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Agenda 08-11-09 I 'J""'" I-~' .... f<' .", ~~~<!Y~Te~ eRA iIIi East Side-West S.,de -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, August 11,2009 at 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: VI. Consent Agenda: A. Approval of Minutes - CRA Board Meeting July 14,2009 B. Approval of Period Ended July 31,2009 Financial Report C. Monthly Procurement Purchase Orders - NONE VII. Pulled Consent Agenda Items: VIII. Information Only: A. CRA Policing Activity Report for the Month of July 2009 and District Statistics for the Months of June and July 2009 B. Public Comment Log Monthly Update - NONE C. CRA Media D. Economic Development Activity Report IX. Public Comments: (Note: comments are limited to 3 minutes in duration) X. Public Hearing: Old Business: New Business: XI. Old Business: A. Downtown Master Plan Update TABLED July 14, 2009 B. Heart of Boynton Strategies - Consideration of Hiring a Project Manager TABLED July 14, 2009 C. Consideration of Recommending a Brovmfield Designation within eRA D. Review of Contract Options for 112 NW loth A venue - Brandom E. Women's Circle 1. Consideration of Funding Women's Circle $100.000 for Purchase of Facility 2. Consideration of Entering into a Mortgage and Note with the Women's Circle in the amount of $1 00,000 XII. New Business: XIII. Future Agenda Items A. Consideration of GreenCentive Addendum to Direct Incentive Funding Program B. Property Exchange between CRA and City XIV. Comments by Staff XV. Comments by Executive Director XVI. Comments by CRA Board Attorney XVII. Comments by CRA Board XVIII. Adjournment I 'J""'" I-~' .... f<' .", ~~~<!Y~Te~ eRA iIIi East Side-West S.,de -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, August 11,2009 at 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: VI. Consent Agenda: A. Approval of Minutes - CRA Board Meeting July 14,2009 B. Approval of Period Ended July 31,2009 Financial Report C. Monthly Procurement Purchase Orders - NONE VII. Pulled Consent Agenda Items: VIII. Information Only: A. CRA Policing Activity Report for the Month of July 2009 and District Statistics for the Months of June and July 2009 B. Public Comment Log Monthly Update - NONE C. CRA Media D. Economic Development Activity Report IX. Public Comments: (Note: comments are limited to 3 minutes in duration) X. Public Hearing: Old Business: New Business: XI. Old Business: A. Downtown Master Plan Update TABLED July 14, 2009 B. Heart of Boynton Strategies - Consideration of Hiring a Project Manager TABLED July 14, 2009 C. Consideration of Recommending a Brovmfield Designation within eRA D. Review of Contract Options for 112 NW loth A venue - Brandom E. Women's Circle 1. Consideration of Funding Women's Circle $100.000 for Purchase of Facility 2. Consideration of Entering into a Mortgage and Note with the Women's Circle in the amount of $1 00,000 XII. New Business: XIII. Future Agenda Items A. Consideration of GreenCentive Addendum to Direct Incentive Funding Program B. Property Exchange between CRA and City XIV. Comments by Staff XV. Comments by Executive Director XVI. Comments by CRA Board Attorney XVII. Comments by CRA Board XVIII. Adjournment VI. CONSENT AGENDA: A. Approval of Minutes- eRA Board Meeting July 14,2009 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ON JULY 14, 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 (arrived 6:33 p.m.) Ron Weiland Lisa Bright, Executive Director Shauna Bridgeman, Attorney I. Call to Order - Chairman Jerry Taylor The meeting was called to order at 6:30 p.m. II. Pledge to the Flag and Invocation Vice Chair Hay offered the invocation followed by the Pledge of Allegiance to the Flag. III. Roll Call The Recording Secretary called the roll. A quorum was present. IV. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda Mr. Rodriguez would discuss the Executive Director's signing authority with Item D of the Consent Agenda. B. Adoption of Agenda Motion Vice Chair Hay moved to approve the agenda. Mr. Weiland seconded the motion that unanimously passed. V. Announcements & Awards: None. VI. Consent Agenda: A. Approval of Minutes - CRA Board Meeting June 9, 2009 B. Approval of Minutes - eRA Special Board Meeting June 16,2009 1 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 14, 2009 C. Approval of Period Ended June 30, 2009 Financial Report D. Monthly Procurement Purchase Orders Mr. Rodriguez pulled Item D. E. Approval of Travel for Board Chairman Mr. Rodriguez pulled Item E. Motion Vice Chair Hay moved to approve the Consent Agenda, less the items pulled. Mr. Weiland seconded the motion that unanimously passed. VII. Pulled Consent Agenda Items: D. Monthly Procurement Purchase Orders Mr. Rodriguez explained there was discussion at a City Commission meeting that some members felt they had not put enough controls in place with the current staff to turn the task of leading the Community Redevelopment Agency staff over to a voluntary board. At that time, he reminded the members they eased the controls by allowing the Executive Director to sign contracts up to $25K. The signing authority was originally set at $10,000, but was increased with the justification being the higher amount put the Executive Director on a par with the City Manager. He noted the City Manager has a $70 million budget and the Executive Director has a $6 million budget. Mr. Rodriguez explained the members gave the Executive Director seven times the authority than that of the City Manager. Mr. Rodriguez thought he would bring it up to see if the members wanted discussion on it. Board discussion followed and it was noted changing the policy would have no effect on the new Board, because the new Board could change it. Comments included while the City Manager had the authority to sign for items up to $25,000, he still reported those items to the Board and the Executive Director had not abused the authority. Mr. Rodriguez explained after the first month Ms. Bright was given the authority to sign, she signed a contract regarding 211 E. Ocean Avenue, when the Board agreed they would not spend any money on the property. Lisa Bright, Executive Director, responded the $25,000 related to an already approved work order and a budgeted line item, approved by the Community Redevelopment Agency Board in September of last year. The procurement policy was based on various contracts the Board already approved and were effectuated for efficiency. Mr. Rodriguez disagreed. It was clarified the expense was related to value engineering on how to effectively renovate the facility. 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 14, 2009 Motion Mr. Weiland moved to approve. Vice Chair Hay seconded the motion that unanimously passed. E. Approval of Travel for Board Chairman Mr. Rodriguez reviewed the revised agenda item and explained the travel dates were changed. The item was a budget item for $608, and the July 2009 calendar showed the Executive Director was also traveling. He inquired why that expense was not reflected on the agenda item. Ms. Bright responded the request was for Board travel which requires Board approval. Staff travel was budgeted in the Community Redevelopment Agency Board approved budget. Mr. Rodriguez inquired what the total expense of the trip was and Ms. Harris explained the amount was under $1,000 for the Executive Director. If the Chair attended the meeting, the trip total would be $1,600. Chair Taylor was attending the meeting and had to reschedule the dates due to City Commission budget hearings. Mr. ROdriguez noted Congressmen WexleJ and Klein both have local offices, and they would both be in town. He inquired why they could not meet with them while they were in town. Chair Taylor responded they have to work around their calendars. Their federal lobbyists set the appointment for them. The lobbyists do groundwork prior to the meetings as they have a relationship with staff, and they meet with staff who briefs the elected officials beforehand so they could have a effective meeting. Motion Mr. Rodriguez moved to approve the request. Vice Chair Hay seconded the motion that unanimously passed. VIII. Information Only: Chair Taylor read each item. A. CRA Policing Activity Report for the month of June 2009, and District Statistics for the months of May and June 2009 B. Boynton Beach CRA and Trolley Website Updates C. Complaint/Comment Log - Monthly Update Mr. Rodriguez noted there many complaints about the elimination of the south trolley route. He advised he voted against the elimination and was aware notification had been sent to community residents to voice their opinions about the termination of the route. 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 14, 2009 Ms. Scutari, 2030 SW 24th Circle, inquired if the trolley route could remain during season, or remain if a fare was implemented. She advised many residents could not use the service because they could not get to the bus stop at the clubhouse. Chair Taylor explained the Community Redevelopment Agency did not have the funds to continue the service. If a fee was charged, some residents would not be able to afford it and ridership was poor. Ms. Scutari explained additional stops would increase the ridership and she further inquired if the service could be provided once or twice per week from November to May. When the service was originally offered it was one straight route and then the route was split into two servicing two different areas. She expressed the service was wonderful and it added a certain charm to Boynton. Since the item could be reviewed during the budget meetings to be held in August, Mr. Rodriguez encouraged Ms. Scutari to share her ideas with staff It was noted the Shopper Hopper was available which offered door-to-door service at a reasonable price. Molly Stahlman, Molly's Trolley, clarified the southem route originally was one long route that ran from Federal Highway to Bethesda Hospital, then to Leisureville and then onto the shopping district. The residents from Sterling Village, however, complained that it took a long time to reach the shopping district. There were two trolleys, and they changed the route to have one trolley service Sterling Village, Colonial Club and Bethesda Memorial Hospital in a straight route to the shopping district. The second trolley route was from Bethesda Hospital through the Leisureville clubhouses to the shopping district. The shopping district was defined as Wal-Mart, Target and the Boynton Beach Mall. An unidentified resident of Marina Village explained she used to ride the Green Une (south route) every day and expressed the trolley was a nice community amenity. Since many seniors could not attend the meeting and snowbirds were up north, she encouraged the Community Redevelopment Agency to take a second look at the service. The woman mentioned the trolley driver thought the service needed more advertising and that it deserved a second chance before it was discontinued. She indicated she would pay to ride the trolley and students use it to play hookey as well as to go to school. Staff was given direction to develop alternatives for the trolley and it was noted the trolley often did not have enough riders and it was not cost effective. D. CRA Press Releases E. Economic Development Activity Report Ms. Ross inquired about relocation costs for a non-profit agency. 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 14, 2009 Vivian Brooks, Assistant Director explained Mr. Dykes approached the Community Redevelopment Agency to find a location for his non.profit. She met with him and gave him ideas. The members discussed the report was good as it described the activity but it did not indicate the outcome. Ms. Bright explained she met with an individual regarding a process for a childcafe school. It was a way to advise the Board who staff was meeting with and what activity was or would occur; however, there would not be any short-term result. The meeting was held to assist a constituent bring something to fruition. At some point, some activity would occur. In the immediate example, Ms. Bright anticipated the childcafe process would take about a year. Mr. Rodriguez inquired if they could add a column for achieved results so at some point in time they could enter the outcome. There was discussion of adding the column and indicating that action was pending or completed. Item 6 of the log pertained to a dwelling Mr. Oyer was moving. Ms. Brooks explained Mr. Oyer demolished a building west of the railroad tracks on Ocean Avenue. The building was structurally poor. Ms. Brooks approached Mr. Oyer about demolishing the building, moving a 1940's cottage situated. at 201 NE 1st Avenue there and leasing it as a business. The structure would make a quaint tea. house or art gallery and there would be a structure there instead of a dilapidated group of walls. The Community Redevelopment Agency owned the Ruth Jones Cottage, which is on the potential Historic Preservation list, and since staff was trying to enhance activity along Ocean Avenue, Ms. Brooks approached Mr. Oyer about the proposal. Mr. Oyer, however, indicated he intended to rebuild the structure. Ms. Ross inquired about a meeting with the Business Loan Fund. Ms. Brooks explained the fund was primarily for minority and small business lending, typically for start-up funding or businesses not yet ready to access traditional credit through conventional lending institutions. Creating a small business loan fund for micro-businesses was part of the Heart of Boynton strategy. The Board requested staff conduct further research; hence she had a meeting about it. Staff was investigating whether this was the only loan fund, because there were other small banks that were required to lend to Community Redevelopment Agencies. The Business Loan Fund was a not-for-profit comprised of a consortium of local banks that put monies in and lend to small and minority-owned businesses. The loans were riskier loans. Most of the businesses were small "mom and pop" home-based businesses. Any business that could meet the criteria was eligible for the loans. On a different matter, Chair Taylor indicated he was receiving rave reviews for the Community Redevelopment Agency's efforts as it pertained to videotaping downtown businesses. There was consensus to modify the report to add a status/action column. F. Budget Update FY 2009 - 2010 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 14, 2009 G. Downtown Merchant Mingle H. Closing of 4COP Liquor License Chair Taylor advised the Community Redevelopment Agency Board was able to sell the liquor license for just a few dollars under $60,000. I. Planning and Development Board Meeting Agenda - June 23, 2009 Chair Taylor noted JR Watersports would be requesting a conditional use/major site plan modification for a new boat dealership and ancillary customization component located along Federal Highway. He inquired if that was an item the Community Redevelopment Agency Board wanted to support, as he was thinking of the maintenance that would occur onsite. Ms. Brooks responded the maintenance would not be visible from the front, as it would be conducted at the rear of the building. While staff did not think it was the ideal business for the location, it was discussed that considering the current economy, Planning and Development and the Community Redevelopment Agency staff worked hard to attract a viable business for the site. The business would be an improvement. There was some environmental contamination from the prior tenants, which would also be addressed. Chair Taylor also noted there was an application pending for a Dogfather mobile vending unit outside the mall entrance opposite the former Ruby Tuesday's. IX. Public Comments: (Note: comments are limited to 3 minutes in duration> Chair Taylor opened the floor for public comments. No one coming forward, Chair Taylor closed the floor. X. Public Hearing: Old Business: None. New Business: None. XI. Old Business: A. Cost Analysis to Implement a Trolley Service Fee Susan Harris, Finance Director, explained at the last meeting, the Board requested a revenue analysis for a fee-based trolley service. A Powerpoint presentation was given based on a survey of 300 people. 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 14, 2009 Molly Stahlman, Molly's Trolley President, reviewed the presentation. Highlights of the presentation included: v"'ln 2007, the trolley serviced 8,000 riders per month. v"'ln 2008, from January to June, they serviced 11,000 riders per month. v"'ln the past 12 months, they serviced nearly 130,000 riders on the northern route only. Ms. Stahlman reviewed the statistics of the riders, which included age, ethnicity, frequency and reason to ride. The majority of the riders rode the trolley to work or to a connection to get to work. The majority also indicated they would pay for the service and would pay fifty cents for such service. It was noted the Board had already approved ending the southern route and staff was directed to review a fare for the northern route. The upfront and monthly costs for a fare were reviewed. The cost of the unit to collect the fare was $6,000. Four units would be needed as well as an extra unit in case one unit malfunctioned. Security cameras on the vehicles would also be necessary. The total upfront cost was $34,000, which included costs of a magnetic cafd feadef and cards, costs for the collection and how they would collect the monies Based on the number of riders, Ms. Stahlman explained at fifty cents per ride, there would be a deficit for the first year by $13,000, and then they would realize a profit of $21,000 per year going forward. Based on a fare of $1.00 and the number of riders who indicated they would pay that fare, the upfront costs would be paid during the first ten months and they would then realize a profit of $50,000 going forward. The pros and cons of the service were discussed. Ms. Harris noted she spoke with Palm Tran who indicated a fare recovery at 15% was typical. As it pertained to Boynton Beach, they were looking at a maximum of 10% if they charged a one dollar fare. Ms. Harris also reported there were federal regulations prohibiting charging more that $1.50 for the service. During the budget, if the Board opted to eliminate the Saturday route on the northern trolley, it would mean less revenue but it would realize a savings of about $70,000 per year. In terms of charging for the service, it would affect 18,000 riders. At $1.00 per ride, a profit of $18,000 would be realized and the cost recovery annual savings would be reduced. Ms. Harris noted the challenges of collecting the funds. She advised they could not do so at their current location and would need to make some type of arrangement with the City to collect the funds at a City location through an Interlocal Agreement, similar to how the Shopper Hopper operates. The methodology to calculate the monthly cost of the service included two police officers for Monday and Tuesday, due to the Community Redevelopment Agency Police officers working Wednesday through Sunday. The trolley was servicing 11,000 riders per month, just as they did in 2008; however, in 2008, the trolley ran on Sundays and that day was since eliminated. Consequently, they 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 14, 2009 were serving more people per hour on the trolley Saturday was their highest capacity day. The increase in ridership did not increase their operating costs although they receive a cost of living increase each October Ms. Harris noted the trolley contract would expire on September 30, 2009. Should the Board renew the contract, it was anticipated the cost would increase due to Ms. Stahlman offering a better price last year to operate two trolleys as opposed to one. Next year the cost would increase to $70 per hour. The prior reduction in rate per hour for two trolleys was $65.50. With the elimination of the south route, the cost was $70. The calculations provided to the Board were based on $70K. There was discussion the Board should have been informed the rate would change if the south route were eliminated. Ms. Bright explained staff was trying to save $30,000. The trolley runs from 6:30 a.m. to 7:15 p.m. and three trolleycars were rotated. It was also noted Ms. Stahlman was well thought of in the West Palm Beach area for the trolley service she provides there. After discussion the item would be addressed during the budget and a determination whether the south route elimination should stay or if there was an opportunity to look at a skimmed down route would be made. In the interim, staff would review offering a south route two or three days at a week (Mr. Weiland left the dais at 7:25 p.rn.) B. Consideration of Amendments to CRA Programs 1. Homebuyers Assistance Program (HAP) Chair Taylor reviewed the agenda item and indicated staff was recommending approval of amendment #6. He inquired if staff was attempting to approve this administratively and not go before the Board. Mike Simon, Development Manager, explained the City currently approves the applications administratively and staff was requesting the Board consider approval in an effort to streamline the process. Reports would be provided monthly. Chair Taylor explained the reports would be after the fact and he preferred to continue to approve the applications as they arose. Ms. Brooks noted the decision to do so was fine; however, it made it difficult to time the closings. (Mr. Weiland returned to the dais at 7:27 p.m.) Over the last 12 months, the Board had to hold two special meetings to review and approve applications. Mr. Simon reviewed each of the options. Chair Taylor liked any of the first five options. The remainder of the Board agreed and there was consensus any of those options were acceptable. 2. Residential Improvement Program (RIP) 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 14, 2009 Chair Taylor expressed he had the same concern with this program as the prior one, which was to approve the requests administratively. He also questioned why the first option was to increase the maximum grant award from $20,000 to $25,000. Mr. Simon explained in many rehabilitation projects, staff had to eliminate items needing repair in order to keep project costs down. The program was not a matching grant program. Discussion followed there had been prior dialogue to obtain additional grants for the southern end of town; however, there was no money and by increasing the amount of the grants, less of the population would be served. Mr. Simon explained the City rehabilitation limit was $50,000. Sentiments were also expressed the homeowner should bear some responsibility for maintaining the home. The program was standard among Community Redevelopment Agencies because it was less expensive to improve housing stock than to construct a home. Some of the southern area was blighted. The program was an income-based program and the reason most of the residents in the southern part of the City were not served was because their income levels were too high. Staff directed a mailing be made to the residents and a door hangar program be implemented. It was pointed out rental properties were excluded from the program and the matching grant program. Staff was encouraged to hold an open house to share information for the south end. The constituents served ranged from low to moderate income individuals. There was consensus to have the program amount remain at $20,000. Vice Chair Hay felt there may be some instances where they may need to go higher than $20,000. Mr. Simon noted they often referred applicants to the City if the resident needed additional assistance. The second option provided for replacing non-functioning or damaged windows with impact-rated single-hung windows when it was deemed doing so was more cost effective or appropriate than to provide hurricane shutters. There was discussion impact windows could still shatter; the object just may not go all the way through. If the windows were non-operational, and ingress and egress from the room was hindered by the broken window, putting shutters over the window would not make sense. It was noted some of the homes the Community Redevelopment Agency constructing used windows instead of shutters. After much discussion, there was consensus staff would decide whether to use a window or shutter. After additional discussion, it was ascertained staff routinely requests the contractor price out the cost of impact windows and hurricane shutters. The Board's decision on the three options was to limit the amount to $20,000. The Board was in agreement with Option 2 as presented and not in agreement with Option 3 which was to approve the items administratively. 3. Commercial Fayade Program Mr. Simon explained staff wanted to change the name from Commercial Fayade Program to Commercial Improvement Grant in order to include tenant improvements and 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 14, 2009 build-outs inside the units. In the past, one or two requests to do so had been made but the requests were deemed ineligible and were denied Mr. Simon noted this would be helpful to new businesses and start-up businesses Ms. Brooks explained the Promenade and Las Ventanas have about 62,000 square feet of retail space which has unimproved interior space, no bathrooms, walls or electrical amenities. Discussion included developers often give incentives to tenants for those improvements. In the downtown Master Plan Update, from an economic development standpoint, other Community Redevelopment Agencies allowed for interior improvements as their goal was to retain business. Staff wanted to retain and offer another incentive to locate to the downtown area. Chair Taylor was not in favor of allowing the interior renovations. Mr. Weiland agreed. Mr. Rodriguez would rather allocate funds to help attract and assist businesses, as opposed to having hurricane shutters, which was one of the recommendations of staff to allow for decorative elements. Discussion followed individuals owning two or three properties within the district could only apply for one grant. Presently, the Fa~de Program allowed a landlord with two separate properties to apply for one grant per year. The change would allow a property owner with multiple properties to be limited to two grant awards per year. Staff was also requesting the program application and grant approval be administrative. Further discussion ensued the grant should be a one-time grant leaving the property owner to maintain the fa~de. It was noted, however, if a business sold then a new set of circumstances applied. There was discussion staff would allow one business owner one grant every five years. If the property owner had multiple properties, they could only apply for one grant. The maximum amount of funding an applicant could receive was up to $15,000. There was consensus one property grant could be obtained every five years. and one owner with multiple properties could apply for only one grant for that property. Multiple grants could not be given for multiple properties. The decision was clarified further as a property owner with two properties could apply for a grant for one property. After five years the property owner could apply for a grant for the second property, based on ownership or tenant. Staff was amenable to recommendations 1 and 2. Recommendation 3 was eliminated. Recommendation 4 was agreed to as discussed, and Recommendation 5 was denied. Motion Vice Chair Hay moved to approve to change the fayade grant as discussed. Mr. Rodriguez seconded the motion that unanimously passed. There was a motion regarding Agenda Item 81 - Homebuyers Assistance Program. 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 14, 2009 Motion Vice Chair Hay moved to approve recommendations 1 through 5, but not recommendation 6. Ms. Ross seconded the motion that unanimously passed. Regarding the Residential improvement Program, the maximum award was kept at $20,000. Recommendation 2 was approved and Recommendation 3 was eliminated. Motion Ms. Ross moved to approve the changes as discussed. Vice Chair Hay seconded the motion that unanimously passed. C. Heart of Boynton Strategies Update 1. Alley Abandonment Status Ms. Brooks explained the Community Committee requested the alleyways be abandoned in an effort to reduce dumping. In working with Utilities, it was discovered many of the alleys had manholes and there would be no benefit to the abandonment because an access easement would still be needed. Staff discussed using a fence to close the alleyways with the Utility Department. The cost allocated for legal fees for the abandonments was about $85,000. Ms. Brooks indicated some of the funds could be reallocated to another activity, and the program could be implemented on an incremental basis. The gates would be locked and the Utility Department would have the key, which would prevent access into the alley and alleviate the dumping. Moving the manholes was not an option. There were 17 alleyways. The property owners would not own the property and consequently, they could not plant anything on it. Staff was only preventing the illegal access and the City would police the alleyways to ensure encroachment did not occur. The only change was the alleyways would not be abandoned to the property owners. Staff would investigate the cost of the fencing. The Board was amenable to the concept. 2. Consideration of Issuing RFP for Development of Small Business Program Ms. Brooks explained as an outcome of the Community Committee, staff was directed to look for assistance for small businesses and offer training to help businesses start-up and operate, or help small-based businesses grow. Staff was directed to look for free services. After much research, it was ascertained there were free services that individuals would have to attend either in Lake Worth at Palm Beach Community College, SCORE in West Palm Beach, or SCORE in Boca Raton. The Chamber of Commerce holds events at a cost. Some of the events were free to Chamber members, but they were not comprehensive enough for individuals wanting to start a small business or write a business plan. Staff wanted something comprehensive with a deliverable at the end, that would provide information about taxes, incorporation, different employment laws, lending practices, 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 14, 2009 etc., and was unable to find a free source. SCORE had a fee and would charge for marketing materials. The Community Committee also felt the individuals attending the course should receive an award upon receiving a certificate of completion for the course, and thought a laptop would be appropriate. To offer a year of classes, the cost would be about $25,000. Discussion followed about piggybacking a contract. It was explained doing so stil/ incurred a cost. Staff issued an RFP which was reviewed by Legal Staff. They also consulted the TED Center in Delray Beach as well as other organizations and a ballpark figure for a course was $25,000 to $30,000. Classes would start every quarter. Additionally the instruction may not even be able to be limited to the Heart of Boynton businesses. After the first year of the program, staff would evaluate the effectiveness of the program with the Board, what the outcome was, how many individuals completed the class, went forward and employed individuals, opened a business or began the process of opening a business. SCORE could provide limited training. Staff envisioned the instruction as more of a classroom setting and considered the Carolyn Sims Center, which had a computer room and next to it, the Youth Violence Prevention room, which could be used on Saturdays. Childcare would be available. Staff was looking at an income stream for the Youth Violence Prevention Project to provide the child- care and was trying to be community oriented in its implementation. Chair Taylor liked the concept but did not agree with offering a reward for completion of the course. (Mr. Weiland left the dais at 8:23 p.m). Staff believed the Carolyn Sims Center was the most appropriate location to hold the classes since the training had to be offered within the Community Redevelopment Agency district. (Mr. Weiland returned to the dais at 8:25 p.rn). The training would be available City-wide. Motion Vice Chair Hay moved to approve moving forward with the training. Ms. Ross seconded the motion that unanimously passed. 3. Consideration of Hiring a Project Manager for HOB Strategies Ms. Brooks explained the Community Committee indicated they wanted a dedicated staff person to work on the strategies they identified. Funding was available for a position for a two-year duration. At a meeting last night, the Community Committee indicated the 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 14, 2009 position should be a social service type of position to assist individuals in finding jobs and getting them to their jobs; however, by statute, that was not a Community Redevelopment Agency eligible expense. The position would be more to manage and implement what the strategy was, working with land acquisition and property owners, working on the Seacrest Streetscape and community policing items. There was discussion the monies should be funneled to the Homeowners Associations to do the work and they would be paid for it. The funding would come from the micro- loan fund allocation which would not be used. The concept was put together by the committee. Some of the Board members noted the job description consisted of duties being performed by existing staff. It was pointed out the issue was not spearheaded by Mr. Rodriguez; however, staff was advised the community wanted someone to represent them. Mr. Rodriguez acknowledged a member of the community had indicated the community was not represented and there were no minorities represented on staff. Ms. Bright disagreed and responded based on her interpretation, she brought the request forward. Mr. Rodriguez noted the make-up of the Community Redevelopment Agency staff was very different from the community. Gertrude Sullivan, 201 NE 6th Avenue. expressed her understanding Mr. Rodriguez was not allocating a position. Ms. Bright explained individuals from the neighborhood associations and the Community Committee privately approached her about the issue, and expressed concern specifically related to the fact there was not an African American represented on staff. Ms. Bright explained they bought it forward. After further comment, it was decided this was an item that could be reviewed during the budget. Mark Karageorge, 240A Main Blvd, indicated he supports economic development; however, he had a problem funding the position. He advised the Community Redevelopment Agency has addressed minority hiring The Community Redevelopment Agency had hired minority candidates in the past. When the Community Redevelopment Agency runs ads, the resumes are reviewed based on qualifications in accordance with a Supreme Court ruling. Ms. Bright explained she had no way to know whether the individual submitting the application was a minority. Regarding the last vacancy, three were minorities, meaning they were women. None of the respondents were from the Heart of Boynton. The position was advertised in the newspaper. Ms. Bright explained in 2006, when there were racial issues on the Board, the Community Redevelopment Agency paid $45,000 for an organizational audit which led to the promulgation of the Rules of Governance. The document defined Board roles and staff roles. Staff was still struggling with the practices. Another outcome of the study was they followed the hiring practices of the City and worked through Sharyn Goebelt, City Human Resources Director, to obtain a larger minority pool. Staff followed the 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 14, 2009 same practices as the City, emanating from the Human Resources organizational audit for the Community Redevelopment Agency. Chair Taylor recalled at least three African American staff members. One of them, Shawanda Peoples, was from the Heart of Boynton, who relocated out of the area. Victor Norfus, 261 N. Palm Drive, indicated he was familiar with the request regarding the issue, and there was no mention of race. The issue at the time was there was no proper representation or communication with the community as far as the perception of what was being done. The committee was trying to have a better rapport with the community and have items more in-line with what the residents in that area wanted. Another item was the size of the Community Redevelopment Agency area and there were different needs in the different areas of it. Some areas required more development and other areas needed a better community relationship than what existed with the Community Committee. Hiring was an issue when another position became available as the community was not aware when there were positions available. Boynton's Community Redevelopment Agency had the largest area in the State. Mr. Norfus was aware his mother supported a project manager, as it was thought it would bring the projects, the community and Community Redevelopment Agency closer together. He announced much of what was presented was not what was discussed, needed or addressed; rather they were things that needed to be done, but not in the manner staff wanted to accomplish them. He indicated there needed to be a position that better correlated to what the community wanted and what staff thinks it was hearing. Appointing a community committee member as a liaison was suggested; however, Mr. Norfus felt there was much difference between being a committee member, a Board member and an employee. The mission of the Community Redevelopment Agency was to clean up crime, improve blighted areas and purchase property. When meetings occurred, minutes were taken. Discussion ensued that when items were discussed at meetings, what was discussed at the Community Redevelopment Agency was different. Ms. Bright explained Community Redevelopment Agency staff takes minutes and they are distributed before the meeting. The timing of the meetings was sometimes an issue. As an example, a Community Committee meeting occurred last night and the Community Redevelopment Agency Board met the next night. Accordingly, no minutes were available before the meeting. Mr. Norfus clarified he did not disagree with what Ms. Bright said; rather he was trying to convince the Board a liaison was needed. Ms. Bright explained staff reviewed what needed to be done, reviewed community development and improvement job titles and others, and the project manager description had the broadest scope. The individual would have to have a real estate background, urban planning background and knowledge in other areas Mr. Norfus explained he was trying to explain to the Board that a position was needed. It was not necessarily a project manager that was needed; rather, they needed an individual within the Community Redevelopment Agency that could better relate to the Community Committee, the Community Redevelopment Agency and the Board. Someone from the committee was not a proper person to do that, it was more like a liaison. A project manager was just a title. Discussion followed there was a disconnect 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 14, 2009 in communication. Further discussion indicated the Committee should appoint a Chairperson to give updates to the Board. The motion given at the March 10, 2009 meeting was to gain community input which was what staff did. A Chairperson could be selected following Roberts Rules of Order. Motion Mr. Rodriguez moved to table the item. Vice Chair Hay seconded the motion that unanimously passed. 4. Consideration of Purchasing Vacant Lot on NE 4th Street Ms. Brooks explained this item was discussed in May. A map was included with the meeting materials which reflected the Community Redevelopment Agency owned slightly over three acres. The offer of the lot arose because the lot was going into foreclosure. The Community Development Corporation paid $470,000 in 2007. The outstanding loan amount was $533,200. The size of the lot was nearly % of an acre. A bank appraisal indicated the lot was valued at $300,000. The bank was asking for $330,000. Staff indicated they would obtain an additional appraisal. The cost of an appraisal would be $1,200. After further discussion, there was consensus to obtain an appraisal. 5. Consideration of Purchase of Public Art for Heritage Park The Community Committee participated in a trolley tour of the entire Community Redevelopment Agency area. One item considered was having public art as a component of the Seacrest Streetscape design. The committee viewed the Avenue of the Arts to select which piece would be the best for Heritage Park. The group chose the Butterfly Mandella at a cost of $3,200. Staff was recommending they purchase the piece and store it until the streets cape construction commences. It was also noted, the Butterfly Mandella piece would not be replacing the commemorative plaque that presently existed. Motion Mr. Weiland moved to purchase the piece. Vice Chair Hay seconded the motion. There had been previous dialogue about $10,000 worth of public art which was voted down. Ms. Bright clarified the piece would be purchased with stimulus funds. Ms. Brooks also noted if they wanted the piece, they had to acquire it because the Avenue of the Arts pieces were replaced each year. The funds were coming from the $1.6 million for the project until the stimulus monies were received. The consultants recommended the piece be acquired and ready. The artwork was a large piece and there was discussion if the price was negotiable. Ms. Brooks explained the price was originally $3,600. Barbara Ready, 329 SW 13th Avenue, speaking as the Chair for the Avenue of the Arts Commission, explained the price was excellent. Public Art typically sells for a lot more 15 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 14, 2009 than what the Board was paying. At the end of the Avenue of the Arts exhibit, many of the artists prefer to sell the piece as opposed to shipping the piece to another location before the replacement arrived. She indicated Ms. Brooks had a place to store the art. If the Board wanted to approve paying for a pad to move the piece, it could be publicly displayed. The cost for the pads was between $7,000 and $10,000 Vote The motion passed unanimously. D. Consideration of lease renewal with Glaston Sims d/b/a Alex Sims Barber Shop In June of 2005, there was a purchase agreement that was approved by the Board. At the time, the property had two owners. There was 4,800 square feet of space. As part of the acquisition, staff included a leaseback agreement with the barber shop to remain at a cost of $10 per year. The tenant was afforded the right to sublet the second bay to a beauty center. The former director had initiated the arrangement, which was part of the City swap for Sara Sims Cemetery and Park. Staff was requesting the Board consider selecting one of the five recommendations offered and wanted to amend the strategic parks plan with the City to officially have a comprehensive amendment for the Sara Sims Park/Heritage Park. The Community Redevelopment Agency cannot spend funds without having the acquisition in a redevelopment plan. Guam Sims, 3021 S. Seacrest Boulevard, explained his family originally was in agreement with the idea of relocating the barber shop for the mixed use project in the MLK area. They intended to continue to operate the business. He conveyed his father was appreciative of the original lease, which allowed him to operate the barber shop which was in existence over 30 years and they preferred the original lease terms. Mr. Sims reported his father took great pride in maintaining the building, and his father did not want to impede development The sublease yielded $600 per month. There was discussion the Community Redevelopment Agency owned the property. On the Glaston property, they were paying $3,800 in taxes. They pay $300 per year for solid waste service. If staff rents the property for over $10 per year, the taxes would be about $3,500 per year. Motion Vice Chair Hay moved to continue with the original lease with the $10 per year with the understanding it would be a month-to-month lease so the City could move forward when they were ready to expand Sara Sims Park. (Recommendation #3) Mr. Rodriguez seconded the motion that unanimously passed. E. Appraisal of property located at 201 NE 9th Avenue - Michael Villamarin 16 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 14, 2009 Mr. Simon reported on June 19,2008, the Board approved entering a purchase contract located at 201 NE 9th in the amount of $210,000. After reviewing the information and receiving an appraisal, he advised the appraisal came back significantly lower than the $210,000. Under due diligence, the Community Redevelopment Agency could cancel the contract or move forward with it. Motion Mr. Weiland moved to terminate the contract. Vice Chair Hay seconded the motion that unanimously passed. F. Downtown Master Plan Update TABLED June 9,2009 Motion Ms. Ross moved to remove. Mr. Rodriguez seconded the motion that unanimously passed. Ms. Bright explained after implementing the Heart of Boynton Strategies, there was a request from Mr. Rodriguez to explain to the Board what ideas were being brought forward for implementation of the downtown master plan. Margee Walsh, Marketing Director, reported as part of the downtown economic marketing program, a video of various businesses were made. The videos were free to all the businesses located in the Community Redevelopment Agency district. This information would be provided on the Community Redevelopment Agency's web page. It would also include digital and contact information, as well as a 60-second clip of the interior and exterior of the business and a brief interview with the owner who would discuss their specialty. Four of the videos were viewed; however, twenty videos were produced so far. The Board viewed videos of the proprietors for Boynton Beach Boat Rentals, Hammertime, Hurricane Alley, and Just Wings and a Few Other Things. Ms. Walsh reported the program was very successful thanks to some editorial coverage by the Palm Beach Post. Ms. Walsh was also approached by Jorge pesquera, President and CEO of the Palm Beach County Convention and Visitors Bureau, who wanted to visit and look at the program. Ms. Bright also received calls from other municipalities about the program because it was done on a shoestring budget. There are 520 businesses in the area. The Economic Development Plan was adopted in November. An intem was hired who created the database but there were some snafus during training. Correspondence was sent advising business owners of the program and when staff did not receive responses, they began cold calling. The Palm Beach Post ran an article about the program, and since then, business owners were lined up for the video. Appointments were being set up unofficially, and staff was moving forward as quickly as they could to video the respondents. Staff hoped to launch the website by the end of August. 17 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 14, 2009 Discussion ensued about whether benchmarks were put in place to measure the success of the program. Additionally, a question was posed if priority was given to businesses that were waning. The standard measure of any economic development activity was business retention or an increase in profit. Ms. Brooks responded staff has prioritized the businesses that responded. She clarified any business holding a Business Tax Receipt received a letter from the Community Redevelopment Agency. Ms. Brooks further explained the website would keep track of the number of hits, which would be organized by category, i.e. restaurants, automotive, etc. The normal method of economic development was reviewed and Ms. Brooks advised those measures was already in place. Ms. Sullivan inquired if Mr. Robinson came to the Community Redevelopment Agency for assistance. Ms. Brooks explained she met with Mr. Robinson and Mr. Dames and discussed what was available through American Recover and Reinvestment Act (ARRA) and the Community Redevelopment Agency program. The Community Redevelopment Agency had a grant program and Mr. Robinson was offered a Commercial Fayade grant; however because that program required a match, Mr. Robinson was not interested in it. Ms. Octavia Bell was also offered the same thing and she refused as well. Ms. Brooks explained staff cannot force property owners to participate in a program. Mr. Robinson was referred to the ARRA SBA Loan program; however, it appeared Mr. Robinson was only interested in free money with no match. The video program would only cost staff time; they purchased two cameras, editing software, two tripods and two microphones for about a $1,200 total cash outlay from the Small Business Development Assistance line item. The videos are filmed on an ad hoc basis. The videos are not filmed at the expense of other staff duties. Ms. Bright explained the Economic Development Report reflected all the work they were doing. Mr. Rodriguez inquired what other big ticket items would assist the businesses downtown. There was lengthy discussion of the downtown area and having a workshop was suggested to answer any questions a Board member may have. Dialogue encompassed the Board members set policy and whether the Board felt comfortable micromanaging the program. The majority of the Board was not in favor of micromanagement. Mr. Rodriguez felt he had a fiduciary obligation to question and challenge staff and he was only aSking basic management oversight questions. Further discussion followed regarding the importance of meeting with staff or the City Manager regarding issues. Motion Ms. Ross moved to table the item. Vice Chair Hay seconded the motion that unanimously passed. G. Master Calendar Ms. Bright explained this item was suggested by Mr. Rodriguez and brought forward by Attorney Cherof as a suggestion that one comprehensive calendar be compiled in order to determine how an idea comes about. It was reported there was no software available for that purpose. Ms. Bright contacted former Administrative Services Manager Ashley 18 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 14, 2009 Buckley, who attempted to keep a master calendar. who advised she was unable to do so as it was an extremely comprehensive undertaking. Additionally other Community Redevelopment Agencies reported that was not the common practice. Mr. Rodriguez explained this item was an example of an approved directive from six months ago that was never implemented, and only when he asked about it is he told they do not do so. He indicated staff ignored the Board's request and this was a point of issue. The members discussed the matter and it was noted the purpose was to have checks and balances. and what meetings they were attending. Motion Ms. Ross moved to delete the master calendar. Vice Chair Hay seconded the motion. Mr. Weiland commented Kathy Biscuiti and other Community Redevelopment Agency staff members worked very hard on the Fourth of July event and probably spent the day after working at the site. He hoped she had a day or two off to recuperate from the event. At the City Commission level, if a recording secretary worked until 11 :00 p.m. or 12 midnight they start work later in the day. He explained that was the way it should be with the Community Redevelopment Agency as they are putting their hours in. It was noted it was the Executive Director's job to manage that. Vote A vote was taken and the motion unanimously passed. Mr. Rodriguez explained the item was not something he initiated six months ago. H. Approval of Funding up to $50,000 from the Homebuyer Assistance Program to Latasha Norfus and Rakera Ramsey Ms. Bright explained there was a clerical error on the agenda: Items H and I had been tabled. Motion Ms. Ross moved to remove Items H & I from the table. Vice Chair Hay seconded the motion that unanimously passed. Mr. Simon explained staff was recommending approval of the item. Both appraisals came in at the contract price. The item had been tabled pending the new appraisal. Motion Vice Chair Hay moved to approve. Ms. Ross seconded the motion that unanimously passed. 19 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 14, 2009 Approval of Funding up to $50,000 from the Homebuyer Assistance Program to Dallo, Glaiseda and Renel Bosquet Mr. Simon explained staff was recommending approval of the item and the same scenano applied to this request as to the prior request except the second appraisal exceeded the contract price. Motion Vice Chair Hay moved to approve. Mr. Weiland seconded the motion that unanimously passed. Peggy Miller, Seaside National Bank, wanted to clarify as far as the Homebuyers Assistance Program was concerned, the appraisal process was based on the Home Valuation Code of Conduct (HVCC) New Code of Compliance issued May 1st of this year. Ms. Miller wanted to explain the process so the Board would be comfortable with only having a bank appraisal as opposed to two appraisals. The Home Valuation Code of Compliance was a new federal requirement banks needed to adhere to, which took the decision making process out of the hands of the originator or anyone who could financially gain from the home closing. The bank assigned the selection process to a third party that was not associated with the transaction arId it ensured the quality of appraisals the banks ordered. XII. New Business: A. Affordable Housing Tools at a Glance published by the Flonda Redevelopment Association Ms. Brooks advised the Florida Redevelopment Association, which is the trade association of Community Redevelopment Agencies, used the Boynton Beach Community Redevelopment Agency as a benchmark and best practice in affordable housing along with Delray Beach and Winter Park. A publication was created and would be distributed showcasing the work of the Boynton Beach Community Redevelopment Agency. The information will also go to the Senate and House of Representatives for distributio n. The Board complimented staff. Chair Taylor was impressed the publication dedicated eight pages to the accomplishments and work of the Community Redevelopment Agency staff XIII. Future Agenda Items: A. Appraisal of property located at 112 NW 10th Avenue - Jerry & Melody Brandom B Consideration of GreenCentive Addendum to Direct Incentive Funding Program 20 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 14, 2009 C. Property Exchange between CRA and City D. Consideration of Brownfield Designation within CRA E. Consideration of Funding Woman's Circle $100,000 for Purchase of Facility XIV. Comments by Staff Ms. Harris wanted to ensure the upcoming Budget Workshop, scheduled for August 10th went as smoothly as possible. She indicated she was asked for a line-by-Iine review, which was something staff had provided in the past. Ms. Harris requested further confirmation she was to include whom the expense was anticipated for. She inquired if that meant a list of vendors. Mr. Rodriguez explained they were looking for the same information as the City requested for it's budget hearings. XV. Comments by Executive Director None. XVI. Comments by CRA Board Attorney None. XVII. Comments by CRA Board Mr. Weiland apologized to Ms. Bridgemen for any stress they may have given her during the meeting. He also praised Ms. Biscuiti for her hard work and leadership. Ms. Ross complimented Ms. Biscuiti for the fireworks. Ms. Bright announced Ms. Biscuiti renegotiated the contract and saved the agency $12,000. Chair Taylor expressed the Board shared Mr. Weiland's sentiments. XVIII. Adjournment There being no further business to discuss, the meeting properly adjourned at 9:59 p.m. . . . I f I',. . , . . d, t 1_ ;. I I~ .~_ ( ~... ~. Catherine Cherry Recording Secretary 071509 , j i' 21 VI. CONSENT AGENDA: B. Approval of Period Ended July 31, 2009 Financial Report eRA BOARD MEETING OF: Augustl1,2009 I x I Consent Agenda I Old Business I I New Business Public Hearing Other SUBJECT: Monthly Financial Report SUMMARY: Monthly budget report to the CRA Board representing the revenues and expenses for the month ending July 31, 2009. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: None RECOMMENDA TIONS: Approve July financials. ~~ Susan Harris Finance Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\8-11-09 Meeting\Financial Reporl.doc -04-2009 12:07 PM - GENERAL FUND :NANCIAL SUMMARY :VENUE SUMMARY T.I.F.INCOME MARINA RENT & GRANT INC MARKETING INCOME FESTIVALS & EVENT INCOME INVESTMENT INCOME MISCELLANEOUS OTHER FINANCING SOURCES )TAL REVENUES {PENDITURE SUMMARY LEGISLATIVE ADMINISTRATIVE FINANCE INSURANCES PROFESSIONAL SERVICES PLANNING BUILDINGS ~ PROPERTY MARINA COMMUNICATIONS & TECHNOL0 CONTINGENCY MARKETING SPECIAL EVENTS EMPLOYEE BEBEFITS DEBT SERVICE TRANSFER 0UT )TAL EXPENDITURE, ~VENUES OVER' 'UNDER EXPENDITURE:: ORIGINAL BUDGET BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: JULY 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 .00 i 15,313.00) 0.18- 1,287,500 1,287,500 9Q,993.83 827,994.48 0.00 459,505.52 35.69 0 0 0.00 2,475.00 0.00 i 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 34,565.50 0.00 15,434.50 30.87 0 0 0.00 103.20 0.00 I 103.201 0.00 __~,400,000 3,400,000 0.00 0.00 0.00 _3-,_400,000.00 100.00 .. .--- --- --- -- 13,052,500 13,052,500 99,993.83 9,181,451.18 (J.OO 3,871,048.82 29.66 ------------ ------------ ------------- ------------- ------------- ------------- ------- -- ---------- - ----~------- - - ,----------- ------------- ---- ----., _.-- ----- ------------- .------- 16,900 211,942 151,415 115,470 485,000 209,880 496,210 ".,287,500 62,120 314,493 140,566 95,087 227,91~ ,066,581 '__I 'J?J, -11'? ()57:; sni 17,900 211,942 151,415 115,470 485,000 209,880 496,210 1,287,500 62 , 120 313,493 140,566 95,087 227,917 066,58J '~,J7=,4l~r 1)5:-' , 'lor 169.92 18,809.67 10,509.53 0.00 473.20 15,625,88 9,190.45 131,706.25 fi,771.79 0.00 .',520.46 7,382.47 r-;,08S.72 (1 00 , i'; 4 '_ , R i:, t~ ! ::: 5,717.9'7 164,156.98 113,614.81 64,017.78 144,290.44 161,834,60 215,792,33 763,153.23 39,095.83 0.00 95,093.05 73,594.15 143,179.85 789,720.2f j h~~~~~ 'L. ;].00 0.00 0.00 0.00 56,780.15 0.00 ",790.00 0.00 459.98 0.00 0.00 0.00 0,.00 .F, 401, P<~4 ')[ . ;-I? (' G) :~ {j <, p" <, fl5,;U ," ~.3 \ no on 12,182.03 47,785.0~ 37,800.19 51,452.22 283,929.41 48,045.40 272,627.67 524,346.77 22,564,19 113,493.00 45,472.95 21,492.85 84,737.15 .'76,851. 72 t~42. ?~~_4_ 75 68.06 22.55 24.96 44.56 58.54 22.89 54.94 40.73 36.32 lOO.OO 32.35 .21.60 3 ':' 18 03 ^. ~ .10 '~85, 6~3~ .jL -. .4,...., ~ R::: .} -; ') r' l (. 8-04-2009 12 .M 01 -GENERAL FUND REVENUES BOYNTON BEACH REVENUE & EXPENDITURES REPt . UNAUDITED) AS OF: JULY 31ST, 2u09 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 TOTAL T.I.F.INCOME MARINA RENT & GRANT INC 01-42115 MARINA RENTS 01-42116 MISCELLANEOUS RENTS FRO PROPE 01-42117 MARINA FUEL SALES 01-42118 MARINA MISC INCOME TOTAL MARINA RENT & GRANT INC MARKETING INCOME 01-43100 TROLLY MARKETING INCOME TOTAL MARKETING INCOME FESTIVALS & EVENT INCOME 01-44100 FESTIVAL & EVENT INCOME TOTAL FESTIVALS & EVENT INCOME INVESTMENT INCOME 01-46100 INTEREST INCOME TOTAL INVESTMENT INCOME CONTRIBUTIONS & DONATION MISCELLANEOUS 01-48100 MISCELLANEOUS INCOME TOTAL MISCELLANEOUS OTHER FINANCING SOURCES 01-49100 OTHER FINANCING SOURCES TOTAL OTHER FINANCING SOURCES TOTAL REVENUES 8,300,000 8,300,000 80,000 7,200 1,200,000 300 1,287,500 15,000 15,000 50,000 50,000 3,400,000 3,400,000 13,052,500 8,300,000.0 8,300,000 80,000.0 7,200.0 1,200,000.0 300.0 1,287,500 o o 15,000.0 15,000 50,000.0 50,000 o o 3,400,000.0 3,400,000 13,052,500 0.00 0.00 0.00 0.00 99,993.83 0.00 99,993.83 0.0 o 0.00 0.00 8,315,313.00 8,315,313.00 85,626.42 5,400.00 735,895.18 1,072.88 827,994.48 2,475.00 2,475.00 1,000.00 1,000.00 34,565.50 34,565.50 103.20 103.20 0.00 0.00 9,181,451.18 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 15,313.00) 15,313.00) 5,626.42) 1,800.00 464,104.82 772.88) 459,505.52 2,475.00) 2,475.00) 14,000.00 14,000.00 15,434.50 15,434.50 103.20) 103.20) 3,400,000.00 3,400,000.00 3,871,048.82 0.18- 0.18- 7.03- 25.00 38.68 257.63- 35.69 0.00 0.00 93.33 93.33 30.87 30.87 0.00 0.00 100.00 100.00 ------------ ------------ ------------- ------------- ------------- ------------- ------- ------------ ------------ ------------- ------------- ------------- ------------- ------- 29.66 0.00 0.00 0.00 0.00 0.0 o 0.00 0.00 0.00 0.00 99,993.83 -2- 8-04-2009 12:07 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: JULY 31ST, 2009 1 - GENERAL FUND EGISLATIVE EPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING URCHASED/CONTRACT SERV 01-51010-200 CONTRACTUAL EXPENSE 7,500 7,500 0.00 0.00 0.00 7,500.00 100.00 01-51010-203 MISCELLANEOUS 0 1,000 0.00 1,700.00 0.00 700.00) 70.00- 01-51010-216 ADVERTISING & PUBLIC NOT I 2,700 2,700 61.92 2,441.91 0.00 258.09 9.56 01-51010-225 ASSOC. MEETINGS & SEMINAR 2,500 2,500 0.00 799.47 0.00 1,700.53 68.02 01-51010-227 DELIVERY SERVICES 3,600 3,600 108.00 969.00 0.00 2,631. 00 73.08 PURCHASED/CONTRACT 16,300 17,300 .----- TOTAL SERV 169.92 5,910.38 0.00 11,389.62 65.84 UPPLIES 01-51010-310 OFFICE SUPPLIES 600 600 0.00 ( . .__192.41) 0.00 792.41 132.07 --_._- TOTAL SUPPLIES 600 600 0.00 192.41) 0.00 792.41 132.07 -,~-- - ~_._-_.- TOTAL LEGISLATIVE ~h 900 ' ~ /900 l69_92 r::: I 717. 9~ .'..OC ,;',182.03 58.0F 8-04-2009 12 'M BOYNTON BEACH REVENUE & EXPENDITURES REPC . UNAUDITED) AS OF: JULY 31ST, 2009 01 -GENERAL FUND ADMINISTRATIVE % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PERSONNEL SERVICES 01-51230-100 PERSONNEL SERVICES 176,917 176,917 13,701.92 147,818.23 0.00 29,098.77 16.45 01-51230-115 CAR ALLOWANCE 5,400 5,400 416.00 4,368.00 0.00 1,032.00 19.11 TOTAL PERSONNEL SERVICES 182,317 182,317 14,117.92 152,186.23 0.00 30,130.77 16.53 PURCHASED/CONTRACT SERV 01-51230-225 ASSOC. MEETINGS & SEMINAR 3,750 3,750 839.06 4,762.81 0.00 1,012.81) 27.01- 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 , 425 839.06 5,092.64 0.00 8,332.36 62.07 SUPPLIES 01-51230-310 OFFICE SUPPLIES 8,500 8,500 19.25 1,086.25 0.00 7,413 .75 87.22 01-51230-315 POSTAGE 2,000 2,000 0.00 999.45 0.00 1,000.55 50.03 01-51230-355 SUBSCRIPTIONS 200 200 0.00 0.00 0.00 200.00 100.00 01-51230-360 BOOKS & PUBLICATIONS 500 500 45.00 101.72 0.00 398.28 79.66 TOTAL SUPPLIES 11,200 11,200 64.25 2,187.42 0.00 9,012.58 80.47 CAPITAL EXPENDITURES 01-51230-400 EQUIPMENT COSTS 5,000 5,000 3,788.44 4,690.69 0.00 309.31 6.19 TOTAL CAPITAL EXPENDITURES 5,000 5,000 3,788.44 4,690.69 0.00 309.31 6.19 DEPRECIATION & AMORT TOTAL ADMINISTRATIVE 211,942 211,942 18,809.67 164,156.98 0.00 47,785.02 22.55 -4- 1-04-2009 12:07 PM . - GENERAL FUND :NANCE ~PARTMENTAL EXPENDITURES ,RSONNEL SERVICES 11-51325-100 PERSONNEL SERVICES TOTAL PERSONNEL SERVICES JRCHASED/CONTRACT SERV 11-51325-200 CONTRACTUAL EXPENSE )1-51325-201 BANK FEES )1-51325-225 ASSOC. MEETINGS & SEMINAR )1-51325-226 MEMBERSHIP DUES )1-51325-227 DELIVERY COSTS 11-51325-229 CAREER DEVELOPMENT TOTAL PURCHASED/CONTRACT SERV JPPLIES ll-51325-310 OFFICE SUPPLIES Jl-51325-360 BOOKS & PUBLICATIONS ll- 513 25- 3 65 OFFICE PRINTING COST~' TOTAL SUPPLIES ~PITAL EXPENDITURES EPRECIATION & AMORT TOTAL FINANCE ORIGINAL BUDGET BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: JULY 31ST, 2009 AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED UNENCUMBERED BALANCE % OF BUDGET REMAINING 130,260 130,260 2,280 3,000 5,750 725 1,000 ...~ 15,755 4,500 500 400 5,400 1Sl.415 _~~,260 130,260 2,280 3,000 5,750 725 1,000 3,000 15,755 4,500 500 400 _..----- ~,400 151,415 10,020.00 10,020.00 0.00 0.00 80.29 0.00 0.00 0.00 80.29 19.24 390.00 0.00 409.24 J (J . SO g . 5 j 105,210.00 105,210.00 1,905.58 2,377.86 1,885.21 809.10 80.41 130.00 7,188.16 748.06 468.59 0.00 ------- 1.216.65 LU.614.81 0.00 -~_...- 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ---~"-- 0.00 n.on 0.00 0.00 ...----- ". on ~\ . 0 (' 25,050.00 25,050.00 374.42 622.14 3,864.79 84.10) 919.59 2,870.00 8,566.84 ;.751.94 31.41 400.00 4,183.35 37.800 19 19.23 19.23 16.42 20.74 67.21 11.60- 91.96 95.67 --~- 54.38 83.38 6.28 lOO.OO '77.47 24 96 8-04-2009 12 M BOYNTON BEACH REVENUE & EXPENDITURES REPC UNAUDITED) AS OF: JULY 31ST, 2UU9 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 -6- 3-04-2009 12:07 PM 1 - GENERAL FUND ~OFESSIONAL SERVICES ~PARTMENTAL EXPENDITURES JRCHASED/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 BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: JULY 31ST, 2009 ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY % OF BUDGET REMAINING YEAR-TO-DATE BALANCE TOTAL ENCUMBERED UNENCUMBERED BALANCE 276,000 276,000 0.00 127,313.66 56,780.15 91,906.19 33.30 200,000 200,000 0.00 12,035.55 0.00 187,964.45 93.98 __~ 000 9,000 473.20 4,941.23 0.00 4,058.77 45.10 ----~~ 485,000 485,000 473.20 144,290.44 56,780.15 283,929.41 58.54 485,000 485,000 473.20 144,290.44 56,780.15 283,929.41 58.54 8-04-2009 12 'M BOYNTON BEACH REVENUE & EXPENDITURES REPl ,UNAUDITED) AS OF: JULY 31ST, 2009 01 -GENERAL FUND PLANNING % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PERSONNEL SERVICES 01-51440-100 PERSONNEL SERVICES 184,205 184,205 14,169.62 148,781.01 0.00 35,423.99 19.23 01-51440-115 CAR ALLOWANCE 5,400 5,400 416.00 4,368.00 0.00 1,032.00 19.11 TOTAL PERSONNEL SERVICES 189,605 189,605 14,585.62 153,149.01 0.00 36,455.99 19.23 PURCHASED/CONTRACT SERV 01-51440-225 ASSOC. MEETINGS & SEMINAR 11,000 11,000 1,002.24 4,598.12 0.00 6,401.88 58.20 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 18.78 304.76 0.00 695.24 69.52 01-51440-229 CAREER DEVELOPMENT 2,500 2,500 0.00 999.00 0.00 1,501.00 60.04 TOTAL PURCHASED/CONTRACT SERV 15,325 15,325 1,021. 02 6,176.88 0.00 9,148.12 59.69 SUPPLIES 01-51440-310 OFFICE SUPPLIES 3,500 3,500 19.24 1,053.95 0.00 2,446.05 69.89 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 1,338.01 0.00 338.01) 33.80- TOTAL SUPPLIES 4,950 4,950 19.24 2,508.71 0.00 2,441.29 49.32 CAPITAL EXPENDITURES DEPRECIATION & AMORT TOTAL PLANNING 209,880 209,880 15,625.88 161,834.60 0.00 48,045.40 22.89 -8- 3~04~2009 12:07 PM l ~GENERAL FUND JILDINGS & PROPERTY ,PARTMENTAL EXPENDITURES JRCHASED/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 01-51620-224 SIGNAGE TOTAL PURCHASED/CONTRACT SERV JPPLIES 01-51620-325 ELECTRICITY COSTS 01-51620-326 WATER CHARGES TOTAL SUPPLIES ~PITAL EXPENDITURES EPRECIATION & AMORT TOTAL BUILDINGS & PROPERTY ORIGINAL BUDGET BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: JULY 31ST, 2009 AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED UNENCUMBERED BALANCE % OF BUDGET REMAINING 2,700 160,000 50,760 12,880 25,000 216,370 10,000 477,710 12,500 6,000 18,500 49h,210 2,700 160,000 50,760 12,880 25,000 216,370 10,000 477,710 12,500 6,000 ]8,500 ,19(-; 21n 0.00 1,084.20 2,110.00 0.00 1,358.00 4,140.02 0.00 ----- 8,692.22 0.00 498.23 498.23 '_i 1.9 ,4- 5 2,089.99 69,406.25 37,394.90 6,973.62 16,874.08 72,756.01 1,900.00 207,394.85 4,288.49 4,108.99. 8,397.48 ,_..L J, '"':'0~-: .,1 0.00 0.00 7.790.00 0.00 0.00 0.00 0.00 ---~~ ~,790.00 0.00 0.00 --.._------ 0.00 :1 (i. 1) () 610.01 90,593.75 5,575.10 5,906.38 8,125.92 143,613.99 8,100.00 262,525.15 8,211.51 1,891.01 10,102.52 ., ,...,.:=: I G:; -" I' 22.59 56.62 10.98 45.86 32.50 66.37 81.00 -~._- 54.95 65.69 31.52 -._~ 54.61 ~4 . J4 q 8-04-2009 12 M BOYNTON BEACH REVENUE & EXPENDITURES REPC . UNAUDITED) AS OF: JULY 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 35,000 962.80 24,810.30 0.00 10,189.70 29.11 01-51630-241 MARINA FUEL MANAGEMENT 148,000 148,000 12,333.00 123,330.00 0.00 24,670.00 16.67 01-51630-242 MARINE FUEL STATION OVERH 50,000 50,000 3,720.61 30,079.03 0.00 19,920.97 39.84 TOTAL PURCHASED/CONTRACT SERV 233,500 233,500 17,016.41 178,669.33 0.00 54,830.67 23.48 SUPPLIES 01-51630-325 ELECTRIC COSTS 20,000 20,000 476.54 10,436.25 0.00 9,563.75 47.82 01-51630-326 WATER COSTS 1,800 1,800 234.72 1,816.37 0.00 16.37) 0.91- 01-51630-327 GASOLINE & DEISEL FUEL PU 1,008,000 1,008,000 113,978.58 563,556.72 0.00 444,443.28 44.09 01-51630-328 MARINA DIESEL SALES TAX 19,200 19,200 0.00 8,674.56 0.00 10,525.44 54.82 TOTAL SUPPLIES 1,049,000 1,049,000 114,689.84 584,483.90 0.00 464,516.10 44.28 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 1,287,500 131,706.25 763,153.23 0.00 524,346.77 40.73 -10- 3-04-2009 12:07 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: JULY 31ST, 2009 l -GENERAL FUND JMMUNICATIONS & TECHNOLO ,PARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING JRCHASED/CONTRACT SERV 01-51650-200 CONTRACTUAL EXPENSE 5,500 5,500 0.00 1,030.00 0.00 4,470.00 81.27 )1-51650-210 CITY IT SUPPORT 20,000 20,000 4,917.27 13,485.61 0.00 6,514.39 32.57 ]1-51650-212 FINANCIAL SOFTWARE MAINTE ~500 -~ 0.00 6,252.00 0.00 248.00 3.82 TOTAL PURCHASED/CONTRACT SERV 32,000 32,000 4,917.27 20,767.61 0.00 11,232.39 35.10 JPPLIES 01-51650-330 TELEPHONE LINES 12,200 12,200 919.67 9,349.07 0.00 2,850.93 23.37 01-51650-340 CELLULAR PHONES 7,920 7,920 366.95 6,271.98 459.98 1,188.04 15.00 TOTAL SUPPLIES 20,120 20,120 1/286.62 15,621.05 459.98 4,038.97 20.07 A.PITAL EXPENDITURES 01-51650-400 EQUIPMENT COSTS . ..______ 10,000 __~_:J.O, 000 567.90 2,707.17 0.00 7,292.83 72.93 TOTAL CAPITAL EXPENDITURES 10,000 10,000 567.90 2,70'7.1'""' 0.00 ~,292.83 72.93 TOTAL COMMUNICATIONS & TECHNOLO 62,1~O 62,120 1"1 79 ~91n9S 8e '~ . J [: :::2,S64.1~: .~ 8-04-2009 12 ')M BOYNTON BEACH REVENUE & EXPENDITURES REP ,UNAUDITED) AS OF: JULY 31ST, ~u09 01 -GENERAL FUND CONTINGENCY % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING PURCHASED/CONTRACT SERV 01-51990-200 CONTRACTUAL EXPENSE 314,493 313,493 0.00 0.00 0.00 313,493.00 100.00 TOTAL PURCHASED/CONTRACT SERV 314,493 313,493 0.00 0.00 0.00 313,493.00 100.00 TOTAL CONTINGENCY 314,493 313,493 0.00 0.00 0.00 313,493.00 100.00 -12- 8-04-2009 12:07 PM 1 -GENERAL FUND 'illKETING EPARTMENTAL EXPENDITURES ERSONNEL SERVICES 01-57400-100 PERSONNEL SERVICES TOTAL PERSONNEL SERVICES URCHASED/CONTRACT SERV 01-57400-200 CONTRACTUAL EXPENSE 01-57400-216 ADVERTISING & PUBLIC NOTI 01-57400-218 ANNUAL REPORT & BROCHURES 01-57400-225 ASSOC. MEETINGS & SEMINAR 01-57400-226 MEMBERSHIP DUES 01-57400-227 DELIVERY SERVICES 01-57400-229 CAREER DEVELOPMENT 01-57400-236 PHOTOGRAPHY / VIDEOS TOTAL PURCHASED/CONTRACT SERV UPPLIES 01-57400-310 OFFICE SUPPLIES 01-57400-355 SUBSCRIPTIONS 01-57400-360 BOOKS & PUBLICATIONS 01-57400-365 OFFICE PRINTING COSTe: TOTAL SUPPLIES IEPRECIATION & AMORT TOTAL MARKETING ORIGINAL BUDGET BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: JULY 31ST, 2009 AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED UNENCUMBERED BALANCE % OF BUDGET REMAINING 86,632 86,632 8,500 2,000 10,000 2,000 1,334 2,500 o 10,000 36,334 ",500 1,100 100 3,900 1 '1 600 140,566 86,632 86,632 8,500 2,000 10,000 2,000 1,334 2,500 o 10,000 36,334 -,500 1,100 100 8,900 17,6011 JAO,56G 6,722.46 6,722.46 0.00 0.00 0.00 735.25 0.00 0.00 0.00 0.00 735.25 02.75 o 00 0.00 0.00 6:2.72 ._, '120.46 71,729.68 71,729.68 0.00 2,810.00 2,920.27 2,230.60 611.50 279.37 3,195.00 6,842.82 18,889.56 '.,359.91 Ii 94 .3 B 0.00 ::_' 419.5:: 4,473 8J :~~.; ,093. OS 0.00 -- 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 _...._-~ 0.00 ".00 '1.00 0.00 0.00 11.00 14,902.32 14,902.32 8,500,00 810.00) 7,079.73 230.60) 722.50 2,220.63 3,195.00) 3,157.18 17,444,44 (,,140.09 405.62 100.00 _",480.~~ n.126.1Q In ,1 S ,t,.:.. 95 17.20 --- 17.20 100.00 40.50- 70.80 11.53- 54.16 88.83 0.00 31.57 48. OJ B1.fP 36.87 100.00 72.81 74.58 1':' <.l::; 8-04-2009 12 ?M BOYNTON BEACH REVENUE & EXPENDITURES REP, (UNAUDITED) AS OF: JULY 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 REMAINING PERSONNEL SERVICES 01-57500-100 PERSONNEL SERVICES 83,262 83,262 6,463.22 69,007.67 0.00 14,254.33 17.12 TOTAL PERSONNEL SERVICES 83,262 83,262 6,463.22 69,007.67 0.00 14,254.33 17.12 PURCHASED/CONTRACT SERV 01-57500-225 ASSOC. MEETINGS & SEMINAR 2,500 2,500 880.77 2,452.78 0.00 47.22 1. 89 01-57500-226 MEMBERSHIP DUES 325 325 0.00 658.95 0.00 333.95) 102.75- TOTAL PURCHASED/CONTRACT SERV 2,825 2,825 880.77 3,111.73 0.00 286.73) 10.15- SUPPLIES 01-57500-310 OFFICE SUPPLIES 3,500 3,500 38.48 1,128.41 0.00 2,371.59 67.76 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 38.48 1,224.75 0.00 2, 775.25 69.38 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 7,382.47 73,594.15 0.00 21,492.85 22.60 -14- 8-04-2009 12:07 PM 1 - GENERAL FUND ~PLOYEE BEBEFITS ~PARTMENTAL EXPENDITURES ORIGINAL BUDGET TOTAL ENCUMBERED ERSONNEL SERVICES 01-59000-151 F.I.C.A. 01-59000-152 MEDICARE 01-59000-153 RETIREMENT PLAN 401(a) 01-59000-154 WORKERS COMP INSURANCE 01-59000-155 HEALTH INSURANCE 01-59000-156 DENTAL INSURANCE 01-59000-157 LIFE INSURANCE 01-59000-158 SHORT / LONG TERM DISABIL 01-59000-159 UNEMPLOYMENT CHARGES 01-59000-160 VISION INSURANCE 01-59000-161 COMPENSATED ABSENSES TOTAL PERSONNEL SERVICES 43,345 9,830 74,512 6,356 53,856 3,698 2,614 3,112 5,000 594 25,000 227,917 TOTAL EMPLOYEE BEBEFITS 22"7,91'-7 BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: JULY 31ST, 2009 AMENDED BUDGET 43,345 9,830 74,512 6,356 53,856 3,698 2,614 3,112 5,000 594 25,000 227,917 227.91"" MONTHLY ACTIVITY 3,186.32 745.20 250.00 0.00 0.00 225.50 80.10 253.30 320.72 24.58 0.00 ----~ 5,085.72 S,08::, YEAR-TO-DATE BALANCE 34,442.67 8,515.86 41,852.00 2,312.54 39,895.80 2,611.23 1,062.13 2,426.92 1,970.72 370.34 7,719.64 143,179.85 143,179 85 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 --- 0.00 UNENCUMBERED BALANCE 8,902.33 1,314.14 32,660.00 4,043.46 13,960.20 1,086.77 1,551.87 685.08 3,029.28 223.66 17,280.36 84,737.15 OC' S.l. --, _ ~ 15 % OF BUDGET REMAINING 20.54 13.37 43.83 63.62 25.92 29.39 59.37 22.01 60.59 37.65 69.12 37.18 .12 Lt 8-04-2009 12 'M BOYNTON BEACH REVENUE & EXPENDITURES REPl . UNAUDITED) AS OF: JULY 31ST, 2uV9 01 - GENERAL FUND DEBT SERVICE DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED %- OF UNENCUMBERED BUDGET BALANCE REMAINING DEBT SERVICE OTHER FINANCING USES 01-59800-990 TRANS OUT TO DEBT SERVICE 3,066,581 3,066,581 0.00 2,789,729.28 0.00 276,851. 72 9.03 TOTAL OTHER FINANCING USES 3,066,581 3,066,581 0.00 2,789,729.28 0.00 276,851.72 9.03 TOTAL DEBT SERVICE 3,066,581 3,066,581 0.00 2,789,729.28 0.00 276,851.72 9.03 -16- 8-04-2009 12:07 PM 1 -GENERAL FUND RANSFER OUT EPARTMENTAL EXPENDITURES ORIGINAL BUDGET BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: JULY 31ST, 2009 AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED UNENCUMBERED BALANCE THER FINANCING USES 01-59999-990 INTERFUND TRANSFERS OUT TOTAL OTHER FINANCING USES TOTAL TRANSFER OUT OTAL EXPENDITURES EVENUES OVER/(UNDER) EXPENDITURES 6,171,419 6,171,419 6,171,419 13,052,500 6,171,419 6,171,419 6,171,419 13,052,500 o 1,542,854.75 1,542,854.75 1,542,854.75 1,756,100.09 n ( 1,65G,106.26) 4,628,564.25 4,628,564.25 4,628,564.25 9,401,834.55 220,383.371 0.00 0.00 0.00 65,030.13 65,030.131 1,542,854.75 1.542,854.75 % OF BUDGET REMAINING 25.00 .- 25.00 1,542,854.75 25.00 3,585,635.32 285,413 .50 27.47 0.00 8-04-2009 12 M BOYNTON BEACH REVENUE & EXPENDITURES REPC. ONAUDITED) AS OF: JULY 31ST, 2009 02 -PROJECTS FUND FINANCIAL SUMMARY ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED % OF UNENCUMBERED BUDGET BALANCE REMAINING REVENUE SUMMARY FESTIVALS & EVENT INCOME INVESTMENT INCOME MISCELLANEOUS OTHER FINANCING SOURCES 0 0 0.00 12,065.79 0.00 12,065.79) 0.00 0 0 0.00 7,213.91 0.00 7,213 .91) 0.00 300,000 300,000 0.00 2,250.00 0.00 297,750.00 99.25 6,671,419 6,671,419 1,542,854.75 4,628,564.25 0.00 2,042,854.75 30.62 6,971,419 6,971,419 1,542,854.75 4,650,093.95 0.00 2,321,325.05 33.30 ------------ ------------ ------------- ------------- ------------- ------------- ------- ------------ ------------ ------------- ------------- ------------- ------------- ------- TOTAL REVENUES EXPENDITURE SUMMARY OPERATING EXPENSES CAPITAL OUTLAY AFFORDABLE HOUSING ECONOMIC DEVELOPMENT PROJECTS AND PROGRAMS 465,000 465,000 8,575.00 42,281.04 52,504.46 370,214.50 79.62 4,091,279 4,091,279 0.00 116,982.03 654,620.77 3,319,676.20 81.14 860,000 860,000 0.00 310,202.44 48,615.00 501,182.56 58.28 809,795 809,795 46,504.25 611,202.55 26,347.50 172,244.95 21. 27 745,345 745,345 4,406.04 398,643.96 0.00 346,701.04 46.52 6,971,419 6,971,419 59,485.29 1,479,312.02 782,087.73 4,710,019.25 67.56 ------------ ------------ ------------- ------------- ------------- ------------- ------- -----------~ ------------ ------------- ------------- ------------- ------------- ------- 0 0 1,483,369.46 3,170,781.93 782,087.73) ( 2,388,694.20) 0.00 TOTAL EXPENDITURES REVENUES OVER/(UNDER) EXPENDITURES -18- 8-04-2009 12:07 PM 2 -PROJECTS FUND EVENUES ESTIVALS & EVENT INCOME 02-44100 FESTIVAL & EVENT INCOME TOTAL FESTIVALS & EVENT INCOME NVESTMENT INCOME 02-46100 INTEREST INCOME TOTAL INVESTMENT INCOME ISCELLANEOUS 02-48100 MISCELLANEOUS INCOME TOTAL MISCELLANEOUS THER FINANCING SOURCES 02-49100 OTHER FINANCING SOURCES 02-49900 TRANSFERS IN TOTAL OTHER FINANCING SOURCES OTAL REVENUES ORIGINAL BUDGET o ------ o o ----..- o 300,000 300,000 500,000 ~,171,4~ 6,671,419 ~,971,41Q BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: JULY 31ST, 2009 AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED UNENCUMBERED BALANCE % OF BUDGET REMAINING 0.0 - ---------------.--- o 300,000.0 300,000 0.0 o 0.00 0.00 0.00 0.00 0.00 -~ 0.00 500,000.0 0.00 . 6,171,419.0 1,542,854.75 6,671,419 1,542,854.75 r; , 9"] , '119 1. 542,854 '75 12,065.79 0.00 12,065.79) 0.00 12,065.79 0.00 ( 12,065.79) 0.00 7,213.91 0.00 7,213.91) 0.00 7,213.91 0.00 7,213.91) 0.00 2,250.00 0.00 297,750.00 99.25 --,~ --.- 2,250.00 0.00 297,750.00 99.25 0.00 4,628,564.25 4,1128,564.25 4,650,093.95 0.00 0.00 0.00 500,000.00 _1,542,854.75 2,042,854.75 100.00 25.00 30.62 n.oo ;:,321,325.0~ 33.30 'i 8-04-2009 12 "I BOYNTON BEACH REVENUE & EXPENDITURES REPC UNAUDITED) AS OF: JULY 31ST, 2009 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 8,575.00 35,154.44 52,504.46 212,341.10 70.78 75,000 75,000 0.00 7,126.60 0.00 67,873.40 90.50 465,000 465,000 8,575.00 42,281.04 52,504.46 370,214.50 79.62 465,000 465,000 8,575.00 42,281.04 52,504.46 370,214.50 79.62 TOTAL OPERATING EXPENSES -20- 3-04-2009 12:07 PM 2 -PROJECTS FUND \PITAL OUTLAY ,PARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE UNENCUMBERED BALANCE BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: JULY 31ST, 2009 TOTAL ENCUMBERED % OF BUDGET REMAINING \PITAL EXPENDITURES J2-58200-400 LAND 650,000 650,000 0.00 0.00 0.00 650,000.00 100.00 J2-58200-404 CONSTRUCTION IN PROGRESS 2,000,000 2,000,000 0.00 99,262.03 604,620.77 1,296,117.20 64.81 :12-58200-405 SITE WORK AND DEMOLITION 75,000 75,000 0.00 7,720.00 0.00 67,280.00 89.71 02-58200-406 INFRASTRUCTURE AND STREET 1,366,279 1,366,279 0.00 10,000.00 50,000.00 ~306,279.00 95.61 TOTAL CAPITAL EXPENDITURES 4,091,279 4,091,279 0.00 116,982.03 654,620.77 3,319,676.20 81.14 ~--_..._~.._~-- TOTAL CAPITAL OUTLAY 4,091,279 4,091,279 0.00 116,982.03 654,620.77 3,319,676.20 81.14 8-04-2009 12 M BOYNTON BEACH REVENUE & EXPENDITURES REPC UNAUDITED) AS OF: JULY 31ST, 2009 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 11,580.00 48,615.00 99,805.00 62.38 02-58300-421 HOME BUYERS ASSISTANCE PR 300,000 300,000 0.00 217,272.31 0.00 82,727.69 27.58 02-58300-473 AFFORDABLE ACCESS PROGRAM 400,000 400,000 0.00 100,000.00 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 0.00 310,202.44 48,615.00 501,182.56 58.28 TOTAL AFFORDABLE HOUSING 860,000 860,000 0.00 310,202.44 48,615.00 501,182.56 58.28 -22- 1-04-2009 12:07 PM BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: JULY 31ST, 2009 ~ - PROJECTS FUND :ONOMIC DEVELOPMENT ~PARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED UNENCUMBERED BALANCE '0 OF BUDGET REMAINING ~PITAL EXPENDITURES )2-58400-440 FACADE GRANTS-COMMERCIAL 75,000 75,000 0.00 27,989.29 26,347.50 20,663.21 27.55 )2-58400-442 TRANSPORTATION PROGRAM 734,795 734,795 46,504.25 583,213.26 0.00 151,.J_~1. 74 20.63 -"~-~ ~ TOTAL CAPITAL EXPENDITURES 809,795 809.795 46,504.25 611,202.55 26,347.50 172,244.95 21.27 --_._-----~--- --~-_.,~~-- TOTAL ECONOMIC DEVELOPMENT 809,795 809,795 46,504.25 611,202.55 26,347.50 172,244.95 21.27 8-04-2009 12 'M BOYNTON BEACH REVENUE & EXPENDITURES REPL ,UNAUDITED) AS OF: JULY 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 0.00 251,813.54 0.00 223,531. 46 47.03 02-58500-480 COMMUNITY SPECIAL EVENTS 270,000 270,000 4,406.04 146,830.42 0.00 123,169.58 45.62 TOTAL CAPITAL EXPENDITURES 745,345 745,345 4,406.04 398,643.96 0.00 346,701.04 46.52 TOTAL PROJECTS AND PROGRAMS 745,345 745,345 4,406.04 398,643.96 0.00 346,701.04 46.52 -24- 3-04-2009 12:07 PM 2 -PROJECTS FUND 'tANSFER OUT - ASSET TRA ~PARTMENTAL EXPENDITURES rHER FINANCING USES JTAL EXPENDITURES ~VENUES OVER/(UNDER) EXPENDITURES ORIGINAL BUDGET 6,971,419 BOYNTON BEACH CRA REVENUE & EXPENDITURES REPORT (UNAUDITED) AS OF: JULY 31ST, 2009 ",MENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED UNENCUMBERED BALANCE %- OF BUDGET REMAINING 67.56 6,971,419 '09,485.29 o o 1,483,369.46 1,479,312.02 3,170,781.93 782,087.73 4,710,019.25 782,08"'.73) ( 2,388,694.20) 0.00 ,) r, VI. eONSENT AGENDA: c. Monthly Procurement Purchase Orders NONE VIII. INFORMATION ONLY: A. eRA Policing Activity Report for the Month of July 2009 and District Statistics for the Months of June and July 2009 I ; l2.li. "l'!! '" f' . '\ ~~<!Y~T2~ eRA iI East Side -West Side -Seaside Renaissance eRA BOARD MEETING OF: August 11,2009 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 July, 2009 and District Stats for Months of June and July, 2009. (Info.Only) SUMMARY: Monthly report, providing activity and data on Crime in the CRA District: June 2009: · Crimes - 70 · Arrests - 10 · Calls for Service - 1636 July 2009: . Crimes - 56 . Arrests - 6 . Calls for Services - 1711 FISCAL IMP ACT: Cost budgeted in FY 2008-2009 from Project Fund 02-58500-460 CRA PLAN, PROGRAM OR PROJECT: CRA Policing Innovations RECOMMENDATIONS: Info. Only T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\8- 11-09 Meeting\CRA Crime Monthly Stats July.doc 07/06/2009 07/13/2009 07/20/2009 eRA Police Team MONTHLY ACTIVITY REPOR.'r [-- . MONTH: JULY 2009 -Patrolled the Federal Highway Corridor in vehicles -Conducted traffic enforcement in the CRA District -8 citations, 2 felonies, 4 misdemeanors, I COY, 2 DUIs, and I vehicle taken for forfeiture -Extra Patrols at all city parks in the CRA District -Extra Patrols at 100 NE 4th Ave, 100 East BBB, and the I 500-2000blk of South FEC - I misdemeanor and I warrant arrest -Attended a meeting in reference to nuisance businesses -Assisted Road Patrol wit}1 calls for service -Patrolled the Federal Highway Corridor in vehicles -Conducted traffic enforcement in the CRA District -Extra Patrols at all city parks in the CRA District -Extra Patrols at 100 NE 4th Ave, 100 East BBB, and the 1500-2000blk of South FEe -Attended the CRA Board Meeting -Worked an VIC pill operation that stemmed from a Trafficking arrest along N. Federal Highway on OS/28/09 -officers worked in an undercover capacity making 3 separate purchases of schedule II narcotics. A total Of350 pills (67.2gms of oxycodone were recovered). -Assisted CAT with the execution of a Search Warrant in reference to a Marijuana grow house - 31 plants and 3 guns were recovered -Assisted Road Patrol with calls for service -Patrolled the Federal Highway Corridor in vehicles -Conducted traffic enforcement in the CRA District -Extra Patrols at all city parks in the CRA District -Extra Patrols at 100 NE 4th Ave, 100 East BBB, and the I 500-2000blk of South FEe -Attended the HOB HOA Meeting at Carolyn Sims Center and gave a presentation ref to community concerns -Worked an VIC pill operation that stemmed from a Trafficking arrest along N. Federal Highway on OS/28/0S -officers worked in an undercover capacity making 2 separate purchases of schedule II and III narcotics. A total of 140 pills were recovered (28.4gms). -Assisted the DEA Task Force on an operation that stemmed from the above Pill Operation and also assisted the DEA Task Force on the execution of a warrant -Assisted Road Patrol with calls for service 07/27/09 -Patrolled the Federal Highway Corridor in vehicles ~Conducted traffic enforcement in the CRA District -Extra Patrols at all city parks in the CRA District -Extra Patrols at 100 NE 4th Ave, 100 East BBB, and the 1500-2000blk of South FEC -Continued work on undercover operation. Filed arrest warrants for three people. Four counts oftrafficking in oxycodone, one count deliver of a schedule Il narcotic within 1000' of a church, and delivery of a schedule II narcotic within 1000' of a park. 6W,4T With the assistance of the Delray Beach Police Department, arrested WIM Clinton Cooper 08/21/1975 at 138 N. Swinton Ave for having an outstanding warrant for trafficking in oxycodone. ] W IF With assistance of the PBSO, arrested WIM Thomas Cregon 09/]6/1948 at 205 S. CSt., Lake Worth for having an outstanding warrant for trafficking in oxycodone as well as a warrant for FT A. 2W IF 1M With the assistance of the PBSO, arrested W 1M Roy Seransk.)' 07/]5/]958 at Haverhill Road and First Street, Greenacres, Florida for having two outstanding warrants for trafficking in oxycodone. 4W 2F In ,.'1' ('(!Il/Filhlllld F(}/fciIW, , Misdemeanor Felony Citations Warrant Arrests Charges Filed Warrants Executed I TOTAL ARRESTS K- W- 6 2 [KJ Cocaine !.2gms Methamphetamines Marijuana I Heroin Schedule II Schedule III Schedule IV Guns Cash Vehicles h-- 470 20 +- Boynton Beach Police Department Year-lo-Date Crime Comparison Report 2008 I 2009 CRA District Jul-09 CRIMES Jul-09 Jul-08 + I - Jun-09 + I - Y-T-D Y-T-D + I - 2009 2008 Criminal Homicide 0 0 0 1 -1 1 2 1 -- Sexual Offense 1 0 1 0 1 4 2 L. Robbery 5 5 0 2 :) 28 48 -20 ..-..--- ._~-'--'.". ---- Aggravated Assault 3 9 -6 8 -5 49 47 .::: Burglary 23 16 7 19 4 106 78 28 Larceny 16 27 -11 36 -20 171 182 Ii Auto theft 8 6 2 4 4 23 40 11 TOTAL 56 63 -7 70 -14 382 399 .j i ARRESTS Jul-09 Jul-08 + I - Jun-09 + I < Y-T-D Y-T-D ... I . 2009 2008 Criminal Homicide 0 0 0 1 i 1 , I, ---- --- Sexual Offense 0 0 0 0 0 0+' ~~ -- -- Robberv 2 1 1 1 ; '15 -(j -- - - Aggravated Assault 1 5 -4 2 I 19 21 .. "- -- Burglary 0 1 -1 0 U 9 I ; "- .--- Larceny 3 3 0 5 ;2 49 33 16 Auto theft 0 1 -1 1 - 1 3 5 -L TOTAL 6 11 -5 10 -4 88 83 J GALLSFOtlSIRVtCE Jul-09 Jul-08 I Jun-09 I Y-T-D Y-T-D I + - + - 2009 2008 + TGt'AL 171 1 1584 127 1636 75 1 1 131 10872 259 8/3/2009 VIII. INFORMATION ONLY: B. Public eomment Log Monthly Update NONE VIII. INFORMATION ONLY: C. CRA Media r . ~~<!Y~T8~eRA iIi East Side- West Side- Seaside Rena",ssance eRA BOARD MEETING OF: August 11,2009 I Consent Agenda I Old Business New Business Public Hearing I X I Other SUBJECT: CRA Media 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: *FRA recognizes CRA's Homeownership Programs (7/16) *Merchants invited to "Mingle" (7/20) *Local barber shop offers haircuts and a walk down memory lane (7/27) *CRA launches marketing Video Program (7/31) Articles published as a result of last month's Press Releases: *Trolley route cutbacks Chicago Tribune (7/17) Boynton Forum (7/29) * Just Wings and Things Boynton Forum (7/29) FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: Downtown Master Plan RECOMMENDA TIONS: None ~~~fsL Marketing and Communications Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\8-11-09 Meeting\CRA Media July.doc I,. ~()yt/.'J. n ..( Jr;'J ( "<', 1,~J. j\ tA,,, ~""t \ ( ,J \.. r \, ,\ _ ~ast ~ide-~e~t S.lde-ISeaS'lde Renalssanu' Media contact: Margee Walsh Marketing and Communications Director (561) 737-3256, ext. 204 WalshM@bbfl.us FOR IMMEDIATE RELEASE July 16, 2009 Statewide Organization Recognizes Boynton Beach CRA's Homeownership Programs as Model for Other Florida Cities Boynton Beach, FL - The Florida Redevelopment Association (FRA) recently recognized the Boynton Beach Community Redevelopment Agency (CRA) in the Association's "Housing Strategies" publication, Affordable Housing Tools at a Glance, htto://www.bovntonbeachcra.com/downloads/eRA%20Housinq%20Handbook.odf.using the agency as a detailed case study on creating and preserving workforce housing, dedicating eight pages, of the 40-page booklet, to Boynton's housing initiatives. The CRA's Homebuyer's Assistance Program (HAP), Direct Incentive Program for Workforce Housing, and Residential Improvement Grant program were listed as examples of specific activities and programs that increase the production of affordable housing. The Boynton Beach CRA was one of only three other agencies in the state acknowledged by the FRA for these case studies. "Boynton Beach understands the roles of community, city, county and private development organizations and leverages those relationships for the good of its citizens," said James Carras, FRA Executive Advisor and Chair of the Housing Committee. "They took the next step and applied their own local funds, not state or federal dollars, to exceed what other CRAs have been doing in providing housing initiatives that aid residents within their districts 11 Vivian Brooks, Boynton Beach CRA Assistant Executive Director, has been directly involved in writing Boynton's zoning code, along with CRA and neighborhood plans. "We have received an overwhelmingly positive response from residents regarding our housing programs," stated Brooks. "It's the role of the CRA to improve neighborhoods and affordable housing is one piece of the puzzle required for a community to be successful" The Homebuyer's Assistance Program provides up to $50,000 in payment assistance to low and moderate-income families purchasing a home in the CRA district. The funds can supplement SHIP assistance or other down payment assistance and help close the gap between the cost of the home and the amount many first-time homebuyers can (more) Boynton Beach CRA - Pg. 2 afford. To date, 29 HAP units have closed, utilizing over $1 million in CRA funds, and another seven are expected to close before the end of the year. The CRA's Residential Improvement Grant and the Direct Incentive Program for Workforce Housing also make housing accessible and affordable to low to moderate income residents. The Boynton Beach eRA is committed to serving the community by guiding redevelopment activities and stimulating economic growth within its 1 ,650-acre district. The organization focuses on creating a vibrant downtown core, providing affordable housing, and revitalizing neighborhoods. For more information on the CRA, its programs and activities, call (561) 737-3256 or visit www.boyntonbeachcra.com . ### i I" ~qY~l2~ (~ R~\ . East Side~.West S',dc-Seas.,de RenaisS3l'Cf Media Contact: Margee Walsh CRA Marketing and Communications Director (561) 737-3256, Ext. 204 WalshM@bbfl.us FOR IMMEDIATE RELEASE July 20, 2008 Boynton Beach Downtown Merchants Invited To "Mingle" Economic Survival Focus of Information Forum Boynton Beach, FL - Local business owners seeking survival strategies during this down economy are invited to attend the "Downtown Merchant Mingle," on July 30, 5:30 -7:30 p.m. at the Boynton Beach Woman's Club, 1010 South Federal Highway. Boynton Beach. This free event, hosted by the Boynton Beach Community Redevelopment Agency (CRA), the Greater Boynton Beach Chamber of Commerce and the City of Boynton Beach, will showcase economic resources available to assist businesses located in the downtown area, such as free marketing programs, discounted advertising and funding opportunities. Representatives from the CRA, Chamber and City will be on hand to answer questions and discuss details on the following initiatives: . American Reinvestment & Recovery Act (ARRA) . Small Business Loan Program . "Try Us" six month Chamber of Commerce Membership . Discounted Palm Beach Post ads for new or renewing Chamber of Commerce members . CRA Commercial Facade Grants Information will also be available on how to sign up for the CRA's new Downtown Economic Marketing Program, free to all businesses located within the CRA district, developed to assist merchants in promoting their products and services. The new program includes on-camera interviews of store owners, videoed by CRA staff, edited and linked, along with still photos, contact information and description of the business, and uploaded to the "CRA District Google Map," web pages, which are currently under development and scheduled to go live in the next few months. Lisa Bright, CRA Executive Director, knows first hand how many businesses are struggling to stay afloat, with approximately 500 registered in the CRA's 1,650 acre district. "Our goal is to drive customers and business to the downtown area and the CRA is keenly aware how this poor economy is affecting our shop owners. Partnering with the Chamber and City in a joint networking event makes sense, as we all have something to offer that will help these merchants." -cont'd- Glenn Jergensen, President of the Chamber of Commerce, looks forward to meeting with business owners and discussing benefits and perks the Chamber offers to new and existing members. '''This is a great opportunity to reach out to the local business community and let them know what resources are available to help them during these difficult economic times." 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 organization focuses on creating a vibrant downtown core, providing affordable housing, and revitalizing neighborhoods. For more information on the CRA, its programs and activities, call (561) 737- 3256 or visit www.bovntonbeachcra.com. ### 2 .\ !...:'...'{JiJ' ... ... ~..q .Y. .N. ..,.T2.. . ~..... L'....:.[.".,'~....."'...:.'. f"\\ . . .... . .; 1" ... . A .',', iIIIIi East Side-West S"'de-Seas"'d~ Rena",ssance Media Contact: Margee Walsh CRA Marketing and Communications Director (561) 737-3256, ext. 204 walshm@bbfl.us IMMEDIATE RELEASE July 27, 2009 BARBER SHOP OFFERS HAIRCUTS AND A WALK DOWN BOYNTON BEACH'S MEMORY LANE Boynton Beach, FL - Walking into "Gentleman's Choice," a barber shop owned by Robert Finely, located at 558 East Woolbright Road, Boynton Beach, is like stepping into the pages of a Hemingway novel. The forest-green, wood trimmed interior, acts as the perfect backdrop for the many framed, black and white photos hanging on the walls depicting proud Boynton Beach fisherman and their catches from days gone by, a large shiny, sailfish, mounted on the wall above numerous fishing tournament trophies, plaques with U S. Navy insignias, and historical memorabilia that includes four, antique barber shop chairs This cozy, masculine-themed environment, complete with melodic strands of "classic oldies" playing in the background, offers new and loyal customers a reprieve from the hectic world and traffic just outside the front door and opportunity to sit back, relax and enjoy a quick shave and cut Just like in the old days Mr. Finley, known as "Bob" to his customers, has been in the hair grooming business for over 40 years, opening his doors at the Boynton Beach Sunshine Square location eight years ago Finley, a U.S. Navy veteran whose four years of service may account for the clean, orderliness of the shop, employs six barbers. Finley notes many of his regular customers. some of them also military veterans, appreciate the simple, yet professional grooming services his experienced barbers provide, and the added treat of viewing examples of Boynton Beach's history strategically hung around the room. "The historical, sporting theme of the shop has evolved over the years. originating from my patriotism combined with a love of fishing," states Finley "But the display continues to grow, with clients adding items of their own to the collection' Finley recently participated in the Community Redevelopment Agency's (CRA) new Downtown Economic Marketing Program, free to all businesses located within the CRA district, and developed to assist merchants in promoting their products and services. The new program includes on-camera interviews of store owners, videoed by CRA staff, edited and linked, along -cont'd- with still photos, contact information and description of the business, and uploaded to the "CRA District Google Map," web pages, which are currently under development and scheduled to go live in the next few months. Lisa Bright, CRA Executive Director, knows first hand how businesses are struggling to stay afloat. "The CRA is keenly aware how this poor economy is affecting our shop owners, and our goal is to drive customers and business to the downtown area," stated Bright. "Our video marketing campaign comes at a perfect time and is a terrific advertising tool for merchants who want to reach a much larger audience." Sunshine Square, owned by Woolbright Development, was a recipient of a CRA Commercial Fayade Improvement Grant, where eligible commercial property owners in the CRA District, who need exterior improvement to a business building or its grounds, can apply for up to $15,000.00 in financial help. The program operates on a reimbursement basis with the CRA providing a dollar for dollar match for eligible repairs and upgrades, while providing business property owners a better-maintained, more visually appealing property. Store hours for Gentleman's Choice are Mon., Wed., and Fri., 8:30 a.m. - 5:00 p.m., Tues. and Thurs., 8:30 a.m. - 7:00 p.m., Sat. 8:30 a.m. - 5:00 p.m. For additional information, call 561-742- 4300. 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.bovntonbeachcra.com. ### f t ~~YNlp~ I .... .~ Rf\ 1IIIIa. East Side!:es~ld!-seS'~e Re~ai:~'::~' Media Contact: Margee Walsh Boynton Beach CRA (561) 737-3256, ext. 204 walshm@bbfl.us SPECIAL FOR BOYNTON FORUM July 2009 Boynton Beach eRA Launches Video Marketing Program To Promote Downtown Businesses Store owners have opportunity to be candid on camera by Mayor Jerry Taylor, Board Chairman Boynton Beach CRA In May, 2009, owners of small businesses located within the boundaries of the Boynton Beach Community Redevelopment Agency's (CRA) 1,650 acre district, received letters from the Agency, containing good news. The correspondence was an invitation for the merchants to participate in the "Downtown Economic Marketing Program, IJ which includes online videos linked to the CRA District's Google Map, free of charge. Definitely a promotional opportunity store owners can't afford to pass up. The key for any business is to stay economically healthy until the economy revives, and low-cost marketing is just the ticket. The CRA's new program includes on-camera interviews of store owners, videoed by CRA staff, edited and linked, along with still photos, contact information and description of the business, and then uploaded to the "CRA District Google Map," web pages, which are currently under development and scheduled to go live in the next few months. To date over 75 of the 500 registered businesses located in the CRA's 1,650 acre district have been videoed. Lisa Bright, CRA Executive Director, knows first hand how businesses are struggling to stay afloat. "The CRA is keenly aware how this poor economy is affecting our shop owners, and an integral component of Boynton Beach's Downtown Master Plan is to drive customers and business to the downtown area," stated Bright. "Our video marketing campaign comes at a perfect time and is a terrific advertising tool for merchants who want to reach a much larger audience," The CRA is also partnering with the City and Great Chamber of Commerce to host the "Downtown Merchant Mingle," on July 30,5:30 - 7:30 p.m., at the Boynton Beach Woman's Club, 1010 South Federal Highway, Boynton Beach This free event will showcase business survival strategies and economic resources available to assist business owners, such as discounted advertising and funding opportunities. For additional information on this event or to learn more about the eRA's Downtown Economic Marketing Program, call 737-3256, or visit www.bovntonbeachcra.com. Boynton Beach Mayor Jerry Taylor is Board Chairman of the Boynton Beach Community Redevelopment Agency. The CRA guides redevelopment activities that create a vibrant downtown core and revitalized neighborhoods within the Agency's district comprised of 1,650 acres along the eastern edge of the City of Boynton Beach. 2 ... << Boynton Cl"lamber to have young professionals card exchange I Main I Rottvnsn Chiropractic to have school $UPPty drive for Candad >> Just Wings & A Few Other Things offers up 17 sauces ~ Posled by Mike Rolhm.n on Jun. 29, 20CJSI el11 :30 AM :; ~b'~ <.~~..;\... , f . . t . ~ J, 1 I . I .' ~t" ~v J 1 , Ii \] I . . hi/it ( -- ,.~ ... :J :: ,. - ~....... ..-.-.-.---- _. -_..... - . --- Sara Boyd's restaurant Just Wings & A Few Other Things is known for its 17 sauces from which to choose at its 1600 N.Federal Highway location. Boyd often suggests placing orders that Include combing 8 selection of flavors, such as hot honey, some raspberry and lemon pepper. Boyd celebra1:es her second anniversary this month at her Boynton Beach location after opening her original wing shack in 2000 In the Fort Lauderdale area. The idea came'rom a visit Boyd had with her daughter, Angel, in Atlanta, where she was going to college. -, sawall these wing places up there and Just thought that we don' have anything like that In South Florida,. Boyd said. Margee Walsh. Boynton Seaeh Community Redevelopment Agency spokeswoman, said breakfast Items are now avaHable on the take-out menu. Walsh said In addition, a variety of spicy, f1avorful.other things,. or menu hems, such as fried shrimp. pork souse, a popular Caribbean stew, chicken gizzards and oversized, homemade red velvet cupcakes are also on the menu. All the wings can be washed down with a chilled, sweet tea. Boyd said residents come In mainly for her wings, and keep coming back while they decide which of the 17 flavors are their favorite, such as the sweet & sour or ThaI. .Our f1avo~ are addicting,- Boyd said. We have honey garilc, spicy ganic, Caribbean, the house special and lemon pepper: The prices for wings range from $5.50 for the -Snack- oftlve wings and frtes to $7.50 for 10 wings. For 18 wings, the cost Is $9.75. In addition. lunch specialS and party platters are available. Store hours are 11 a.m. to 10 p.m. Monday through Saturday and noon to 8 p.m. Sunday. For Infonnatlon. call 561-740-9613. The Boynton Seach Community Redevelopment Agency, established in 1982 serves to encourage dIverse redevelopment activities, stimulate economic growth, create a destination core and enhance the visual appearance of the community. The Boynton eRA also serves to promote businesses within the community as part of their goalS. Walsh said the C~ has begun a downtown small business-marketing plan to help promote the 500 businesses located In the CRA's dlstrld. "The economy Is Just so bad, everyone needs to step up to the plate and help: she said. -This wing restaurant Is Just another example of a hidden gem In Boynton that people may not know because It Is not a chain.. Mike Rothman can be reached at mkrothmanCtrlbune.com. :) http://www.chicagotribune.com/topic/sfl- flbbftrolley0617bbfiun 17 .0.3 979464.story CHICAGO TRIBUNE From the South Florida Sun-Sentinel City puts the brakes on trolley. cuts 2 routes MIKE ROTHMAN I Forum Publishing Group July 17, 2009 The economy is forcing more budget cuts from the city's government and community agencies. The Boynton Beach Community Redevelopment Agency's board voted June 9 to eliminate the two southern trolley routes, effective July 3. Margee Walsh, CRA spokeswoman, said the decision was based on an estimate of a $2 million revenue shortfall for next year and that a cut was needed. The northern trolley route, or Yellow Line, will remain in operation while CRA staff evaluate its cost effectiveness. Walsh said evaluation of available funding sources for the remaining northern route would take place at the CRA's budget workshop in August. Factors that influenced the board's vote to cancel the southern routes were the annual operational cost of $235,800 and lack of riders. Mayor and CRA chairman Jerrv Taylor said when the CRA launched the new southern routes last year, it would be a 19- month trial period that would be re-evaluated on performance. Taylor also said ridership had not increased like what was estimated and that there was a small amount of riders on the two canceled routes. As of July 3, as many as 16 stops, including the Green Line, providing service to riders along the eastern portion of Federal Highway with transfer stops at Bethesda Hospital, will be canceled The running time of the Green Line was from 9:30 a.m. to 4: 15 p.m. Monday through Friday. In addition to the Green Line, the Red Line, providing service to riders primarily west of Interstate 95 through Leisureville and to Congress Avenue and the Boynton Beach Mall, will be shut down. Lisa Bright, the CRA's executive director, said the trolley couldn't afford the occasional rider anymore, but only service for riders who absolutely need it. The remaining Yellow Line is mainly used for students and residents trying to get to work. "We did our own ridership analysis at the staff level and the riders were just not consistent enough to keep the routes," Bright said. "Plus, if we cut it now instead of at the end of the budget year, we save an additional $40,000 we can use elsewhere." She said the CRA was going to cut the routes last year, but with gas more than $4 per gallon, they decided to keep it to help residents. Gas is below $3 per gallon this year. Trolley routes cut due to budget constraints, lack of riders MIKE ROTHMAN Forum Publishing Group July 29, 2009 The economy recently forced more budget cuts for Boynton Beach. On July]. the Community Redevelopment Agency's had to eliminate the city's two southern trolley routes. CRA spokeswoman Margee Walsh said the decision was based on an estimate of a $2 million revenue shortfall for next year and that a cut was needed. The northern trolley route, or Yellow Line, will remain in operation. while CRA staff evaluates its cost-effectiveness. Walsh said evaluation of available funding sources for the remaining northern route would take place at the CRA's budget workshop next month. Factors that influenced the board's vote to cancel the southern routes were the annual operational cost of$235,800 and lack of riders. Mayor and CRA Chairman Jerry Taylor said when the CRA launched the new southern routes last year, it was a 19-month trial period that would be re-evaluated on performance. Taylor also said ridership had not increased as estimated and the number of riders on the two canceled routes were few. As of July 3, as many as 16 stops, including the Green Line, providing service to the eastern portion of Federal Highway with transfer stops at Bethesda Hospital, were stopped. The running time of the Green Line was 9:30 a.m. to 4: 15 p.m. Monday through Friday. In addition to the Green Line, the Red Line, providing service to riders primarily west of Interstate 95 through Leisureville and to Congress Avenue and the ,Boynton Beach Mall. was shut down. The running time on the Red Line was the same as the Green. Copyright ~ 2009, South Florida Sun-Sentinel VIII. INFORMATION ONLY: D. Economic Development Activity Report i"..je'Di."t~.._tA'(:tivtW Jul-09 Activity Outcome Relocation Assistance o:=:=JGenesis Health Clinic technical assistance I Possible lease of 5,600 sq. ft. in Yachtsman's Plaza Owner Assistance 1 Created Brownfield Map for resolution Met wIRick Gonzalez re: feasability analysis for 2 retail on MLK Promotional I Planned and Implemented the Merchant Mingle 1 held on July 30th 2 Business Video Shoots U Gas The Pantry Kehig Family Chiropractic Rufus Ribs Causeway Coin Laundry Chucks Auto Repair Prime Catch Minor Skate Shop Mario Ferrazoli Marble and Tile Eco Green Cleaners Hair Garden Scully's Restaurant Armelles Supermarket 100 attendees 1 Tenant Assistance Drafted RFP/RFQ for Small Business Development 1 ProQram 2 Issued RFP/RFQ for Small Business Proaram "eRA District Google Map)~ Downtown businesses video taped July 2009 (13). Woolbright U-Gas Owner: Michael Anagnostakis Contact Person Other Than Owner: George Anagnostakis Address: 1520 S. Federal Hwy. City, State, ZIP: Boynton Beach, FL 33435 Business Phone: (561) 732-5229 Fax: (561) 732-0430 Email Address:stakisQ<<v.aol.com The Pantry Owner: Michael & Gloria Bowden Contact Person: Gloria Address: 206 S. Federal Hwy. City, State, ZIP: Boynton Beach, FL 33435 Business Phone: (561) 732-2977 Email Address(forpublicuse):thepantry<<v.bellsouth.net Rufus Ribs Owner: Rufus Allen Contact Person Other Than Owner: Brenda Allen Address: 206 S. Federal Hwy. City, State, ZIP: Boynton Beach, FL 33435 Business Phone: (561) 932-8206 Kehrig Family Chiropractic P .A. Owner of Business: Dr. Timothy M. Kehrig, P.A, Address: 1815 S. Federal Hwy, #5 City, State, ZIP: Boynton Beach, FL 33435 Business Phone: 561-737-7787 Fax: 561-737-1131 Email Address:DrTim@DrTimWellness.com Website: www.DrTimWellness.com -cont'd page 2- July 2009 videos Causeway Coin Laundry Owner of Business: Phil CaStillo Address: 1626 S. Federal Hwy. City, State, ZIP: Boynton Beach, FL 33435 Business Phone: 561-737-2161 Email Address:laundryPhil@hotmail.com Chucks Auto Repair Owner: Michael and George Anagnostakis Address: 520 West Industrial Dr. City, State, ZIP: Boynton Beach, FL 33435 Business Phone: (561) 734-1392 Fax: (561) 738-0889 Email Address(forpublicuse):stakisQ@aol.com Prime Catch Owner: John Therien Manager: Gail Stegenga Address: 700 E. Woolbright City, State, ZIP: Boynton Beach, FL 33435 Business Phone: (561) 737-8822 Cell: (561 )350-5469 Fax: (561) 737-8824 Website: www.primecatchbovnton.com Minor Skate Shop Owner: Brandi and Danny Charles Manager: Danny Charles Address: 212 South Federal Hwy. City, State, ZIP: Boynton Beach, FL 33435 Business Phone: (561) 736-8654 Email Address(forpublicuse):brandi@minorskateshop.com dannv~minorskateshop.com Website: www.minorskateshop.com -cont'd page 3- July 2009 videos Mario Ferazzoli & Sonl Inc. Owner of Business: Mario Fera.zzoli Address: 419 Railroad AvenuE City, State, ZIP: Boynton Beach, FL 33435 Business Phone: 561-734-3252 Fax: 561-734.1226 Eco Green Cleaners Owner of Business: Evan Whelan Address: 520 E. Woolbright Rd, City, State, ZIP: Boynton Beach, FL 33435 Business Phone: 561-424-0200 Email Address:EMW33441@yahoo.com(PRIVP.ll:) Armelle's Supermarket Contact Person Name: Armelle Lorme, owner Address: 140 W. Boynton Beach Blvd. City, State, ZIP: Boynton Beach Blvd. Business Phone: 561-577-3850 Hair Garden Owner of Business: Gayle & Dana Littlefield Address: 1100 South Federal Hwy, # 8 City, State, ZIP: Boynton Beach, FL 33435 Business Phone: 561-369-1146 Scully's Restaurant Owner: Kevin Scully Address: 2005 S. Federal Hwy. City, State, ZIP: Boynton Beach, FL 33435 Business Phone: (561) 733-4782 Email Address(forpublicuse):scullvsrestaurant@att.net Website: www.scullvsreastaurant.com XI. OLD BUSINESS: A. Downtown Master Plan Update TABLED July 14,2009 1~~qY~Te~ ,eRA . East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: August 11,2009-TABLEDJuly 14, 2009 I I Consent Agenda IX I Old Business New Business Legal Other SUBJECT: Boynton Beach Adopted Downtown Master Plan - Action Plan & Goals and Guiding Principles SUMMARY: At the June 9, 2009 CRA meeting, Commissioner Rodriguez requested suggestions received by the Community Committee be addressed in the Master Plan. He suggested the proposals be applied to the downtown area and cottage district. He wanted to know what ideas were being done to redevelop the downtown area. (Tab 1) The City Commission's adoption of Ordinance 08-035 on January 20, 2009 of the Boynton Beach Downtown Master Plan solidified key redevelopment opportunities within the CRA District. The Plan itself unifies all previous redevelopment plans into a comprehensive twenty year work program for the CRA. The planning area is identified on the attached map. (Tab 2) In 2003, the City and CRA collaborated on how best to create a viable downtown by implementing a new zoning category for mixed-use projects with special high density. This extremely high density would be a huge redevelopment enticement for the development community. Always with the goal in mind of increasing the tax base in the Central Business District (CBD) it would generate revenue to reinvest and revitalize the Heart of Boynton. (Tab 3) From the period of 2003-2004, the agency's redevelopment program was solely based on the following redevelopment plans: . 1983 - Community Redevelopment Plan . 2001 - Federal Highway Corridor Community Redevelopment Plan . 2001 - Heart of Boynton Community Redevelopment Plan . 2001 - Ocean District Community Redevelopment Plan From the period 2004-2006, the redevelopment program aggressively changed to meet the demands of the private sector. This was accomplished by adopting the following plans: . 2004 - Boynton Beach Boulevard Corridor Plan . 2005 - Urban Design Guidelines . 2006 - Federal Highway Corridor Plan Update T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\8-11-09 Meeting\BBDowntownMasterPlan-ActionPlan I.doc It was not until after the October 20, 2006, Boynton Beach Assembly: Committing to Our Future that the eRA Board determined the creation of one Master Plan was essential to create a sustainable downtown core. (Tab 4) Throughout 2007 to 2009 staff brought forward various recommendations and/or ideas for board consideration. (Tab 5) The adoption of the BB Downtown Master Plan has a horizon timeline with a twenty year life span. The 5-year action plan is the first step and is underway. (Tab 6) The Plan's identified Goals & Guiding Principles are also underway. An example ofthe "Historic Inventory" is included. (Tab 7) Marketing, Events and Downtown Promotions are ongoing. Staff works \vith shopping center owners to keep abreast of space availability, rental rates, leasing challenges, etc. We attempt to collaborate with center owner~ to consider promotional events within their shopping centers. (Tab 8) Staff is promoting the downtown businesses by providing FREE staff assistance with ensuring they have signed on with "Google" Mapping service and would like to have the staff shoot a 30 second video clip of their business. (Tab 9) The Commissioners often ask staffto do more research on items before implementing and/or do not necessarilJ approve of activities the first time around. Staff is in the various stages of bringing some ofthese items forward once again. (Tab 10) Additional ideas for board consideration will depend upon the final budget numbers presented at the Budget Workshop in August. Attached are some concepts or ideas as requested. (Tab 11) FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: Boynton Beach Downtown Masterplan OMMENDATIONS: None T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\8-II-09 Meeting\BBDowntownMasterPlan-ActionPlan I.doc TAB 1 T:\ADM INISTRA TIVE\Templates\Tab Pages.doc Bright, Lisa I.~i<ii!ll!,li'~"-Mit.lt.':i~ From: Sent: To: Cc: Subject: Bright. Usa Friday. June 26,20094:25 Pili' 'jreguez@aol.com' I aylor, Jerry; Hay, Woodrow: Ross, Marlene; Weiland Ron", FW: DMP Revievv Attachments: DMP Update.doc; BB Downtown Master Plan-5 year Action i-'Iafl Dc ~ ~ DMP Update. doc (479 KB) BB Downtowl i "laster Plan-S yeal" Commissioner Rodriguez, At the June 9th eRA meeting, we delivered a chronological !,;lcgress ):ep':1 16, 2008 adoption of the DMP. We are finalizi.ng our resear, r; i= /-...-' ,:.....['" [":E I For example we are researching the idea of a Fevolving i~ca'j F~jno. by-line the city's list of Occupational/Business Licenses f y the extrapolate the 15 businesses existing in HOB. Staff is ~cw In a Revolving Loan Fund for the entire CK/\ Oistri:t te. Sel 'etentier businesses and support new business development. \'Ie r,6d:. iee'"ie\.; entir ',PiC', [l:stri c e- r::-'o sit ::: Tj t ':j :::~e COrmI.el J d e,f 3 = CJ" c, xis t . The HOB plan is a component of the Downtown Master Plan ._"~ :an rrom DG atrach~ year action plan. I expect us to mail out a finalized arri ~opy of findinos week which should leave ample time tc meet. Enjoy your weekend, Lisa From: jreguez@aol.com [mailto:jreguez@aol.ccm] Sent: Friday, June 26, 2009 8:16 A~ To: Bright, Lisa Subject: Fwd: DMP Review our next meeting is fast approaching and i nave not hearc Da:k Best, the i":iess Jose -----Original Message----- From: jreguez@aol.com <jreguez@aol.ccm:' To: Bright, Lisa Sent: Fri Jun 19 19:53:27 2009 Subject: Re: DMP Review yes, I do. .but again.. I would like ror yc,u and staff tc cievelor: s 2 1St ~.,'e",s c.'" ; c] the minutes that were suppose to be presented at the last meeting. We ~re severa weeks past that deliverable. If we get the ideas down, it would then :cincide ,Ii tr: fundi: Cl ane' budget review. I will await those ideas, in hopes that VC,} v.JiJ have ;:nen L! ',.(r;- lex meeting for our review and discussicD. Best, Jose ----Original Message----- om: Bright, Lisa <BrightL@bbfl.us> "0: jreguez@aol.com Cc: Taylor, Jerry <TaylorJ@bbfl.us>; Hay, Woodrow <HayW@bbfl.us>; Ross, Marlene <RossM@bbfl.us>; Weiland, Ronald <WeilandR@bbfl.us> Sent: Fri, Jun 19, 2009 10:51 am Subject: FW: DMP Review based upon the minutes from 6-09-09 (see attached or, "It was noted the Downtown Master Plan would not be shelved and staff would bring back ideas at the next meeting.") we are kicking around ED plan (adopted 12/08) implementation ideas to brin g forward budget based recommendations to the board. Final CRA budget numbers will not be available until after August 2nd and in time for the Board's August budget workshop. If you want to meet prior to the July 14th Board, let me know. Lisa From: Bright, Lisa Sent: Friday, June 12, 2009 1:20 PM To: jreguez@aol.com Cc: Taylor, Jerry; Hay, Woodrow; Ross, Marlene; Weiland, Ronald Subject: RE: DMP Review Will do. From: jreguez@aol.com [mailto:jreguez@aol.com <mailto:jreguez@aol.com?> ] Sent: Thursday, June 11, 2009 9:25 PM To: Bright, Lisa Subject: Re: DMP Review based on the minutes i read at the end of the meeting, please let me know when you will have those ideas and then we can set a date to discuss Best, Jose -----Original Message----- From: Bright, Lisa <BrightL@bbfl.us> To: jreguez@aol.com Sent: Wed, 10 Jun 2009 10:33 am Subject: DMP Review Good morning Jose, Please send me three times/dates that work for you on getting together. Lisa Bright OA Executive Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach, FL 33435 561-737-3256 '51-737-3258 (fax) ~rightl@bbfl.us <mailto:brightl@bbfl.us> 2 Meeting Minutes Community Redevelopment Agency Boarn Boynton Beach, Florida June 9, 200~! XVII. Comments by CRA Boare: IVlr. Rodriguez referenced a discussion In the !Vlay 12, 2009 minutes, under, "Nev Business," Item A. Comments had been received by the Community Committee relatin~ to property improvements. At the time, Mr. Rodriguez had inquired whether any of thE suggestions received by the Community Committee had been addressed in the master plan. As they had not, he suggested the proposals be applied to the downtown areo and cottage district. The minutes reflected the item would be brought back to the Board in order for the implementation aspects of the Downtown Master Plan to be expanded. It was noted the Downtown Master Plan would not be shelved and staff would bring back ideas at the next meeting. With regard to the proposed ordinance approved at the last Commission meeting creating a civilian CRA Board, Mr. Weiland requested the Commissioners on the prevailing side consider delaying the process at least until the budget cycle had been completed. In addition to the budget, there were a number of serious issues facing the current CRA Board, and Mr. Weiland did not feel it was the appropriate time for a new board to assume the responsibilities of the current eRA Board, Mr. Hay believed the points expressed by Mr. Weiland were valid and as such, he had no objection to establishing a reasonable and acceptable timeline for a smooth transition of the CRA Agency Board. In response to her inquiry, Ms. Ross was advised the July 4th celebration would be similar to last year's celebration at the Intracoastal Park building. Ms. Biscuit; noted the event would be sponsored by the Town of Ocean Ridge. XVIII. Adjournment There being no further business to discuss, the meeting properly adjourned at 8:49 p.m. ;.~ [1L-__ c...~{. (j.J"..... .' ,l Stephanie D. Kahn Recording Secretary 060909 16 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 fOlWard. 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 concern 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. It was agreed the item would be put on a future agenda. 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 Iv'ieeting HrnU[~;: Regular 01V Comm1ssIon Boynton Beatl" l L H~~0_~a!y ~~.. _~ 0Q~. f\1ayor 1 aVlor and IVIr. Bressner noted the event had been held on C.orl9reSS I-\Venue rn IOU.I , 2002 and was not successful. Congress Avenue was very busv, traffjc had been at a standstill and parking was not available. Commissioner Ross questioned whether the timing was currently more favorable, f\lll, Bressnc suggested staff could conduct an analysis and present it to the Commission or CR~\ If authorii:e( 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 Eo Other: None 14 Meeting Minutes Regular City Commission Boynton Beachp Fl January 20, 2009 XI. NEW BUSINESS: A. Review and consideration of approva~ of Auburn Master Development Agreement. (Proposed Resolution No. R09-0l8) (This item was previously tabled.) S, 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. ",otion 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 S, 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 .JanusI)' 6, 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 5, 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 lv1eeting !ifllnutes Regular City Commlsslci Boynton Beach, F ianUi'!i ,Ii' the City Commission, Jt tncorporales b document referred to as the LJowntowl\ 1\'1aSm ' and elements of that particular P1an. The Community Redevelopment Agenc'.i he>Cici process, but only the Citv Commlssion can amend the Plan itself. Vice l"'iayor Rodriguez understood the policing had been in effect for over a /i,ilCl! flE- Cherof indicated the Plan was now catching up with the agreements between the Crw and thE Community Redevelopment Agency, The Plan itself was not binding on either port' Motion Vice Chair Rodriguez moved to approve Item XII.B,l, Commissioner Ross seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5~O, 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 TAB 2 T:\ADMINISTRA TIVE\Templates\Tab Pages.doc ~ { ~,' ~ "~'" .'..~';1 '?M '~'~- ~ ~. <~. i"~"5.j '-:\;-'1 :,.~~~~t MASTER PLAN CONTEXT Thl rolo~ section Idlntlne. key redevel- opment opportunlU.. W1lh1n thl greater eRA study.",.. The primary focus at.. exlendslo thl norlIilm cenellncluding thl Martin Luther I<InO IIoultrYllnl_ end eonUnue. south to Include Ocean A_ue. Oce... Avenue wil serve II . impoflant Unk 10 thl marin. and a lulure c:ivIe ,,"",plIS. MostlmportanUy. lINe cenl<< for lhe City or Boynton Blach Is planned ror thl are. or Oceen AvenuI between Fede"" HIghw8y Ind SeaaestAvenuI. u I I I . i \ J TAB 3 T:IADMINISTRA TIVEITemplateslTab Pages. doc The City of Boynton Beacl City Clerk's Otn 100 E BOYNTON BEACh j BOYNTON BEACH F'l (561) 742.tH: FAX: (561) 74:2 (I: e-mail: prainitoj@ei,bovnt(,i'. 'w"Cl www.boynton-hea(.Ii CITY COMMISSION & COMMUNITY REDEVELOPMENT AGENCY WORKSHOP TUESDAY, APRIL 29,2003 6:30 PM - LIBRARY PROGRAM ROOM AGENDA 1. Introductions (5 minutes - all times below are approximates to guide length of meeting) 2. Why are we doing this? (i.e. Redevelopment as an economic necessity) (15 Minutes by Quintus Greene) 3. The Issues Facing the City in the Core CBD Area a. Overview of Pending Projects by Staff - Project Elements and Design (10 Minutes by Doug Hutchinson) b. Infrastructure Issues in CBD Area (10 Minutes by Kurt Bressner) c. Mixed-Use Zoning - Why does it work? (10 Minutes by Dick Hudson) d. Overview of the CRA Incentive Program (15 Minutes by Doug Hutchinson) e. Should new development help pay for impacts (Police, Firej TrafficjTransportation, Cultural, Parking)? (15 Minutes by Kurt Bressner) f. Should a Downtown Development Authority Be Explored? (15 Minutes by Quintus Greene) 4. The Role of the City and the CRA in the Heart of Boynton (15 Minutes by Wilfred Hawkins) 5. Membership in the CRA - What are the Statutory Qualifications to Serve? Can a local community require additional qualifications? (15 Minutes by Jim Cherof) 6. Is the Federal Highway Plan Working the Way it Should? (15 Minutes by Quintus Greene) 7. Adjournment ,4 mprirn ' \' (;nfpwnll fn fhp (Tulf<tfreml1 MINUTES OF THE JOINT CITY COMMISSION AND COMMUNITY REDEVELOPMENT AGENCY WORKSHOP MEE11NG HELD IN THE LIBRARY PROGRAM ROOM ON ruESDAY, APRIL 29,2003 AT 6:30 P.M. PRESENT City Commission Mike Ferguson, Vice Mayor Ron Weiland, Commissioner Mack McCray, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager Wilfred Hawkins, Asst. City Manager James Cherof, City Attorney Janet Prainito, City Clerk Quintus Greene, Development Director Absent Gerald Broening, Mayor CommunItY RedeveloDment Aaency Larry Rnkelstein, Chairman Jeanne Heavilin, Vice Chair Jose Aguila AI DeMarco Don Fenton Michelle Hoyland Henderson lillman Doug Hutchinson, CRA Director Lindsey Payne, Asst. City Attorney 1. Introductions (S minutes - all times below are approximates to gUide length of meeting) In Mayor Broening's absence, Vice Mayor Ferguson called the workshop to order at 6:30 p.m. All present at the table introduced themselves. 2. Why are we doing this? (i.e. Redevelopment as an economic necessity) - (15 Minutes by Quintus Greene) Mr. Greene distributed two handouts titled, "Selected Economic Comparison" and "Principal Taxpayers". Mr. Greene said these two handouts explain why we are doing this. As of the ~ 2002 Atlas of Boynton Beach, the #1 and #2 principal taxpayers in the City were Boynton JCP Associates (Boynton Beach Mall) and Motorola. The next three principal taxpayers were rental apartment complexes. Motorola is no longer in the Oty of Boynton Beach. Therefore, redevelopment is necessary for the economic viability of the cty. The City of Boynton Beach is the third largest municipality in Palm Beach County. The "Selected Economic Comparison" handout compares Boynton Beach, Dekay Beach, Boca Raton and West Palm Beach. Boynton Beach has a population of 62,847 compared to 61,627 in Delray Beach. These two cities are almost identical in population. However, when comparing median household incomes, Boynton Beach ranks lower at $39,845 than Delray at $43,371. Boynton Beach ranks hIgher In median household income than West Palm Beach at $36,774. In Boca Raton, the median household Income is $60,248. 1 MEmNG MINUTES JOINT CITY COMMISSION/CRA WORKSHOP BOYNTON BEACH, FLORIDA APRIL 29, 200:; Mr. Greene detailed the following information pointing out that the tax rate In the City of Boynton Beach is twice that of Boca Raton and slightly lower than Delray Beach and West Paint Beach. However, the City of Boynton Beach General Fund Expenditure per person is much lower than those of any of the municipalities used in the comparison. The City of Boynton Beach provides superior programs for its citizens and this information is proof that we are doing a great deal for our citizens with a lot less money. Municipality Taxable Property Property General Fund General Fund I Value ($) Tax Rate Budget Expenditures per person J Boynton Beach 2 901 352,510 7.995 48,813,915 777 Delray Beach 4,167,822,706 8.0000 65,853,020 1,069 I I '~--I Boca Raton 11,669,541,416 3.5385 94,898,700 1,256 I I West Palm Beach 6 069,796,520 8.5421 118 912,358 1,380 I "q-_.~ "-_.~ The purpose of this redevelopment is to compensate for the loss of one of the City's major taxpayers. Our property tax values are meager compared to other cities and this redevelopment is our attempt to enhance property values within this City. Our choices are to expand our tax base, raise property taxes or reduce services to our citizens, Mr. Greene explained that in another community in which he worked, a consultant analyzed the cost of services to citizens and determined that a Single-family property would have to be valued at $150,000 in order to pay enough taxes for the services required. In Boynton Beach, there is a significant amount of property that pays little or no taxes. Given that reality, we must do other things to compensate for that loss of tax dollars. Commissioner McKoy requested that he be provided with a breakdown of the properties that are paying little or no property taxes. 3. The Issues Facing the City in the Core CBD Area a. Overview of Pending Projects by Staff - Projec.t Elements and Design (10 Minutes by Doug Hutchinson) Doug Hutchinson distributed copies of two documents. One of the documents was titled, "Community Redevelopment Agency - Central Business District Development Briefing" and the second document was a memo from Mr. Hutchinson to the CRA Board dated April 26, 2003 regarding Downtown Development Analysis. Mr. Hutchinson reported that the CBD Development Briefing booklet contained details regarding the proposed projects, signage and maps. A similar document will be developed for the Heart of Boynton area. Mr. Hutchinson explained that the Central Business District Is 82 acres in size. Parks, churches, BellSouth or previously redeveloped projects encompass apprOximately 41 acres of the CBD. That leaves only one-half of the total acres available for redevelopment. Approximately 7% of 2 MEEnNG MINUTES JOINT CITY COMMISSION/CRA WORKSHOP BOYNTON BEACH, FLORIDA APRIL 29, 2003 the redevelopment capability in the downtown will be buildings that will be above 100'. Th!~ amounts to approximately three acres with densities of over 100'. The entire eRA has 1,650 acres. Therefore, only 2% of the entire CRA would have building heights of 100' or above, ...4- This change to higher densities will affect only this one area and will result in ~OO.OOO,ooq. in.. ~ assessed tax value. In addition, this new density would generate 15% of the new tax base for the entire community. Mr. Hutchinson is confident that because the new proposed core area would generate 15% of the new tax base, the enclave neighborhoods would become sought- after places to live. b. Infrastructure Issues in CBD Area (10 Minutes by Kurt Bressner) Mr. Bressner advised that even before any interest was expressed to redevelop the downtown, Utilities was working on upgrades. With regard to sanitary sewer, Mr. Bressner advised that Master Lift Station 356 is the City's largest Lift Station located at the end of Boynton Beach Boulevard. This Lift Station services the area that is bounded on the north by the C-16 Canal, on the south by Gulfstream Boulevard, 1- 95 on the west and the Intracoastal on the east. Utilities determined that upgrades were needed and the study is almost 50% complete at this time. With respect to potable water, staff has heard from South Florida Water Management District and we are confident that our permit will soon be issued to go from 16 million gallons per day to 22 million gallons per day. We do not have the permit yet, but SFWMD is satisfied with the data and will forward their positive recommendation to the Board of Directors on May 12th. The pipe size in the core area is fine at 24". The big issue was pumping capadty, but that was addressed through work with SFWMD. With regard to stormwater, Mr. Bressner reminded everyone that the City acquired property and built Pond "B" (Mangrove Walk at the Marina). There is approximately 40% capacity left in Pond "B". It will be necessary to watch the runoff rates as development proceeds because that remaining capadty could be consumed very quickly. Commissioner Weiland recalled that another pond that would be located south of Ocean Avenue and east of the railroad tracks was under consideration about four years ago. He questioned whether that area was still being considered. Mr. Bressner was of the opinion that this property was still under consideration. Vice Mayor Ferguson questioned whether the developers would pay for the infrastructure improvements. Mr. Bressner responded affirmatively and explained that they pay for water and sewer as It crosses their property. He added that he would not oppose a recapture agreement whereby the developers would front the money for installation of larger pipIng and then as a facility is utilized, they would pay the difference of going from a 12" line to a 24" line. Commissioner McCray requested that the public be kept Informed of the fact that the City of Boynton Beach has enough water for these new projects. 3 MEE"TING MINUTES JOINT CITY COMMISSION/eRA WORKSHOP BOYNTON BEACH, FLORIDA APRIL 29, 2003 Mr. Hutchinson added that an engineering firm is currently performing a study for the proposed projects and we are beginning to get a better feel for capacity and desi9r, c. Mixed-Use ZOning - Why does it work? (10 Minutes by Dick Hudson) Dick Hudson, Senior Planner, offered the history of taxpayer blocks and zoning. He explained that after World War II, Americans had a dream of a home in the suburbs. As these areas grew, commercial and residential uses became separated. Population spread over a greater area and opportunities for mass transit were lost. Shopping malls developed gradually and all but eliminated small downtowns where people used to shop. In 1996, it became obvious that the push to the west was not only destroying the Everglades, but it was also clearing out the cities' coastal areas. Eastward Ho! was organized as a means to start reusing these areas and to encourage redevelopment. The last census told us that the family unit is changing. Many families no longer want large homes in the suburbs. There is a renewed interest in urban living with shopping within walking distance. Since we cannot rely on the residents from the suburbs to support the commercial development in the urban area, the challenge came in trying to create this type of living. One of the greatest obstacles has been zoning. After reviewing many models, we learned that the Zoning Code needed to be changed. The Mixed-Use zoning category provides what we are looking for. Staff is hopeful that this zoning change will help bring life back to the streets. There will be opportunities for dining, shopping and mass transit. In addition, adding office space above the commercial uses provides an opportunity for people to work in the downtown. The plan is not pelfect, but there will be opportunities to make minor adjustments. Staff is already aware of the fact that we would like additional setbacks as the buildings get taller. d. Overview of the eRA Incentive Program (15 Minutes by Doug Hutchinson) Mr. Hutchinson distributed a booklet titled, "Direct Incentive Programfl and explained that this program has the most impact on large-scale projects. The eRA wanted a program so that when the developers look to us for assistance, we can offer information on the amount of assistance we can provide. This program is performance based so that the developers must perform in order to get an incentive. The purpose of this program is to put tax base on the tax rolls. This is a short-term program. Mr. Hutchinson said that one thing that was investigated was the project cost for infrastructure upfront. Fifty percent is the maximum that could be awarded, but the developer would get more in the early years and less in the later years of the project. Many of the very costly items come up at the front end of a project. The Board will also look at a guarantee of bonds for infrastructure. Because we want the projects to pay this cost, the developers will be on the line first. This is one aspect that is in the idea stage at present. This program will be reviewed on a case-by-case basis and the scoring system is included in the booklet. The good news is that there are mechanisms available for developers to come in and the cost of utilities can be fronted. Staff would forward the scores to the Board. The Board's decision would be final. The Board would be happy to pass that notification to the Commission, The incentive funds that will be provided are from the TIF income, 4 MErnNG MINUTES JOINT CITY COMMISSION/eRA WORKSHOP BOYNTON BEACH, FLORIDA APRIL 29, 2003 Vice Mayor Ferguson questioned whether or not a limit is recommended on the front load. Mr. Hutchinson responded affirmatively and explained that this percentage would also depend on the developer. This would be for benchmark projects. Commissioner McKoy asked if the incentives mirror anything in Jacksonville. Mr. Hutchinson said 34 CRAs throughout Florida were reviewed. This program is a hybrid. The Florida Redevelopment Agency (FRA) is looking at this as a pilot program because we would require an impact study. e. Should new development help pay for impacts (Police, Fire, Traffic/Transportation, Cultural, Parking)? (15 Minutes by Kurt Bressner) Mr. Bressner said the answer to the question is yes; however, the real question is, "how"? There are elements in place for developers to pay for some of the items. The City of Boynton Beach has a fire assessment and for the next four years, they will pay for fire enhancements. In the Year 2001 calculations, we did not anticipate the redevelopment. There will be a lower cost to other commercial and residential in the community because of that redevelopment. When the original discussions of the fire assessment took place, we were aiming toward four fire stations. We may now have to talk about 4.5 fire stations. This new half fire station would be a presence in the downtown that would also provide an ALS engine. Staff is still sorting this out and will provide information as it becomes available. Under the County's traffic regulations, new residential construction is exempt from the traffic impact program. The residential does not have to be counted in terms of accounting for trips east of 1-95. However, that does not solve the problem of traffic flow. This raises the possibility of establishing a traffic system that provides revenues from overall traffic impact fees paid Countywide. We must be able to prove that we can handle alternatives to the car, and that may indude a trolley system. Mr. Bressner recalled that the CRA took a small step last year by charging $1,000 per parking space. It may be necessary to modify that fee to pick up the pace to cover the cost of parking. Deck parking is $13,000 to $15,000 per space in Florida. Staff will look at the impact of the multiplier. In the Central Business District, cash in Heu of parldng makes sense. With regard to cultural activities, Mr. Bressner explained that part of the cultural actMties Issue Is taken care of through Parks. We modified the Impact donation and what we need to calculate is an estimate of the new fee schedule based on the units coming in. We will have to get creative and look to sponsorships and developers stepping forward to respond to this challenge. The Police issue will be the toughest Issue to handle. When you look at the overall tax rate from the CRA, you must remember that we are working off dollars from 20 years ago. We might have to say that we will be able to provide basic service based on the 1983 figure. If enhanced security services are desired, the development community must step up to the plate and cover the costs to meet those additional services. 5 MEEnNG MINUTES JOINT CITY COMMISSION/CRA WORKSHm BOYNTON BEACH, FLORIDA APRIL 29, 2002 When Commissioner Weiland asked for examples of other communities that are doing this, MI Bressner said this was done in Fort Worth, Texas and New Boston, Texas. Mr. Hutchinson added that this is a good sales item. Developers feel this is a visible asset ana it is an expenditure that is met with open arms. Mr. Finkelstein acknowledged that all new developments pay impact fees. He questioned how the City shares in those fees. Mr. Bressner advised that new developments pay the fire assessment, the City's park fee and the County transportation fees. No other fees are charged. Mr. lillman pointed out that once you place a premium on a service, there must be a guarantee of service. He questioned whether Police would be pulled from other locations to cover the premium service. Mr. Bressner responded negatively because this would be a disservice to the remainder of the community. In response to Commissioner Weiland, Mr. Bressner said that in a bona fide emergency, he would probably pull Police from the premium assignment to cover that situation. Ms. Hoyland said that all estimates that she has obtained for the cost of a surface parking space indicate $6,000 to $8,000. She also explained that she was not in favor of the parking fee structure that was adopted and believes it needs an overhaul very quickly. Mr. Greene reminded those present that the City looked at the fee in lieu of parking as an incentive. He agreed that this fee needs review again. Mr. Tillman recommended that the City and the CRA share the parking fee since the CRA bears the brunt of the parking issue. f. Should a Downtown Development Authority Be Explored? (15 Minutes by Quintus Greene) Mr. Greene distributed a handout. He spoke about his experience in another city wherein an organization known as Downtown Arlington, Inc. was established. This was a downtown finance district. As we move forward and the downtown begins to develop, we need a marketing and management organization. Two questions arise: 1) Should it be the CRA; or 2) Should it be a separate organization? The CRA Is a llF District. As we evolve, we will need a Downtown Development Authority. A model that others have adopted is the one that exists in Fort Worth, Texas. Theirs is a SOl(c) 3 organization that is tax exempt. The TIF is also a sub-function of Downtown Fort Worth, Inc. It was incorporated in 1981. One of its most important functions is its responsibility for the maintenance activities in the downtown area. They have a six-man crew that is responsible for cleaning and sweeping the sidewalks and streets. You do not see trash in their downtown. A firm maintains the landscaping. In addition, the organization is responsible for festivals. They use mounted Police patrols. Downtown Fort Worth, Inc. buys the horse feed and pays for the vet services for the horses. They pay for the security 6 MEEnNG MINUTES JOINT CITY COMMISSION/CRA WORKSHOP BOYNTON BEACH, FLORtDA APRIL 29, 2003 enhancements and approve all banners for the area. They are working on a commuter train so that people will be able to travel from downtown to the airport. They would fund part of this service. Mr. Greene advised that this model has been working well for the past 20 years. Mr. Aguila questioned whether Mr. Greene was advocating this type of activity in the entire CRA or just the downtown. Mr. Greene said he would recommend concentrating this effort in the downtown area. If we are going to have a good thing, then we must maintain It and market it proper/yo We have an opportunity to learn from mistakes others have made. Mr. Hutchinson concurred that there is one other area that would have density and that would be the Heart of Boynton. In approximately seven to ten years, after the core projects are built, the boundaries could be adjusted and management districts could be established. Commissioner McCray asked how the downtown in Fort Worth compares to ours. He further questioned where the revenues would come from and whether or not the City would be responsible for the downtown. Mr. Hutchinson advised that the downtown in Fort Worth is a 140-block area. Ours is a very small downtown by comparison. The funding comes from llF and from the businesses within the district itself. The businesses would tax themselves to provide additional services. In response to Commissioner Weiland, Mr. Greene advised that this district is something that we would evolve to. We would have to look at the needs as development occurs and we will know it when we see it. A suggestion from Ms. Hoyland was to look at what other cities In our own community are doing In this regard. 4. The Role of the City and the CRA in the Heart of Boynton - (15 Minutes by Wilfred Hawkins) Mr. Hawkins reminded those present that the Heart of Boynton Is the original CRA that started in the early 19805. We expanded the CRA, but must still get back to why we have a eRA. One of the things that Mr. Greene recognized was that we did not update the CRA Comp Plan. We applied for a grant to come up with a master plan for the Heart of Boynton. We also looked at other areas in the CRA. The City Commission, by Ordinance, adopted the Plan. As the City began to look at the Ocean District, it was determined that the Heart of Boynton should be done In parallel with what was being done in downtown. The Heart of Boynton is the residential component along with commercial. We must show benefit to the original CRA. As the tax increment increases, we must reinvest In the area. Collaboration between the CRA and the City Is needed. The plans should be implemented parallel with each other. The Investment downtown win generate revenue to Invest in the Heart of Boynton. Public fadlities such as the Wilson Center need reinvestment. The benefits of the llF Investment must go back into public facilities. The City and CRA must work together to ensure the investments are split evenly. 7 MEEllNG MINUTES JOINT CITY COMMISSION/CRA WORKSHOP BOYNTON BEACH, FLORIDf APRIL 29, 2002 The City will make the initial investment and we are asking the CRA to work on the commercia side. As this moves along, the lines should be blurred. Land acquisition is very important ano we will look to the CRA to move forward with the acquisition plan. The core area that we speaJ, about at Martin Luther King, Jr. Boulevard and Seacrest is vital to the Heart of Boynton, TnE; success of the plan must be measured with the overall success of the CRA. This collaboration must be the end result. The City and the CRA cannot view themselves as separate. The parallel process must work. This will attain the goal of development, economic investment and improvement in quality of life. Commissioner McCray requested that Mr. Hawkins point out the original CRA on the map. In response to Commissioner McCray, Mr. Hawkins stated that no major development has taken place in that area in 23 years. Mr. lillman felt that the residential development in that area must cease because continuation of this construction will not eliminate the sub-standard development in the area. Mr. Greene explained that the Heart of Boynton is a project that is conceived on a number of levels. One component is property acquisition. That began in the Phase I area. However, the Plan also includes in-fill and rehabilitation projects. The bulk of the area is in-fill and rehab. The standard for platting lots has changed over time. It is no longer poSSible to plat a 40' lot in Boynton Beach, but that doesn't make those existing properties go away. Therefore, a decision had to be made about how to handle them. We have those kinds of lots in the Heart of Boynton and on the east side of Federal Highway. This is a problem we are wrestling with. We recognize that these lots are sub-standard, but what should we do to encourage development? In addition, the City is aware that speculation is occurring in this area. The property is zoned residential - not mixed use. The reuse potential is only for residential and that is how the property will be appraised. If we rezone now, we will pay a great deal more money later on for property acquisition, s. Membership in the CRA - What are the Statutory Qualifications to Serve? Can a local community require additional qualifications? (15 Minutes by Jim Cherof) Jim Cherof, City Attorney, explained that Florida State Statute sets out the qualifications for membership on the CRA. Those qualifications include residence within the City or business ownership within the Oty. Neither the City Commission nor the eRA may add qualifications. Mr. Cherof explained that the City Commission is not prohibited from appointing a real estate agent, or attorney, or doctor, or anyone else, but they may not adopt an Ordinance that sets out those standards. Ms. Hoyland felt that the current CRA Board was unique because of its makeup. The City Commission did a wonderful job of organizing the CRA Board and she would like to see that dynamic continue in the future. She asked if it would be appropriate for the eRA to forward a recommendation to the City Commission to consider appointing people to the Board who possess qualifications similar to those of the current members. Attorney Cherof advised that 8 MEEnNG MINUTES JOINT CITY COMMISSION/CRA WORKSHOP BOYNTON BEACH, FLORIDA APRIL 29, 2003 the Board could make that recommendation to the City Commission, but it would be only a suggestion. 6. Is the Federal Highway Plan WOrking the way it should? (IS Minutes by Quintus Greene) The City Commission charged staff with the task of doing a corridor study. The recommendations were sound and what has come out of it is the mixed-use zoning. The areas were appropriate and we can see by the interest expressed that it has done what we wanted it to do. 7. Adjournment With no further business to discuss, the meeting properly adjourned at 8:35 p.m. .Lt " ATIEST: &,:,;L 'tn. p~ C Clerk Commissioner jmp April 30, 2003 S:\CC\WP\MINUTES\COMM\Year 2003\042903 - Joint Oty Commission-CRA Workshop.doc 9 rr AB 4 T:\,\DM INISTRATIVE\'[ elllplaleS\ Tab I'agcs,dol' Q[6A- ~e5~'~: \?: \;~e.s ---- POl~CY sr A TIEME~~T THE BOYNTON BEACH AS,SEMBl y~ COi\~M~TT!NG TO OUR FUTURE October 20 and 21, 2006 Hutchinson Island Marriott Beach Resort Hutchinson Island, Florida Sponsored by The City of Boynton Beach with financial assistance from The Palm Beach County Board of County Commissioners The Boynton Beach Community Redevelopment Agency Compson and Associates Coordinated by , The John scott Dailey Florid.a Institute of Government at Florida Atlantic University , " ,,; 777 Glades Road Bldg. 44, Room SO 277 Boca Raton, FL 33431 POLICY STATEMENT THE BOYNTON BEACH ASSEMBL y~ COMMITTING TO OUR FUTURE At the close of their discussion, the participants of this assembly reviewed and adopted as a group the following statement. The statement represents general agreement. However, no one was asked to sign it Furthermore, It should not . be assumed that every participant subscribes to every recommendation. I. INTRODUCTION A. This report is from the Boynton Beach Assembly: Committing to Our Future, which was held at Hutchinson Island on October 20-21, 2006 Approximately 70 people participated. The assembly's purpose was to establish a shared vision for the future of Boynton Beach and policy recommendations for moving the City toward that goal. B. Impetus for the assembly caine from the City Commission. financial support was provided by the City Commission, the Palm Beach County Board of County Commissioners, the Boynton Beach Community Redevelopment Agency, and Compson and Associates. C. The assembly was planned by a Steering Committee of nine members with diverse backgrounds and interests. The Steering Committee identified the interests to be invited, selected the groups and individuals to represent those interests, wrote the questions to be addressed, and reviewed the assembly background paper The assembly was facilitated by the John Scott Dailey Florida Institute of Government ai Florida Atlantic University. D. The Steering Committee selected assembly participants to reflect many aspects of Boynton Beach, including geography, business, government, civic groups, religion, minorities, retirees, youth, the environment, education, and others. The questions addressed at the assembly included community relations Blld governance; economic developmEmt and neighborhood revitalization; infrastructure; educ8!tion and community services; and procedures for follow-up and implementation. E. An earlier assembly in 1996, Boynton Visioh 20/20, laid the foundation for the present discussion. Vision 20/20 led to many positive initiatives and achievements. Among other accomplishments, a Community Redevelopment Agency was established; voters adopted term limits for City Commissioners; neighborhood assocf~tions were formed or reinvigorated; more mixed-use development Was e'ncouraged; and police, fire protection, youth programs, and neighborhood services were enhanced. F. the Boynton Beach Assembly: Committing to Our Future reflects the ongoing efforts of Boynton's political Eind community leaders to maintain and enhaJice the City's quality of life. The citizenry is commilied to sustained involvement in City politics, planning, and action. II. COMMUNITY RELA TI,ONS/GOVERNANCE A. Boyntoh Beach has the potential to become a true gem of Palm Beach County, but to do so the citizenry and its leaders must foster a sense of community and common purpose, unite on critical issues, and marshal their resources to take . advanf~ge of the City's strengths and address its weaknesses. 2 B. The City would like to overcome any perceived divisions: geographice,p economically, age-wise, and ethnically and rada/ly. C. To a degree, such divisiolls al'e inevitable rn a large, diverse. South Floridn c1tv r l. in Boynton Beach they are exacerbated by the fact that single-member districts I:' City Commissioners may foster parochialism among Commissioners and citizens alike. City Commissioners try to represent the whole City, but they are inevitably focused on the districts from which they are elected. Their constituents often tend to follow suit because, for good reasons, citizens are encouraged to take their issues to the commissioner from their district. D. To promote a sense of community and common purpoSe, the Assembly participants recommend that the following be explored, 1. Consider changing the system of governance. Single-member districts are important for minority representation, and they should be retained. Commissioners need to be more responsive to ail areas of the City, not only to their respective districts: 2. Encourage the most qualified individuals to seek election to the Commission, and allow the Commissioners to devote the time necessary to properly carry out their duties, by raising the salaries of the Commissioners and Mayor. 3. Create spaces, events, and forums for collaboration and interaction. a. Boynton Beach is a "city of varied cultures," Continue to hold and (..:Y ~G~/ O~ expand upon events that celebrate this diversity. -I :1 . G\~ b. Boynton Beach has competing centers scattered around the City. The ~~ City should identify. and promote particular areas as the Gity-cent~r, the i' cultural center, and so on. c. Establish a booster club for Boynton Beach High School. ~'< )1-7 d. Hold a signatu re event that highlights the City's characler and .-/ ~ \;. ~~ ~ successes. ~ . ,./ 4. Take the CitY tOZ:u"ity. Encourage Commissioners and other City tIP J- officials toatt~ community meetings to infurm citizens of City goals and ~~!(#,;:, other nyW< ~ 5. Promote coh~sion wijhin the c~ govem",~nt. . ~ -\ ~ . ,'/ a. Hold sem~annual goal-setllng and bramslonTIlng sesslons:~\{'( ~ b. Establish cleaf goats and qbjectives for advisory boards, and hold them accountable. ",:!",... ;c.' Establish a training progtam for advisory board members to give them a ~' ./. 'l) \07 city..:wide perspective. -" Y 6. Augli1~nt the City's public information activities. a. Publish information about City decision~making processes. b. Establish a central call center to notify citizens of upcoming meetings, openings on advisory boards; etc. c. Convey'information through faith-based institutions. d. Publicize, translate:, and broaden the distribution of the City Services Guide. , _'J ,:.i 4 III, ECONOMIC DEVELOPMENT/NEIGHBORHOOD REVITALIZATION ^" ,~o The City must continue to attract 8 ITlI'; n, r:,f! vafue industrial, commercial, and residential development that wW strencnnECii I~, 18)( base 2nd generate good Jobs for residents without adversely affecting tile neighborhoods and communitv character. B. Based on former successes, the Crty should continue to 1. FocUs on distinct geographical areas and community assets; 2. Be persistent; and 3. Coordinate or partner with private developers, C. Economic development activities within the City administration should be elevated cnd reorganized, as foilows: t>) ~ \r.;') F ~~ ~e an Economic D elopment Director and staff and develop an economic \tl., ' ), l\.7~\ ;J"'S" ~?'I 2. developm; rogram .' .. tor Consider seeking cost-sharing for this office from outside entitieQd(,~ ~$)~) $' , 3. Assign this office responsibility for' ~~ Identifying the types of businesses and industries that Boynton should k"\ '>: , " \) try to attract. " vb. Bteaking the City into zones or quadrants, and tailoring economic development strategies to each zone, .h~ Working with the Business Development Board of Palm Beach County the eRA, and others to identify and/or deve,op incentives for businesses \ ! \f " ) ,-" to locate in Boynton Beach /! I \ \ ~ Developing incentives and support services to help businesses stay in ~. Boynton Beach, Encouraging the developmen~ of and serving as liaison with multiplE merchant associations throughout the City. D. The City's political and administrative leadership should' identify and take advantage ~~ of key land us~s. anp other Qs.sets. ~onSIde.ration S~OUld be given to: f~ 1. ,",servmg and marketing the mdustfJalland m the Boynton Beach, ~.. ~. / . L leeVerag~ng the val,ue of the 600 feet of waterfront property to include revenue- . ):- cff'Q ~ rnerabng boat shps In Intracoastal. Park. ~~ \ ~/ I. Creating an attraction to draw consumers to the downtown. /' ty ~ 'f7E. While focusing on particular assets and targetsof opportunity. the Cliyshould take '" steps to improve the community's overall appearance and safety. ~ 1. To promote safety, ~ Improve, infrastructure and expand street lighting to all intersections, hazardous locations, and to high crime areas identified by the Police Department. . . .' ~/ ..6."Encouroge community involvement in neighborhood refurbishment to GQ;~,I"' Piomote communliy pride. ~ ib ~eveloP a tactical plan to focus and coordinate police and code' / ... . ..~;fr' . e~forcemeht on ~ocations an~ bU~ine.ss. es .t.hat at1.ract .or contribute to CJ5!- ~- cnme. These cnme nodes might mClude rlquor stores, abandoned V · tu properties, etc. ~lrY ~. 6 2. To lrlloroV8 appearance: rPS{\{)~ / /- 0 ~7fjJ HY1OiC1Ve 2nd maintain the City's streetscapes. I. obb\l ('1')8 "JOUill" : assurne responsibility for funding streetscapjng of all 01 itie Gcumy roads in Hie CiTY. ~~) Encourage outside agencies and corporations (FPL, Bell Soutt'!, Palm Tran, etc.) to complete repairs and clean up their debris. ~ c. 7'ove bus stops. ~ P~e more trash containers. ~ontinue providing grants for homeowners to improve their property. Anforce cleanup of construction sites. F. Affordable housing is important to economic development, but the high cost of housing is a nationwide problem. While recognizing that there are limits to what '><p:.51 ~ \~if Boynton Beach can do to reduce housing costs locally, the City should: ~evelop and present available options to increase the availability of 70rdable housing in Boynton Beach; /'Offer incentives to developers for building affordable housing; and ~ordinate with state and county affordable~housjng agencies. IV. INFRASTRUCTURE A. Boynton Beach, like many other older municipalities in South Florida, faces a dual challenge: repairing or replacing aging infrastructure that is decaying, outdated, or inadequate to keep up with the demands of a growing population and providing services and facilities for new residential and commercial development Planning efforts, funding, and hurnen resources must be carefully balanced if the City is to sucGE;ed on both frohts. Inform the public that the City's infrastructure is aging and i' significant investments will soon be needed, B. Water. In general, Boynton Beach is doing a very good Job in deaHng with water issues. The City is addressing potable water demgnds to assure that the City.has adequate supplies through 2025. However, the City does face two issues involving wastewater treatment and disposai that must eventually be resolved. 1. Boynton Beach will eventually oe prohibited from pumping Wastewater offshore at the present location. Boynton Beach and Delray Beach must work together to find alternatives to ocean outfall from the communities' wastewater treatment plant. The two cities' wastewater will ~ither have to be pumped further out from shore, injected rnto deep wells, reused, or a combination thereof. All options will be expensive~ 2. The South Florida Water Management Oistrict, as part of the City's water consumptive use permit, is calling on Boynton Beach to increase wastewater reuse for irrigation. This requirement is not !Jnique to Boynton Beach. The main exp<:;nse here is for the pipes to dfstribute the recycled water and to provide storage facilities for the recycled water until it can be used for non- potable purposes. C. Roads: The majority of roads leading into and within the limIts of Boynton Beach fall under the jurisdiction of the State of Florida and Palm Beach County. The City's Division of Roads and streets i_s responsible for asphalt and concrete restoration, ,j 8 street sweeping, bridge restoration (irF! CluCllrilails, filling potholes, repairing 102\:' edges, and replacing street Sigf; 1 1, The City should hire an urban planner \vith expertise in transportation' /( parking, intermodal transfers, and the like. A person with these skills is needed to study and document transportation issues in Boynton Beach, and to negotiate with state agencies, the County, and other municipalities. 2. The City's plans should assure adequate capital funding for maintenance of pavements, sidewalks, streetlights, and landscaping. The streetscape Q/~. program needs to be expanded to support the economic-development requirements discussed above. 3. When City-maintained roads are reconstructed, community involvement should be solicited so that the work considers community needs and preferences. 4. Collector roads should be the priority. 5. The City should work with Palm Beach County to optimize traffic signal timing coordination. D. Public Transportation. Palm Tran, Tri-Rail, and other public transportation services are a valuable resource for those seeking an alternative to driving or who do not have access to an automobile. / 1. The City should encourage Palm Tran to consider adding an east-west ) ~ connection on Boynton Beach Boulevard from State Road 7 to the beaches. ~/ ;< 1:B~~ It could be partially self-supporting through fees from riders. /' 7 q i V /,onsideratiOn should be given to expanding the trolley system. which is " I~ /' ! currently supported by the eRA. The City should explore the possibi~!ty of I [ ) partnering with the eRA to expand the service. \:t. Expand the Shopper Hopper and publicize its connections. / 4. Establish a municipal parking authority and create parking facilities that.satisfy local parking demand and function as transportation hU,bs. v-J. x 5. Support a dedicated funding source for regional ftansit. E. Parks and Recreation. Well-maintained and conveniently located 'parks and recreational facilities make a significant contribution to the quality of life within a City. 1. The City does a very good Job of maintainins its existing parks and recreational facilities. The current advisory board is functioning well, and the staff are competent and proactive. 2, Community involvement can be encouraged by holding functions and public meetings in Boynton Beach parks. 3. The City should study the feasibility of a beach and parks assessment. j 4. Expand the greenway system and its connectivity. V. Educi:ltion and Community Services A. The quality of heal schools and other educationaJ facilities and services is an important consideration in where people choose to work and live. This means that schools have a major impact on economic development. 1. Cwnmunication between the City and the school district needs to be J improved. The City Commission should meet with the School Board of Palm 10 Beach County on a regular basis and make 112 IyrC1' it\' to work on improving the reputation, quality, and facilities of public scnools in Boynton Beach, Consideration should also be given to establishinq a City position to serve as a liaison between the City Commission and the Sellool Board of Palm Beach County. 2. All sectors of the community should re-evaluate their level of support of and commitment to the schools within the City. 3. The disparity between the enrollments of Boynton Beach High School and Park Vista High School will be addressed next year by adjusting school boundaries. The Boynton Beach community needs to start speaking out now about its interest in this decision. 4. The quality of translation services for children who speak English as a second language needs to be addressed. 5. Encourage the Greater Boynton Beach Chamber of Commerce increase its involvement in all grade levels in the City's schools. B. Informed involvement by parents and other stakeholders can spur improvements in school performance and student achievement. Moreover, the City, through its Office of Public Affairs, should include information about Boynton Beach schools in its community newsletter and other public communications. C. The City should increase recreational programs for children by: /1. Creating a Youth Center to draw children from the streets and involve them in constructive activities; 2. Trying to attract a Boys and Girls Club to Boynton Beach; and J! 3. Seeking funding for before- and. after-school care, camp programs, and programs for the handicapped. 4. The City Commission should create a task force with representation including but not limited to the City Commission, Police Department, Recreation and Parks, Youth and Education Advisory Board, the School Board of Palm.Beach County, a teacher, and the head of the Boynton Beach High School Student Government to study, evaluate, and implement procedures to reduce drop-out rates, crime, and delinquency. VI. FOLLOW-UP AND IMPLEMENTATION 1. J~o A. Progress in implementing the recommendations from thrs assembly should be /' monitored, and the findings should be reported to the participants at regular intervals. 1 f /" B. Within 60 days, the City Commission should draft an implementation plan that /' breaks out action steps;, assigns responsibilities to appropriate parttes' (including the ~'\)1\ appropriate advisory boards), and establishes reporting requirements and timeframes. c. The City Commission should establish an advisory committee to oversee the plan's implementation and prepare reports for distribution to the Commission and the !3ssembly partiCipants. ;! 12 THE BOyj,rvOh) BEACH ASSEMBLY: COMMITTING H"( I (II It:! i7 TIlE October 20 and 21, 2006 Hutchinson Island Marriott Beach Reso r HlJ!tchinson Island, Florida ATTENDEES Beverly Agee Member, Boynton Beach Bldg. Board of Adjustments and Appeals Cheryl Arflin Member, Arts Commission Advisory Board Matthew Barnes William Bingham Chief, Fire Rescue, City of Boynton Beach James Bogert Vice President, Palm Beach LeisureviJle Community Association Kurt Bressner City Manager, City of Boynton Beach Lisa Bright Executive Director, Boynton Beach CRA Buck Buchanan Greater Boynton Chamber of Commerce Angela Burlano Member, Arts Commission Advisory Board Nancy Chandler Systems Manager, School District of Palm Beach County/lNCA Lance Chaney Reverend, S1. John's Missionary Baptist Church Devon Coughlan Board President Elect Greater Boynton Chamber of Commerce Sander Cowen Hunter's Run Ele2lDOr Daly Registered Nurse AI DeMarco Realtor Ralph Diaz Real Estate & Mortgage Broker Bri~n Edwar~s Senior Vice President of Resource Development, United Way of Palm Beach County Bob Emler Commissioner. City of Boynton Beach Scarlett Fave Social Services Coordinator, Caridad Center Mike Ferguson Commissioner, City of Boynton Beach Larry Finkelstein President, Lamar Realty Corp. David Floering Eastern Auto Body and Glass ] .3 ChrisHalme Fr;ancois Vice President, The Greater Boynton Beach Sister Cities Committee, Inc. Reverend Randall Gill Minister, First Presbyterian Church Joe Green Founder and Principal Deltay-Boynton Academy Patti Hammer Member, Boynton Beach Recreation & Parks Board Dale Hatch Owner, Ace Hardware Reverend Woodrow IJay Minister, St. John Missionary Baptist Church Jeanne Heavilin Board Member, Boynton Beach eRA Robert Hill President, Bethesda Memorial Hospital Edward Hillery) Jr. Director of Public Safety, Town of Ocean Ridge Marie HOl"enburger Boare} Member, Boynton Beach CRA Ward BO'uston President, Boynton Beach Leisureville Community Association G. Matthew Immler Chief of Polite, City of BOYnton Beach Shirley Jaskiewkz Member, B:6Ynton Beach Planning a:I)d . "" Development Board Glenn JergeDiSel!l President, Greater Boynton Chamber of Commerce Robert KalJljian. School Board Member-Elect, District 4, School Board of Palm Beach County BarbaIia Katz President, Coalition of Boynton West Resldentiill Assn. David Katz F OImer City Commissioner Jayne :Kupperm.aD Community Relations Coordinator School District of Palm B~ach County James Kurtzman Treasurer, T~mple Beth Kodesh Larry LederhandleJr Treasurer, Local 189l Firefighters Union CariSse LeJeune Assistant to the City Manager, City of Boynton Beach Barbara Lentz President, Art Sea Living Frank Lindsay Vice President~ Board of Governors Colonial Club Condominium Association Jeffrey Livergood Director ofPubliQ Works and Engineering City of Boynton Beach Terry Lonergan President, Meadows 300 POA Carol Lundquist 14 Jack Lyncb Board President, Nautica HO,c Carl McKoy Vice Mayor, City of Boynion BeaL t Martha Meeks Light Geue Moore Attorney Roberto Moreno President, Citrus Glen HOA Dan Morrison Palm Beach LeisureviHe Comm. Assn. Steve Myott Board Member, Boynton Beach eRA StQrmet Norem Vice Chair, Boynton Beach CRA Suzanne Novita Quetel Osterval President, UTEL, Inc., Diane Pacheco Director, Development & Program Compliance; Palm Beach County Literacy Coalition Lena Rahming Center Director, Head StartJBoynton Child Care ,Jose Rodriguez ( 'oD1missioner Elect, City of Boynton lkach Barbara Rudd Vice President Jntovm Partners. LtC Midhael Rump! Director, Planning and Zoning, City of Boynton Beach Ebyne Russell Board Member. In 1l1e Pines, Ine Sister Lorraine Ryan Coordinator, Women's Circle, Inc., Gu~rn Sims Board Member, Boynton Beach eRA Jerry Taylor Mayor, City of Boynton Beach Henderson Tillman Board Member, Boynton Beach eRA Stephen Waldman ChaiT, Boynton BeClch Education and Youth Advlsory Board 15 THE BOYNTON BEACH ASSEMBLY: COMMITTING TO OUR FUTURE STEERING COMMITTEE /' Beverly Agee Board Member Boynton Beach Building Board of Adjustment and Appeals Lisa Bright Executive Director Boynton Beach Community Redevelopment Agency Larry Finkelstein President, Lamar Realty Corporation Patti Hammer Board Member Boynton Beach Recreation & Parks Board Form~r City Commissioner Shirley Jaskiewicz Board Member, Boynton Beach PUmning and DeVelopment Board, and City Commissioner, 1995 - 1999 Glenn Jergensen President/CEO Greater Boynton Beach Chamber of Commerce Former City Commissioner David Katz City Commissioner, 1993 - 1995 Dr. Martba Meeks Light Diane Pacheco Director, Development & Program Compliance Palm Beach County Literacy Coalition ,:J 16 TAB 5 T:\ADM IN ISTRATIV E\Ternplates\Tab l'agcHlm I 2007-2009: Recommendations & Ideas for Implementation · Purchase of the Women's Club - Historic Structure · Purchase of 211 Ocean Avenue - Historic Structure · Sponsoring Avenue of the Arts - Economic Development (ED) · PBC Dev. Regions Grant: Village Homeade Ice Cream - Small Bus. EO · Creation of Downtown Marketing Cooperative - ED & Sponsorship · City/CRA Special Events Interlocal Agreement - ED · Noise Ordinance and Sidewalk Cafe Permitting - Small Bus. ED · Mobile Vendors: Rufus Ribs - Small Bus. ED · Green Market at Ocean Plaza - Small Bus. ED · Expand Southern Trolley Route - ED · Recommend "Toter" trash bins N. Fed. Hwy/HOB - Slum & Blight · Purchase of Adult Entertainment & Liquor License - Slum & Blight · Request for Qualfication (RFQ) for Master Developer for Town Square Plan · RFQ for Economic Feasibility of Potential City Hall Relocation Sites · Purchase of Delray Boynton Academy - Small Bus. ED · Dive Shop Lease Reduction - Small Bus. ED · Competitive Marina Rates for Fishing & Diving Boats - Small Bus. ED · Renovate 310 NE 10TH Ave - Small Bus. ED · Brownfield Designation - ED · Tenant Improvements (Monnin Properties) - ED · Marina Redevelopment Plan · Economic Development Plan · CRA Boundary Amendment - TIF Revenue · Commercial Fa~ade Grants: Anne Marie Motel Eye of the Storm Ice Cream Marketing Innovations Scully's The Pantry First Financial Plaza Monnin Properties Ocean Avenue Apartments Palm Beach Eye Care C.E. Precision TAB 6 T:\ADM [N1STRA TlVE\Templates\Tab Pagcs,dm: I 93 act ion p I a n (:::;':7" ~~..,~ ...;......."....,.....;.""-J:i:...,<iilt"..'" , i ;1 j 11 j j f ,jJ I i J ':i l;fl :s :i :i u !uJ v u u , 'I I ~ c I,~ ~ la 0 ',5 ~ 15 , 1 :1]] 1 i ,} j a J I if !i If Ii! I ~ II : it II III. ' 11 i I ,J I illJ j J, !.~ :. I I, 8 0 l lJ J ~ ',' ,1 , " ci !,1 o;~ ~ ~ ~ " i,~ S S:i ,! \_ g!~ t~, ,;; ~ ~ ~ ~ " tl,-Ilf 11 '1 'j lili ~~ Hi Ii ,j Iii "Ill ] l!it!" '.. & I~ t r] ~p! :111 ;"lJ! 1 '!111' ',lt1l111i. t IIIIl ,UhH lal ,i 1114f):,ll,1 " h fH ' jl}Jll!l J !1 :t {I iti~llll 'j 1 J~il~:i j Hi~i ~I 'till IljlH Ilfll'tl'ljitH1t' :IHi:Hi iJ nUl J t, 1 ,1 (t i .. II -,.I 1, ~ ' 1f.t , .' I', " . II :1 il I il if it, I';, It it j t I II illl I! il~1 'j J IJ ~ 'J I I f I.qll ill f ill 'J f II t h lltili f f IIl'hn fiHlHU i i _I - II -N " " I I I I II , :< IA ~ li~? .. I. d; ~ 6 6 6 6 w:::I rei ... j Z :.! _ .l. I ::'::l ::,;:)::!:) 1- 1-1 :l :1. i I ! ! . I Z ' ~ li,~ ~ }- t ; J :l 11 l:l I~ ~ I i if ~ . t ~ _ z z it ~ j II if I l~ I u ; i J f .. ! 1 ~ ~ u u i -< <"'C: -< -< ti Itj U U t1 1 '1 1 ill ! 'I I I il I _ N OjJt"r ;:t."'~{ ".', "'''-.fH_ ~~r':l"'(,""'O''iV;.r~ ;':!t :..""""'..t"'t:'~1'~~'I,c-,,,~)ffi ..~ ;;:>'";:, '" fkl;.,~ ';lIT-1 " .. ~ _ -.. ~', ""t,,, f1fffti"'-'''*-~~ft ';~Air~ .... '~.,,"'Re-t"'f;'.it.iN t _ ~ < ,;' '-'=;';';J ,,~... >t'4~~ #i' v~ ,. - J\":": it~-", ~'l.:_~ ; tic<" ~~ "if W":tQ}N,G;;SQ~jlfc.u ~:(;_'l~i-Li: .t..~vt~~r"..{,...... -'~~.;"'_~"":>"''!\~',.:W'_;c-.' ~'r,,_"~'~ -----> -.-'. ._-~---- --- T-I ""'-.... UjognooIo. w...o....... UooIooIoIoo_...,........ ....._y.._ hIglIo, ..500,000 + loy_ 1_ CRA eRA Op.ttMiflg fvMs Y.. Y.. ~ -...r.r-......,..... ~ 1M ~..... ~y c-w... 'Ion end Ihe___. """"","*".wlrwlud._...d_.,lln.., _.'--_.'_._._--~ -.. oIooIoIuoI.........,.,......-,.. _...,......d.w....ik>. T-1 CrhUatNS'r..fC~ -PH.""'" -..-.-...,-................._._~.--'b.~ $320;000 DoyNon .~ch eRA eRA OpeulUAg fund" No Y.. I........~ -.g IIpolo,.NI,- roIop IoIaooIL Dcocon ~.............tlghw.y....~..priGtffy..MI{orr.c~d ~.:.-. T2 P..o.w-klft ConnedWity f'adnllian Dowlop.,-...~,....""IIlo--a_...Ih.'OO :125,000 !!-Dynlon U..och eRA. CR,l. Op.fGling hmds "0 '(PI! Pion .:IaInd l])1$Jn * "iMCWIuHd_ CMcC.I"fiIUMI, ~~D Jtedaalriu:o ~....---...........-.. .. - T-J ~T"""'I_- IlVfttttGtlc;P:;m E.,...._.. ___lit ....1Mt>>lro...l.lor 51Wy_ f..... $.ol50;OOO It'n 'Ye'"r 601n10fllJ.ncn Cr..... C~A o,M'Rtine fVrWl ND ,.. A~...neJI...t! fI ~.... 1'..,....1101> _-'CulIvnola!ld ClvieCo""...... ...~~:.~.."'!'P""I""_.- r", _'"""",0..1 Pdtkif\i C_"............i _.-_ 01_ HJohwoy...d I~ ~'.DOO,OOO GQynion ts.~h eRA hlrk~ R.y"n~tu, '.nr.,/ F.... N' 'I',,~ ~~"""""~~i~""~~_Iy, CIA -"~ - ---~_.." os", loti""" Hltl-r 0,..1'1 ~. CIMIa....--.._ "- ~\eolin I.oIMr KIoe _lOlho ,..-,.-1,00 lA,350,OOO Boymor!: .bHGh C_A CRA. TE^ ,.. Y.~ GrIlWt\lff.t)'/O,.n SpllGt dI_ W"'___"1dOIlIIIy ~"',lerpa<iot......~, .,~ ~....~...... ~)Ilaou.!antlho f....... Hlghwoy cOlfld." 05-2 ~~-- O~'5poo;. 1~~......In...C""c._~I, 6vynlon hac;h <?^ ~<:: "",A."__ Mol Ontol"O "oguHm'.... mml Mook.1Inr1 c..IIw.-,.......... ..,.nt~ wilh.attMtlion gfY.n lD ec.on A.,.nu. tmef f~l" &orn1vn a..h el/:,A, CItA O,er.1k'la fVMh N'WIy........ Uw\t"..... lIlQrina. M,'; DowntQwl\ PU)fnQIlOl\, ~.tl1rl:e1j"!1 C~ theM'I'Wfldar &. ....b.&...lnfOUMtlion I. ~JN. p~ of down4ow. 30,000 Qnllm/!h ~yn'ofl G...och cr ,\ CI:A Qp.mhng h,"d~ ,q'I9f'''' ~ iftadd\tionlo ,.gua.,,'OA ottMIl.~. Co ',) 1: '"-, ..e .::.. o .., '~ C!J DMP 5-vear Action Plan Activities: Economic Development: ED 1.) Land Development Assistance c Martin Luther King Corridor Acquisitions and/or Small Bus. ED () 4TH /5 TH Street Land Acquisitions f) Opportunity Buys ED 2.) Civic Campus Development Program Il 2008 Economic Analysis - Tabled by the CRA Board Il 2009 City Issued RFP/RFQ Potential Relocation of Existing City Hall ED 3.) TOD District Assembly G CRA owns the southeast corner of Federal Highway/Boynton Beach Boulevard ED 4.) Explore feasibility of establishing an Enterprise Zone (;, 2008 requested local representative Kevin McCarty assist with designation () 2009 Governor Crist has not opened any new Enterprise Zones in two years tl 2009 completing applications ED 5.) Establish a Brownfield Area/Site designation Program ., 2008 City Commission did not support with a 5 to 0 vote () 2009 CRA requested by Chamber of Commerce to reconsider t> 2009 CRA staff bringing forward Resolution to CRA Board POLICY: P 1.) Density Bonuses . Mixed-Use High Zoning Available I) Mixed-Use Low 1,2 & 3 Available () IPUD Zoning Available ., Federal Highway Plan Update Completed P.:U Green Building incentives c Draft GreenCentives Program Consideration - 08/0~ 1'.3.) Community Policing c 2.008 Approved and Implemented P.4.) Historic Structure Inventory c Completed (: Purchase of Historic 211 Ocean Avenue to Purchase of Historic Jones Cottage € Historic Signage URBAN DESIGN: UD.1.) Cultural Corridor Designation (, Avenue of the Arts UD.2.) Streetscape Easement Acquisition Program c Opportunity Buys UD.3.) Federal Highway Gateways & Parks €O Jaycee Park- Completed (' Bicentennial Park-Completed UD.4.) Expansion of Wayfinding Signage (TOO, Civic & Cultural) c Working with Public Works and Art in Public Places UD.5.} Expansion of Wayfinding Signage (Federal Highway) c Working with BB Parks & Recreation Department TRANSPORTATIOf~: T.l} Infrastructure Upgrades ., City/CRA 4th Street Improvement Project ., Sea crest Streetscape T.l.} Critical Street Crossings · Ocean Avenue/Federal Highway e Boynton Beach Blvd./Federal Highway T.2.} Pedestrian Connectivity Plan . Marina Plan . Ocean District Plan T.3.) Downtown Trolley Route . Northern Route - 4 years of service fJ Southern Route Trial Period Ended Service T.4.} Downtown Parking Deck e CRA owns 105 covered public parking spaces within the Marina Village Garage e Future opportunities when redevelopment occurs OPEN SPACE: OS.1.} Federal Highway Greenway/Open Space c Opportunity Buys OS.2.} Civic Campus Plaza c Relocation of City Hall allows for consideration of open air band shell MARKETING & EVENTS, M.1.) Programmed i:vem c Citywide Events Program furlV Funded and Executed by eRA {. Artavo}{ ( Palm Beach Film Festival ( Planning & Development Workshops M.2.) Downtown Promotions ( Adoption of Economic Development Plan (, Small Business Development Assistance {. Small Business Development Events (, Chamber, City & CRA Merchant Mingle - July 30th TAB 7 T:\ADMINISTRA TIV E\Templates\Tab Pages,doc .< t' ~~~Y~T8~ eRA . East Side-West Side~'Seas'lde Renaissance . 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 funded. Prior to the failure of the capital markets, the eRA was able to attract several large mixed-use projects as highlighted in the State of the CRA presentation slides attached. b. CRA staff continues to market available development sites within the CRA For instance. this past fall the eRA had a booth at the International Urban Land Institute meeting in Miami which attracted 8,000 attendees. Staff development boards and packets ,\lith information on five major development sites in the eRA. (See slides 14 & 15 of the State of the CRA) 2. Protect single-family neighborhoods adjacent to downtown, a. Both the CRA's Residential Improvement Grant and Hornebuyer's Assistance Programs support this goal. (State of the eRA) 3. Create a cultural center around existing cultural providers. a, Control of the Old High School reverted back to the City in October 2008, To date no decision has been made on the future ofthe High School b. Staffhas been working with property owners and the Arts Commission to help create the Arts District recommended for Ocean Avenue between Federal and to create the Cultural Con-idOl 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 ftv, properties recognized by the City as having historical value; the Jones Residence at 20 I NE 1 sl Ave and the Oscar Magnuson home at 211 E. Ocean A venue. Next month staff will be installing signs on these properties identifying them as historically significant. b. CRA staff continues to dialog with interested parties 011 the potential development of the ()ld 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 eRA is issuing an RFP to redesign and repair the slips. The Marina Master Plan is also approved. Staff has submitted requests for federal stimulus monies to help cover the cost of the redesign, b. The eRA 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. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008.2009 Boace Meetings\7-14-09 Meeting\DMP Update.doc ~V.F,-' , 1/,;';' ~, .'/.,. :v- , , - ,,,r "\ , " ~~~<tY~Te~ eRA . East Side-West Side-Seaside Renaissance 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 to incentivize development of marinas and access to the Boynton Inlet. 6. Connect existing greenspace. a. This is a long term plan for acquisition of nonconforming businesses and parcels along the west side of Federal Highway north ofNE 6th Avenue Highway and to incorporate them into the City's existing Parks & Greenway Plan within the eRA district. 7. Address visual blight. a. The CRA's Commercial Fa9ade Grant Program addresses this recommendation of the DJ\.1P. b. In 2008, after the conceptual approval ofthe 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 ofthe 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 ofthe 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. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\7-14-09 Meeting\DMP Update.doc ",\ .. )~C!Y~T2~ eRA . East Side-West Side-Seaside kenalssance 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 eRA created a database of all small businesses and commercial space within the eRA 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 & V isitors Bureau f. The Board approved a contract with REG to provide design assistance for architectural renderings for fa(fade 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 1. The Commercial Fayade Grant Program is primarily used by existing businesses to improve thelf 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 \vere tabled and this wili most likely continue during the next budget cycle. · eRA Project Map: eRA 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 T:V\GENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\7-14-09 Meeting\DMP Update,doc -).V J,,'~~ , ....~.u,:> r /~ :t"'.:,fr: , ~I/- .." ,,(<' , . ,,,,y~ \ (' " ~~~~Y~Te~CRA . East Side-West Side-Seaside Rena'lssance Private DeveloDment Projects: 1.) The Peninsula - Bankruptcy filed in 2008; project completion 2010. 2.) Marina Village - Completed 2007 3.) Las Ventanas - Completion Date: Fa1l2009 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 II.) 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. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\7-14-09 Meeting\DMP Update,doc _ C~_of Boynton Beach-t1ISTORIC sr!,~~~U!3VEY -September 1996 -<updated December 20plL .- -r ' ' 'MAPi USEt - PCN-- - NAME- -. ----- ~ADDRESS- -- --'OATE-r- STYLE ARCHITECTI FLAMSF~ATL LOCAL~ NO. I ~ ~___~_____~.!3!JLLDER "__~9. gEG . .~;D-~R~ ... '...... D088-_4433--44~~;:~~~~:~Oo' JFOxHouse(j5imlckHOUse) R6.31 Lake Drive__ =-190411vemac;Ula~-,_ ~PB08377'ikelv _ i Helen Marankkowski House : 2625 Lake Drive _-'--_ ~ Vernacular_ ; -, i 8PB08335 ~ 08-43-45-15-02-000-0480 Ilslander InvestCo,House' :628 Dimick Road -'. 1940 !Vernacula.r -18PB08354 41 R'~ 08-43-45-15-02-000-0700 1 Lembo Family Enterprise House;-'615 Potter Road i 1924 IMission - .18PB08349 . 51 Rd ~43~15~02-000-118orouncan Coutts House-:626POtterROad- ,_..J3~8~ iVem~icular '8PB08348 6, R ' 08-43-45-15-02-000-1120 !Peter & Michael Flood House--~!644 Potter Road -- '1925 ;Vernacular '8PB0834f- -it R 08-43-45-15-03-000-0036 'pame.s P, Romba~ Hous~_ '626 Lakeside Harbor _=' 1920 TVernacular~ 118PB08386 BiR..-----oB-43-45-15-03-000-0120 j Denise A Carres House .. .. _ 6!!8 Oak Streeet _ _~~l'!~cualr i8PB08370 g;-Ff "~08-4:3-45-15-03-000-0160 [!3envenuto's Restaurant H3~, Federal H9WX._,+ 1925 IMed Rev,__~B00494.' 1.91 REC; -08-43-45-22-00-002-0020 iSeaview Park Club 1620 N. Federal Hgwy 1934 IVernacular 8PB09344 11 C~._0~5-21-32-007-0010 IE.O:Propert;eSHOUse-- '101C)NE-7tl1Street-' ,-1945 !Vernac~ ---l-SPB00525 12 C 08-43-45-21-32-003-0200 'Old Dutch Mill . - 1022 N, Federal Hgwy '1945 ,. !Vernacualr 18PB09?~_ 1 ~ B... @i3-45-21-04-000-0020' .::Iuani!?~ightf:iOlise' ..~? NT10th Ave -" -1935'y~nacU@r ~!308340 14; R 0.8-=-43-4~21__2.s-001-008Q. ~ Charles C.olesbrook liC2use 11 I NEJ.Qth Ave 193.Q.. Verni3cl!~_i:lpB08341 15 i R O~:~-4s.-21-1()-002-0Q.~ ~LD A\lJ.uJY. Hou~ .1JJl NE 8th ~v~ __1 ~_ ,V~nacular 8PB08325 161 RQ.8-~}-45:?1-32-005-0171 J:!arol~O..<:.hstein HqLJse, .63Q NE 8th A,ye, 1940 Yernac:tJ~~ '8F>B08375 17 R 08-43-45-22-03-001-0200 Maria Prows House 619 NE 7th Ave, 1940 Vernacular. 8PB08361 18 R 0843~45.22-'03-061-6241. Mascolo'House ,8Q2 N. Federal'igwy. .J~46 .~Ve;:I'!i3cular '8PB08376 19 ROS-43-45-21-18-000-0'YQ.._S;eor~ Qavies_IjOl!.se .510 NE 3rd Street 1925:!Y"~sion_ ~ 8PBOjl-294 'W R_08::13-45-211.9-003-001_1 : HI" Smith House ., !:)J7 NE J~ Street 1935 Vernacu~ i 8PB0830J 21. R 08-43-45-21-07-003-1000 ;Willie Hollis Hous~ 1..1lNW 6th Ave 19iZ._ Y~rnaclllar 8PB08~~ 22 R 0..8-43-45-21:07-00..3-1060 iBTWilkins House 133 NW 6th Ave 1946 Vernacular :llPB08321 23 R 0-8-43-45-.21-07~002-1600 TGeorge JohnsonHouse 219 NW 4th A~e1927 'Mission8PBo..8323 24 R'. b8:.43-':45]1~07 -oo2-113Q. i-Baile~ r{cJl!~~ House 112NW 5th A~e 1920--' Mission !8PBQ8373 25 R 08.43-45-21-07 -002-1450 Cornmer House 104 NW 5thAve 1928- Mission ~8PB083 f3 26 R 08-43-~~2J=07-':OO2~1j60 .TKn:1an_~~ilrachef8ou?e 565N.Sja(;~esi Blvd 1925-~~sion:8PBQ?~-46 27 R 08-43-45-21-0..7-002-1470 Leslie Skipper House 50..3 N, Seacrest Blvd 1925 Mission 8PB08374 28 R 0..8:43-45-21-':07:0'6'1=1500 -RichardHolmes. House 12:2. NW 4th.j\ve 1925.J'0i~sion . 'SP-B08314 2gT R 08-43~45-21:0I:001=-1510 -gIi~~~lja !:'lelsonHouse .124NW 4th A~e.. 19,:3!) _r>Jled~_v BPBQ8315 30 R 08-43-=~!:)~21:29-003-00~Q,=illiaf1...F_O~r House2 516 N. SeacrestBlvd193~u Ver.f1.<3<:.ul~ 8PB08352 31. R 08-43.45.::.2J.-~9:o..03-DQ6Q . Lillian F O~~t;ouse 512 N, Seacrest Blvd 1925 Vernacular ~~Ojl3!:)1 32 R08.::.43-45-21-29-003-o..071 ,!:>i3\1i9 i::.llnic~J:iouse 50..8 N.SeaCreSt-Slvd 1924 --Mission- i8PB08334 33 R 08-=-4~tl5-2l:-29:003-0Q~1. M~.rjE.rie Rober~ll.Ir House 105 Ns.4th Aye 1925__Mis~Qn . 18PB9ffif1 34 R ~.43-j5-21-:3Q.-:QQ2:Q1.1 O'::l~nry RE~er~~House 1 O~NE_~th Ave 1925 yernacular 8PB08302 35 R 0..8-43-45-21.30-0..02-0100 Foster & Deal House 11.?.!!Ej!b.Ave 1935 .~.rn~cul~r :S'P!3Q8301 36 R o..8-4345-21-30~002-Q09-0HenryRobersorIHOLJse 114 .N~ 4th A'f~ 1..9}~ YE!I'n_acuJar '8P~8~Q 37 R 0..8-43-45=2'1-29-063=0052 Carlos Perez House 115 NE 4th Ave 1930 Vernacular i 8PB08329 38 R '08-4'3-=45'::'2'1::.29-003-0041 'A;,i!?~'~anQ!ield !:l.~.se 113 'N,E 4th Ave 19],5 . : Vernacular- 8PB08328 39; R 08-43-45-21-29-003-0034 Sandra Bailey House J~? NE 4~ Ave 1f)~5 ".~~d'3~v. ~8PB()Q517 40', ~ O.f-.13:45-21.=3Q-002-0061 Jo.seph AG,Jean House ,124 NE_ 4th Ave 1940.. ~~~rn.acu~CIr '8PBQ..83.0 41 R 08.4l~45-21-30:QQ:?:DD50 .~Iberto_ Buse'Lt!ouse 130.._ NE 4.th A'fe 194o..~~l1acular . 8PB08326 42 R 08-43-45-21-30-002-0150.. David Eunice House 111 NE 3rd Ave 1940 Vernacular 8PBQ83Q6 ----" '--~--'~--~'~-' ~._-_.~.._---------_._._- --._-------,~ ._.~------- USE R-Residential C-Corr al PU-PUl 5e REC-Recreatior I likely 'NO likelv NO 'NO 'NO :N'o ~}Jo .~ INO NO NO -'NO NO NO NO NO NO NO .NO :NO NO NO NO NO NO NO NO NO NO NO NO NO liCJ. NO 'ILkely NO NO NO NO NO NO CONDITION IOEM.OUSHED DEMOLlSHF!' EXTANT EXTANT EXTANT ,-~-~_.._.- : EXT A!'lT . EXTANT JEXTANT 1 MODIFIED !DEMOLISHED "TEXTANT-~ TEXTAN'f ~~XTA!'lI . ,Q.E~QLI~.HED . DEMOLISHED EXTANT EXTANT - -----.. EXTANT .-_..~- EXTANT <-------..-- DEMOLl~Ij~D MODIFIED . MODIFIED , DEMOLISHED ........------ EXTANT ---...---- EXTANT EXTANT EXTANT EXTANT EXTANT EXTANT EXTANT EXTANT DEMOLlSllf EXTANT . EXTANT EXTANT EXTANT . E1<TANT EXTANT EXTANT EXTANT EXTANT -, YI?llililf~q\HUU~i )N\r-iIS i U~_l:"'" i'r\t,- IdOl ;', , MAP USE PCN NAME ADDRESS DATE STYLE I ARCHITECTIIFLA MSF NATL I LOCAL - CONDITION I NO. I BUILDER NO. REG I 43 R 08-43-45-21-30-002-0170 Victor H. Trevino House 121 NE 3rd Ave. 1940 Vernacular 8PB08297 , NO EXTANT 44 R 08-43-45-21-30-002-0231 Lucy W. Cavenaugh House 407 NE 1 st Street 1930 Vernacular 8PB08308 NO EXTANT 45 R 08-43-45-21-30-001-0100 JaCQueline Jacobson House 110 NE 3rd Ave. 1935 Vernacular 8PB08364 NO EXTANT 46 R 08-43-45-21-30-001-0090 Carl H. Arnold House 116 NE 3rd Ave. 1935 Vernacular 8PB08339 NO EXTANT 47 R 08-43-45-21-30-001-0061 Teresa Leiia House 126 NE 3rd Ave. 1947 Vernacular 8PB08296 NO EXTANT 48 R 08-43-45-21-30-001-0050 Sunshine Events Inc. 130 NE 3rd Ave. 1935 Vernacular 8PB08295 NO EXTANT 49 R 08-43-45-21-30-001-0010 Gordon Crawley House 313 NE 1st Street 1945 Vernacular 8PB08362 NO EXTANT 50 R 08-43-45-21-18-000-0300 Dr. Weems House 409 NE 3rd Street 1925 Vernacular 8PB08342 ! likely DEMOLISHED 51 R 08-43-45-29-23-054-1290 Jessie Lacy TR. House 829 NW 1st Ave 1926 Mission 8PB08343 likely EXTANT 52' R 08-43-45-29-23-054-0260 John Johnson House 205 NW 8th Street 1924 Med Rev. 8PB00526 i Yes DEMOLISHED 53 R 08-43-45-29-01-004-0220 Dorothy Johnston House 701 W. Ocean Ave. 1924 Med Rev. 8PB00176 i likely EXTANT 54 R 08-43-45-29-01-001-0010 Robert StoQdill (Hartley)House 206 NW 6th St 1925 Mission I /Hartley 8PB00177 likely likely EXTANT 55i C 08-43-45-28-00-000-3100 FEC Warehouse 514 W. Ocean Ave.(move 1895 Vernacular 8PB00503 I DEMOLISHED I 561 C 08-43-45-28-00-000-3100 Seaboard Railroad Depot 518 W. Ocean Ave. 1926 Med Rev. Gustav Maas, 8PB00504 I likely DEMOLISHED , I Harvey & I I I hi I I Clark I R , 08-43-45-28-10-001-0010 Sulus Computer Corp House 402-404 W. Boynton Beac 1925 Mission 8PB00493 ! NO EXTANT I r----sa . R 08-43-45-28-10-001-0091 Gen. Daniel O'Connel House 203 NW 3rd St. 1925 Mission 8PB00514 - ~ mt-l'!I -~=-1 H9 R 08-43-45-28-10-002-0210 Audrey Gerger House 331 NW 1st Ave 1926 Mission 8PB00175 NO J~2<I~!'([___ml 60' R 08-43-45-28-10-006-0010 Susan Mize House 330 NW 1st Ave 1924 Mission 8PB00510 NO I EXTANT . 61 R 08-43-45-28-10-006-0050 Teresa Willis House 324 NW 1 st Ave, 1925 Med Rev. I 8PB00174 .!iI<~ly --j ~~~ ~~~.,'-~-; -~ .. , 62 R 08-43-45-28-10-006-0100 Khadey House 316 NW 1st Ave I 1925 Med Rev, , 8PB00173 ~ ! 63 R 08-43-45-28-10-006-0130 . Susan Murry House 310 NW 1st Ave 1926 Mission --i 8PB00509 NO _~rANT l~~ R 08-43-45-28-10-003-0012 Herminio/Caraballo House 204 NW 2nd Street __+ 192~_ ~ion ~ 8PB08324 I NO - ,~~~~~~- -. , 65 R 08-43-45-28-10-007-0130 Janniksen (Knuth) House 204 NW 1st Ave I 1926 Med Rev, ! 8PB00172 . r - .... likely PU 08-43-45-28-10-008-0010 I !st United Methodist Church 101 N. Seacrest Blvd 1945 Gothic Rev. 8PB08345 NO EXTANT _.~- , 66 , I I-~,: R 08-43-45-28-10-010-0190 Annabel & Beverly Jeffrey House 1327 SW 1st Ave, 1924 Mission 8PB08298 . -- "No EXTANT i -~--- i R I 08-43-45-28-10-010-0070 i Brickbacker House 321 SW 1st Ave. 1924 Georgian Rev. 8PB08299 likely lEXTANT i '-- 681 I , R 08-43-45-28-10-014-0080 Barkley Garnsev House 1316 SW 1st Ave, 1941 Vernacular 8PB08300 NO EXTANT , : 69, 70; R 08-43-45-28-10-011-0170 Bruce Black House 229 SW 1st Ave, 1922 Mission 8PB00512 NO EXTANT I t- 71 R 08-43-45-28-10-015-0030 Bernard Tillson House 224 SW 1st Ave 1926 Mission 8PB08303 NO EXTANT ! CA Jefferson House 220 SW 1st Ave 8PB08381 ''"'1 - --~ r- 72 R 08-43-45-28-10-015-0070 1926 Mission I NO EXTANT 73 R 08-43-45-28-10-012-0050 I Helmut Wellmann House 130 W, Ocean Ave, 1940 Vernacular 8PB08350 NO EXTANT 74, R 08-43-45-28-10-012-0290 John Burns House 135 SW 1st Ave 1947 Mission 8PB08355 NO EXTANT 1 75 R 08-43-45-28-10-012-0350 Helmut Wellmann House 125 SW 1st Ave 1925 Mission 8PB08311 NO DEMOLISHED , ~76' R 08-43-45-28-09-006-0041 Barbara McLane House 102 W, Ocean Ave. 1940 Vernacular 1-- 8PB08389 i NO EXTANT I I I 77 R 08-43-45-28-10-012-0220 Patricia L. Dunlap House 115 S. Seacrest Blvd 1925 Vernacular 8PB00505_t- ___._ Yes , EXTANT I 78 R 08-43-45-28-10-012-0240 Nancy C. Metz House 117 S. Seacrest Blvd, 1925 Mission :--- 8PB00506 , NO EXTANT 1 I I 08-43-45-28-10-016-0220 Raford Apartment 215 S, Seacrest Blvd I 1926 Mission I 8PB08378 i NO EXTANT I 79 R i 80 R 08-43-45-28-10-016-0260 Herbert Raford House 107 SW 2nd Ave. 1925 Mission I 8PB08305 J- NO EXTANT , 81 PU 08-43-45-28-05-014-0020 Bovnton Beach HiQh School 133 E. Ocean Ave 1927 Med Rev, I 8PB00527 I Yes EXTANT 82f PU 08-43-45-28-05-014-0020 Boynton School i 141 E. Ocean Ave, I 1913 Vernacular IWilliamW 8PB00171 !Yes ryes EXTANT I I , I ~aUghlinl A I I I i i Mellison I I 83 R 08-43-45-28-03-003-0112 Ronald Hester House 1208 NE 1 st Street 1910 Vernacular I 8PB08309 I !.Iikely DEMOLISHED I --_.~.._-- USE: R-Residential C-Commercial PU-Public Use REC-Recreation S:\Planning\HUDSON\HISTORIC PRES\historicforms MAP! LJsEi ----- PCN---- NO. -~_ 841 R'-;- 08-43-45-28-03-003-0111 ~~.13. --i- 08-43-45-28-03-004-0110 861 R : 08-43-45-28-03-004-0130 87; C 08-43-45-28-03-005-0080 ~ C_:_ _08-43-45-28-03-005-0100 89' C 08-43-45-28-03-006-0100 - Wl-C' .c_ 08-43~45-28-03-007 -0071 96 97' 98! 99' 100' R R R R R R 101. R 102+---R 103 R 1~~ R 1051 R 106. R 107 R 108 R '09 R i1Q. R 111 R 112 R 11~. R 114 R 1151 R 116 R 117 118. C 119 R 120 PU 121 122 '23 08-43-45-28-03-010-0150 ~- ..__..~- ------- 08-43-45~8-03-0 1.1-0071 08-43-45-28-12-002-0160 ~-- -' --_._-~_.- 08-43-45-28-12-003-0080 ~- -~.- -.. -~-- 08-43-45-28-12-004-0110 _..___ ___n___ ..______ c '-'-' - 08-43-45-28-12-011-0080 --.----------.-- 08-43-45-28-12-015-0010 -- - ----. ----~ 08-43-45-28-07 -002-0050 _~_ _'n' __ .____.. 08-43-45-28-07-001-0101 ------ --.- 08-43-45-28-07 -001-0140 .-- _.~._- .--~--- --....----- 08-43-45-28-08-000-0080 -------- ~.-- - ._~ --- 08-43-45-28-08-002-0113 'n __.______._.__ 08-43-45-28-07-002-0091 ----,--.~ --~.- 08-43-45-28-08-000-0080 --- -_._~--- . 0.8~.'!;3~~~~8-07 -002-0091 08-43-45-28-08-000-0040 ----- ~~-----~ 08-43-45-28-08-000-0060 - _._.---------~- 08-43-45-28-07-002-0112 . --'- ._--~.,---~ 08-43-45-28-07-002-0112 ---"'~----~----' 08-43-45-28-07-003-0010 --------- --- --~~-- 08-43-45-28-07-003-0091 ~-_..._-~_. ----- 08-43-45-28-24-000-0231 ~- --- ._---~-~- 08-43-45- 2 8-24-000-0040 C R C 08-43-45-27 -05-000-0011 _'n __,____ 08-43-45-28-13-008-0031 ----- ..--.. --- -- -._- 08-43-45-33-00.000-1430 USE R-Resldential C-Cor ~ial PU-Pl )se RFC-Recreatlon NAME Lee Manor Inn - -'-~ --- ---- Brooks/Braxton House ,-- --.--.. Alberts & Merkel ADDRESS -T201-NE1St~ !209 E, Ocean Ave. 1211 E, Ocean Ave, !405 E, Ocean Ave, 413 E, Ocean Ave, 1527-531 E Ocean Ave '502 E Ocean Ave, DATE' STYLE NATL LOCAL 1 CONDITION REG, _ ___ . ------rITkelL TEXTANT ~. _ tves . I EXTANT IYes I EXTANT , l~IL l.MODIFIED Yes !EXTANT iNo- - TEXT ANT- __ 'Yes- 'DEMOLISHED ~oo ~-()cean Ave. _-+___~_~19---1VernacUlar. i 104-110 S. Federal Hgwy 1920 !Commercial i n: 1 '18 SE 4th St - -, '1928 ~ission --~ 1306SE1stAve - ._n1909Vernacular -;217 SE 3rd St . '1913 !Vernacular \fH~B. Murray 216 SE 3rd St ..--- ----~- 304 S. Seacrest Blvd -~.._--~. 115 SE 3rd Ave ----~---- 119 SW 3rd Ave -" ----'.-- 101 SW 4th Ave .-----~ 415 S, Seacrest Blvd - _. 125 SE 4th Ave ..__._~_._--- 104 SE 5th Ave .- -....- 118 SE 5th Ave - -~--._-- 701 S, Seacrest Blvd ._- 407 SE 4th St _.._----,~ 412 SE 4th ST 414 SE 4th St -- -- 419 SE 4th St ~ -------- 421 SE 4th St 513 SE 4th ST ------.. -. 418 SE 4th Ave --- .. ------..- 515 SE 4th SI -- - --..---- 417 SE 4th Ave __u_______ 416 SE 4th Ave ~---- 415SE 5Q1A~ 421 SE 5th Ave -- -- ------- ~01S FedeJ:.aJ rlg~y . 625 ~i.eder:C!LHgwy 918 SE 4th SI .._-~----_._- 1010 S Federal H9wy - ---- 1120 SFeder~1 rlgwy 114 SW 12th Ave n . 2210 S Federal Hgw" ARCHITECTI FLA MSF BUILDER NO. \ 8PB08363 ___ t 8PB08369 18PB00498 ! 8PB00499 ! 8PB00500 ! 8PB08383 --_._~ '8PB00502 i8PB00501 . -:SPB08379 .8PB00518 'BPB0051 :3 ! 8PB00516 --I~'---- 1940 Vernacular. 1919 ! Vernacular 1919 Vernacular 1905 Vernacular ___ 1,912 i Mission -~._. .192~ iCommercial 1910 : Vernacular _ _ -1.-'-"- 1926 Vernacular 1920~. Vernacular 1926_ TlIi1ed Bev- 1930 Mission 1925 -[Mission- -1il25.. iMiSSiOli. 1926 . MissiQIl 1926 'Med Rev. !John Klep I Ruth Jones House ,Jerome Hyman House- J Oscar Magnuson House- u:~tark House(Daughtery Ho~se) , Oyer Buildin9...__ i Harvey Oyer Bldg _, I R.GBeane House (Orig Woman's Club) -9n1~_ C __ .68-43-45~28-03-007.:0032 1 Jefferson Hotel (500 ElicJ.gl ~ ,..g.~ .08-43-45-27-04-000-0021 ..@eller Bldg. .. ~I_ R . 08-43-45-28-03-007-0081 iRobert Leifer House -- ~--~ '08-43-45-28=03-011-0040. ~Edith Andrews House . 95i R' '08-43-45-28~03-011-0071'IMichelirie Many (HB Murray) House ----- --- -- ~~en Lyman Ho~e HH & Lida Brown House -'Henry&GdEII3rownHouse ~Naci Ann Ross House . ._--~~ ..~oh!:lFitzpatrick HousEl. ,J()hn Fitzpatrick Garage 08-43-45-28-12-005-0181 Michael Keefe House 08-43-45-28-12-011-0100 iEmslie Stephen (Y. GWeaver) House -- -.--- --- - -- . Frank & Cheryl McCleod House .. RClbert &-pat;-iCiill3rown House - - . Michael Bowden House -~--_. ---~ Gene Moore House __..__~_ ____u._.. ____ Steven Martini House - - -- -------- ~--- Dennis Meadows House Ora Sweat'HOuse ..--. ~-----~. ~~ Burton Metsh House ------..- Michael Bowden House ----_._~ Burton Metsh House .-~- -- ~ ,Alfred Phillips House. Michael Bowden House · Jean Carnahan-House - 0"__'-- ___.___ Joseph<:;, Reis House Hidden Brook Cafe - -..- -_.~--- . M~EY Lil':^f.House Michael & Linda Borsos House 'Boynton Woman's-e-Iut 1924 . Med _R~y_ 1926 Med Rev. ---._-- 1.920. ,Vernacular 1926 Vernacular -~ --~'---"'- 1926 Vernacular ~.__._----- 1930 Vernacular - .--,- 1935 Vernacular ---- ---~-- 1925 Vernacular 19J_5 .. Ver!1~cular 1925. Vernacu~r 1910 Vernacular 1-925 'Vernacular 1920~nacular ,~-- 1930 Vernacular 1925 'Vernacuiai 1914 'Vernacufar 1925 ;Mi~:S~OT"l- 1926 Med Rev. Addlsor, Mizner; 1935 '925 1936 Bungalow 'MissiOn Vernacula i 8PB08320 -,------ 8PB00507 ~------ 8PB08316 -"-- 8PB08359 ,-~--- .8PB08304 .8PB08353 .- 8PB08318 ._-_.~- 8PB08312 8PB00523 8PB00508 --.-- 8PB08317 8PB00519 .__..-----~-- 8PB00520 "____u,.__ 8PB08332 8PB08331 ~.~~ 8PB08337 8PB08356 -~ .-- 8PB08372 .~---_._--- 8PB08357 8PB08358 '--" 8PB08338 -- 8PB08385 -----. 8PB08384 ~--. 8PB08365 ~._~_. 8PB08319 8PB0009E 8PB0836i' -~~--~- 8PB08310 8PB083S: ' :I~ NO lik~v Yes Yes -- Yes Yes I~e.ly NO NO NO NO likely likely NO NO NO NO NO NO NO NO NO NO NO NO NO . like I, likel'. NO Vec hkf:li\ .. DEMOLlSHED- . EXTANT DEMOLISHEr ,---" --- --- EXTANT EXTANT ; EXTANT EXTANT EXTANT EXTANT EXTANT --,----- . EXTANT ~E)(TANT EXTANT EXTANT ~._------- EXTANT EXTANT .--~- DEMOLISHED ~-- --~--- DEMOLISHED --_..-------- DEMOLISHED ------ - - -- EXTANT ---. DEMOLISHED DEMOLISHED . -----~- DEMOLISHED ._~~..- DEMOLISHED ~DEMOLlSHE:D EXTANT ~-' EXTANT DEMOLlO'! "T EXTANT EXTANT EXTANT Yec EXTANT EXTANT 'lFMOI.! .Hf; vo.:: I u_ ~-i . -.- -. .---=-=J- : --~I ~_. -1 ~.- ,-~~-=+=- -=::---~-- n_~r~=-+--~= --rl~~~-J : ~-=-~~---+----=-- --: __ _ ----- i - ~- I +----L ,--t--- I 1 ---i ;---'--F- _n _[nn - i--- n_-=t;I--~- _I I i i-----=- f-- i==t== , --~----:i; ~. _==- -+, --li-:-----~=-J"I,..- -+ L___.::1,"_ + I_~=:t----.- i_=-__ . -t.. _ ,. r MAP USE i NO. ~ C OS-43-45-33-00-000-1430 I' 123 C OS-43-45-33-00-000-1430 123 C OS-43-45-33-00-000-1430 124 R OS-43-46-04-02-000-0090 ~OS-43-45-2S-1 0-013-0041 ~ I--'-~ PCN NAME ADDRESS Alberts & Merkel Alberts & Merkel Alberts & Merkel Kimberleigh Fay (F.W.Webber) House Corcoran House 2210 S. Federal Hawv 2210 S. Federal Hawv 2210 S, Federal Hgwy 3641 SE 1st ST 215 SW 3rd Street 2200 Federal Hwv 331 NW 3rd Ave 509 SE 5th Ave 113 NE10th Ave c- f-- Owned by eRA USE: R-Residential C-Commercial PU-Public Use REC-Recreation I DATE I , STYLE ARCHITECTlI FLA MSF I NATL LOCAL I.-CONDITION 'I BUILDER I NO. ; REG SPBOS3SS flikely ~_ ]OEMOJ,:ISHED ~ SPBOS3S0 Iikely__ ~ iDEMOL..' SHED .1 8PBOS387 likely Yes DEMOLISHED I ISPBOS360 likely ,likely ; EXTANT _I , _, I I ISPBOS390 -. - likely DEMOLISHED' 1 SPB00495 DEMOLISHED SPB00515 DEMOLISHED SPB00524 DEMOLISHED SPB00527 DEMOLISHED 1939 Vernacular 1939 Vernacular 1939 Greenhouse 1926 Mission 19"lv.m,,,,',, J= . S:IPlanningIHUDSONIHISTORIC PRESlhisloricforms l'AB 8 L\AIJMINISTRA'lIVEdemplatcsll ah Pages.doe ,::.~, ~ \( l":~- (r:-. '''''-. ~."~'" 1/'". ":\ ;.c< ' '( -":::\ /~::'" \ " ~~Cf~/~T2W eRA , East Side-West Side-Seaside Renaissance May 14,2009 Duane Stiller Woolbright Development 3200 North Military Trail, 4th Floor Boca Raton, Florida 33431 Dear Mr. Stiller, We here at the Boynton Beach Community Redevelopment Agency (CRA) understand the current economic times are very challenging for our local businesses. It is our mission as well as part of our Downtown Master Plan to work with our developers and businesses to ensure success. As our community partner, we were glad to assist Woolbright Development with its renovation efforts such as providing a $15,000 Commercial Fayade Grant. The changes made to the Plaza have made a significant difference to both Sunshine Square and your ongoing efforts for Riverwalk Center which are both located within the CRA district. The CRA is the economic engine providing events for the entire City and aggressively marketing the entire district. In our efforts to be proactive and to stimulate summer business at the four comers of Woolbright, we contacted Cary Fronstin, Property Manager for both centers. Our goal is to see how we can work together to promote and market the Sunshine Square and Riverwalk Center businesses. In the meantime, if there is anything I can do to assist you with any matters of concern please let me know. Sincerely, ~ C. -&'tJ-t Lisa A. Bright eRA Executive Director 915 South Federal Highway Boynton Beach, FL 33435 Office: 561-737-3256 Fax: 561-737-3258 www.boyntonbeachcra.com TA.B 9 l:\ADM I N ISTR A TI V E\Templales\Tab Pagc"d<1L' Ii, \~ ,,~ 1''',:;:.1./--- ~~~~~Y~Te~lCRA , ~..fi:" East Side-West S'lde-Seas'lde Renaissance May 14, 2009 Hurricane Alley Ms. Kim Kelly 529 E. Ocean Ave. Boynton Beach, FL 33435 RE: Marketing Program Dear Ms. Kim Kelly: Great news!!! The Boynton Beach Community Redevelopment Agency (CRA) is launching a Downtown Economic Marketing Program, free to all businesses located within the CRA district, to assist you in promoting your products, services and specialties. CRA staff will be contacting you in the next month to set up an appointment to stop by your business for an on-camera interview. This video footage will be edited and linked, along with still photos, contact information and description of your business, to the "CRA District Google Map," web pages we are creating specifically for this new marketing campaign. Our goal is to drive customers and business to the downtown Boynton Beach area, and with your help, we will make this happen. In the interim, please be sure to visit our website to learn about opportunities available to you as a business owner, such as the Commercial Facade Improvement Grant Program, at www.bovntonbeachcra.com. Thank you in advance for your time and we look forward to your participation in this exciting project! Lisa A. Bright CRA Executive Director TAB 10 I :\ADM INISTRA rIVl:\f cmplal<:s\Tah Pag.l'sdO\: Ideas being Researched or Reconsidered: . Brownfield Designation . Tenant Improvements . Commercial Fa~ade . Revolving Loan Funds . MLK Land Swap '1'A13 11 I :\l\DMINISTRA IIVE\T emplates\1 ah PageqJul I Ideas or Concepts for Enhancement of the Central Business District: ., Revoiving Loan Fund District Wide . Small Business Education and Training Classes District Wide . Business Rent Assistance Grants . Site Development Assistance Program ., Paint Up Program . Business Relocation Program . Job Creation Grants . Residential Improvement Grants for Rental Property Owners . low Interest loan Programs XI. OLD BUSINESS: B. Heart of Boynton Strategies Consideration of Hiring a Project Manager TABLED July 14, 2009 ~., .;ii;l- '-\ ..'-"".~:.....c.. ,p. ...,v_,. )'~,'\ F<,' ~'" '/.'''~' ." ~~~<tY~Te~lc RA Ii East Side-West Side-Seaside Renaissance eRA BOARD MEETING OF: August 11, 2009-TABLED July 14,2009 I I Consent Agenda I X I Old Business New Business Legal Other SUBJECT: HOB Strategies - Consideration of Hiring a Project Manager SUMMARY: Funding has been freed up in the HOB Strategies budget due to the inability to close the alleys within the Heart of Boynton. The amount of available funding is $85,000. The Community Committee has been suggesting that the CRA hire a project manager for HOB projects. The availability of the funds could make that possible. The potential job description is attached. Based on research the salary range would be between $35,000 - 50,000 plus benefits. FISCAL IMPACT: To be determined. Source of funds would be the HOB Strategies. CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan RECOMMENDATIONS/OPTIONS: 1. Do not approve adding the position of Proj ect Manager. 2. Approve adding the position of Project Manager. v~ Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\8-11-09 Meeting\HOB Project mgr.doc May-09 Heart of Boynton Strategies - Community Committee Recommendations I ------, ---'1 Qualitv of Life Issues 1 Nuisance Properties AcqUlsiton Legal Fees Demolition 2 Code Enforcement/Issue Hotline 3 Trash Pick-up 4 CRA Policing 5 CPTED Lighting - Sara Sims Close NW 9th 6 Alley/Easement Abandonment Legal Fees City Engineer Fees Closures TOTAL QUALITY OF LIFE EFFORTS Economic Development Grants (2 @ $20,000 1 Improve Interior/Exterior of Businesses ea) 2 Technical Assistance Classes Site Planning/Conceptual 3 Micro Loan Fund s: 5.000 i S 25.000 SO (500,0001 $ 10,000 $ 5,000 $ 15,000 $ 10,000 $ 15,000 $ 60,000 $ $ 1,000,000 $ $ $ ~--_.~ $ 5 $ $ $ $ , 800,000 i 50,000 20,000 870 000 40,000 20,000 50,000 70,000 100,000 TOTAL ECONOMIC DEVELOPMENT ".,.., 210,000 $ HousinQ Development and Rehabilitation 1 Reissue RFP for Ocean Breeze East Legal Review/Advertisin! $ 1,000 2 Residential Improvement Grant Program (7 @ $20,000) $ 140,000 TOTAL HOUSING/REHABILITATION 141,000 $ Phase I MLK 1 Property Ownership Legal Fees to Combine CRA/City Property $ 2 Property Acquisition S 3 Grocery Co-op Site Plan/Feasability An, $ 5,000 ! 250,000 1 0 . 000 TOTAL PHASE I MLK $ 265,000 TOTAL $ 1,616,000 I BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA) JOB DESCRIPTIO~"'; TITLE: PROJECT MANAGER REPORTS TO: ASSIST ANT DIRECTOR GENERAL STATEMENT OF DUTIES: The role of the person in this job classification is to perform responsible public contact work in implementing the CRA Boards programs and policies. The general overall responsibility of this position will be to implement and manage the Heart of Boynton Strategy Plan as adopted by the CRA. The following is a general description of duties. The Executive Director may assign other duties and responsibilities as needed. Updated: 07/1412009 ESSENTIAL FUNCTIONS: · Provide information to the public and board regarding CRA Plans and Programs. · Conduct research on property for possible acquisition, including but not limited to arranging for appraisals and title searches. · Attend meetings, including evening meetings, and interfaces with community groups to obtain input and consensus on projects and programs. · Maintain records and notes of community meetings and reports the findings to the Assistant Director. . Draft board agenda items for Assistant Directors review and approval. · Create PowerPoint presentations for community and board meetings. · Seek, negotiate, and acquire fee simple and/or easements interest in real property. · Analyze price proposals, financial reports and other data to determine reasonableness of prices. . Research and prepares documentation in support of agenda items brought to the Board of Directors. . Interface with CRA police team, code compliance officers, public works department, etc. in order to solve issues of concern to the community, including crime, blight, etc. Page Two/Project Manager Joh f leS\TIntlnt . Work with affordable hous III t:' Ul'\ Cloners ami non-protHs to develop new atfordat, i housing opportunities within lilt ,'(lmnlllI11t . Administer and Market the ( 'R.\ 110USI1lg orograms . Interface with CRA, City, (OUI1l' anci '. llHSultants on husiness developmen opportunities such as granb ioans andm nrograms available . Working knowledge of the affordable housing industry . Collaborate with the City and ( OU!1lV employees. . Collect, compiles and analyzes real estate and demographic data to determine pOIH direction for CRA initiative. KNOWLEDGE, SKILLS AND ABILITIES: . Knowledge of real property legal principles, real estate acquisition and closing property. . Knowledge and understanding of the Florida Statutes relative to real property matters. . Ability to interpret engineering and construction drawings, diagrams. and appraisals, . Negotiating and writing skills. including the ability tn write and maintain reports. business correspondence, and manuals. . Good written and oral communication skills and quantitative skills, . Ability to ascertain priorities and meet deadlines and objectives . Ability to make recommendations and to use resourcefulness and tact in solving problems. . Ability to establish and maintain effective working relationships. . Knowledge of Excel, PowerPoint and Outlook. Page Three/Project Manager Job DescriptioL MINIMUM QUALIFICATIONS: Bachelors Degree in the field of Urban & Regional Planning, Architecture, or Business Administration. Prior work experience in government. real estate or finance is desirable. Valid Florida Driver's License. XI. OLD BUSINESS: C. Consideration of Recommending a Brownfield Designation within eRA . '\ ~~~<tY~T8~lt RA . East Side-West Side-Seaside Rena'lssance eRA BOARD MEETING OF: August 11,2009 I Consent Agenda I X I Old Business New Business Public Hearing Other SUBJECT: Consideration of Designating the CRA a Brownfield SUMMARY: A brownfield is an area of real property which is considered difficult to redevelop or reuse because of actual or perceived environmental contamination. In a redevelopment area, particularly one with an old commercial corridor such as Federal Highway, there is a very good chance that numerous properties may be contaminated due to old uses such as gas stations, printers and dry cleaners. For instance, the Gulfstream Lumber and Gulfstream Mall sites both had contamination from solvents, which had to be remediated prior to redevelopment. The brownfield designation does not imply that every property within a designated area is actually environmentally contaminated, just as a community redevelopment area designation does not mean that each property within it is blighted. The designation will NOT require property owners of potentially contaminated properties to clean up their properties. However, the designation will allow owners or buyers of such sites to access incentives to clean and redevelop the property. The brownfield designation would create another source of development incentives in addition to current CRA incentives. Examples of incentives associated with a brownfield designation are as follows: · Refund of sales tax on building materials for mixed-use projects that include affordable housing. · Job bonus credits up to $2,000 per job · Tax Credits for clean-up activities (see chart below) Tax Credit Type Prior to July 1, II Effective July 1, 2006 2006 ! -I'~o'~/o Site 35% $250,000 $500,000 ! Rehabilitation No Further 125% : Action 10% $50,000 $500,000 , (i.e., SRCO) Affordable NjA NjA '125% $500,000 : Housing r Solid Waste NjA NjA 1[50% $500,000 T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\8-11-09 Meeting\Brownfield,doc More than ever, developer:, are seeking public assistance with their projects given the difficult)' of developin[.'. under current market conditions. The creation of additional incentives to add to the ('KI\" existing incentiVl programs will enable staff to assist developers to make their projects financially feasihh The attached Resolution for consideration and the associated map retlect designation of properties within the eRA that have the land llse categories or I . Industrial 2. Office Commercial 3. Local Retail Commercial 4. General Commercial 5. Mixed-Use 6. Mixed-Use High FISCAL IMPACT: CRA staff recommends that the CRA reimburse the City for the required legal notification of property owners within the proposed area. RECOMMENDATIONS: Recommend approval of the attached Resolution to the City Commissloli designating certain portions of the CRA a Brownfield. 1M;' l // ~'--- - _.- --...- ----- -_._- Vivian L. Brooks Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008. 2009 Board Meetings\8-11-09 Meeting\Brownfield,doc RESOLUTION NO. R09- A RESOLUTION OF THE CITY COMMISSION or BOYNTON BEACH, FLORIDA, DESIGNATING AN AREA WITHIN THE BOUNDARIES OF THE BOYNTON BEACH COMMUNTIY REDEVELOPMENT AREA A BROWNFIELD AREA; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Florida Brownfield Redevelopment Act, Sec. 376.77 through Sec. 376.85, Fla. Stat. (2002) (Act) provides for local governments to designate by resolution areas consisting of one or more brownfield sites as "brownfield areas" for the purpose of environmental remediation, rehabilitation and economic redevelopment; and WHEREAS, the City of Boynton Beach, Florida, desires to designate, pursuant to the Act, an area of the Boynton Beach Community Redevelopment Agency (CRA) as delineated in the attached map, as a brownfield area to secure the benefits accruing under the Act; and, WHEREAS, per Florida Statues 376.79(4), a CRA may be declared a brownfield area, and, WHEREAS, brownfield designation will enable property owners to voluntarily use State Brownfield Programs for environmental remediation, rehabilitation and economic development; and, WHEREAS, the City has complied with the procedures outlined in the Act and has provided notice as required by Sec. 125.66(4)(b)2, Fla. Stat. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLROIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. Pursuant to the Act, the area depicted on Exhibit A, featuring the area within the boundaries of the Boynton Beach CRA, attached hereto and incorporated herein by reference, is hereby designated as a brownfield area. Section 3. adoption. This resolution shall become effective upon its Section 4:, ll1e ,,'It~ shall notify the Florida Department 01 Environmental Projection of the decision to designate the redevelopment ,ile of the CRA as a brownfielli are" PASSED AND ADOPTEL1 this day of .2009 CITY OF BOYNTON BEACft FLORIDA Mayor m Jerry Taylor Vice Mayor Woodrow I . Hay Commissioner - Ronald Weiland --~ -"-~ --.. -- --. ....-- Commissioner Jose Rodrigue? Commissioner Marlene Ross ATTEST; Janet M. Prainito. CMC City Clerk r (' r Boynton Beach Designated Brownfield Area XI. OLD BUSINESS: D. Review of Contract Options for 112 NW 10TH Avenue - Brandom 1Il~~qY~Te~ eRA . East Side-West Side-Seas'lde Rena'lssance eRA BOARD MEETING OF: August 11,2009 I I Consent Agenda I X I Old Business New Business Legal Other SUBJECT: Review of Contract Options for 112 NW 10th Avenue - Brandom SUMMARY: · On June 9, 2009, the CRA Board entered into a Purchase Agreement on the above-referenced property for the purchase price of $170,000 (See Attached). · The Purchase Agreement has an inspection period of90 days which expires on September 6, 2009. · The appraisal of the property set the value at $90,000 for land only (See Attached). The structure, according to the appraiser has no value due to its deteriorated condition. · Mr. Brandom countered with a new purchase price of $110,000 with the CRA paying all closing costs and subject to the City Code Enforcement liens. The liens can be removed by the City after closing since the property will be given to the City by the CRA for expansion of the Sara Sims Memorial Park. · If the Board does not want to purchase the property for $170,000, it must act to cancel the Purchase Agreement. FISCAL IMPACT: To Be Determined. CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan RECOMMENDATIONS/OPTIONS: 1. Cancel the Purchase Agreement dated June 9,2009 between the CRA and Brandom. 2. Direct staffto bring back a contract for the purchase price of$110,000 with the CRA paying all closing costs and subject t existing code enforcement liens. Vivian L. Brooks Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\8-11-09 Meeting\Brandom.doc REAL ESTAI.!LPURCHASE AGREEMEN'l. THIS REAL ESTATE PURCHASE AGREEMENT ("Agreement") IS made and a~ ~ . entered this --+-_ day of JVv,,"", , by and among Jerry L Brandom and Melody A. Brandom (the "Seller"), and BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY. Florida public body corporate and politic created pursuant to Section Hi~l356 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 n part hereoC together with all tenements, hereditaments and appurtenances relating thereto or associated therewith ("Property"); and \VHEREAS, Seller desires to sell to Purchaser, and Pmchaser desires 10 purchase from Seller, the Property upon the terms and conditions herein bdo\\ ~(:l forth. NOW, THEREFORE, for and in consideration of the premises, the paymenl 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 acknmvledgecl hy the: parties hereto, the parties hereto do hereby covenant and agree as follows~ 1. 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 \Varranty 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 Dollar:-, ($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, CheroC Doody, & Ezrol. ])/\ 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 1.7Propel'ty 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 ancl things owned by the Seller which relate to the Property; it Page 1 of 16 being the intent of the SELLER to sell transfer and set over unto and convey to the PURCHASER all interests of the SELLER whatsoever kind) type, nature, description or characterization in and to the Property, fee and clear of alltiens, claims, interests and encwnbrances of possible liens, claims, interests or encumbrances of whatsoever kind, type, nature description or characterization and shall include: (i) All buildings and improvements located on the Property; (ii) All right-of-ways, alleys, privileges, easements and appurtenances which are on or benefit the Property; (Hi) 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 (i) 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) All right, title and interest under all leases affecting the Property (collectively, "Leases"); (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 fmn 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 eamest 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 Eamest 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 refelTed 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 fi'om the Effective Date (hereinafter referred to as the "Inspection Period"), to detennine, 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 tenninate 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/conunitments, surveys, easements, rights of way, construction drawings, blue prints, soil tests/reports, permits, approvals, architectural plans, engineer's drawings, structural reports, licenses, pennits, 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, fi:ee and clear of liens, encumbrances and restrictions and (ii) good and lien~fi:ee title to the Personal Property, 5. Access to Property and Information by Purchaser, a. Access to Propeliy. 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 determine 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 of the Property. Purchaser agrees to indemnify and hold hannless Seller from and against all loss, claim or action in connection with or by virtue of any of Purchaser's actions pursuant to the terms of this Agreement. Additionally, in the event of tennination of this Agreement, Purchaser, at Purchaser's expense, shall restore the Property to substantially the same condition as exists as of the date hereof. b. Environmental Testing. Prior to the expiration of the Inspection Period, Purchaser may, in Purchaser's sole discretion and at Purchaser's expense, have the Property tested, surveyed and inspected to determine 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", "RCRN', or state super lien or environmental 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 RepOlt shall be satisfactory to Purchaser in its sole discretion. In the event Purchaser detennines that the Report is not satisfactory, Purchaser may tenninate 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 defined below), and shall certify that such Survey was Boundary survey prepared in accordance with 1999 AL T N ACSM Minimum Standard Detail Requirements and State of Florida Minimum Technical Standards as set forth by the Board of Professional Surveyors and Mappers, Chapter 61 G 17-6, 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 fOlth 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,l Page 4 of 16 within ten (10) business days ofreceipt by PURCHASER's attorneys of the items refened to in the previous sentence, (i) a current conunitment for owner's title insurance in the amount of the allocated Purchase Price covering Property and all beneficial easements and (ii) cunent instrument survey dated after this Agreement certified to PURCHASER prepared by a licensed land surveyor according to 2005 ALTAI ASCM 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 hens, 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 1slli UQ) 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. If SELLER fails to notify PURCHASER within such ten (l 0) 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 dosing, 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, nbligatlO11s or liability hereunder; or (ii) accept title to the Property su~jecl to such title o~iection(:" l 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 pennit 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 SeHer shall comply with and abide by all of the tenus 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, Cheraf; 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 [6 i. Zoning and other ordinances of the governmental authorities having jurisdiction over the Property, ii. Mineral reservations of record, iii. 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 a 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 cOUlt 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 aU covenants and agreements of Seller 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 instIument 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 defined 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 defined 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, i& 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 SS 180 I, et. seq.), the Resource Conservation and RecDvery Act, as amended, (42 U.S.C SS9601, et. seq,), and the Toxic Substances Control Act, as amended (15 U.S.c. SS2601, et seq.) and all other federallaw~ 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 purpOlt to regulate Hazardous Materials. The term "Hazardous Materials" means, without limitation, any substance, material, waste, pollutant or contaminant listed or defIned 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 Propeliy 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 wau"anty 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 F AUL TS" 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 Covenants. The SELLER shall convey good and insurable fee simple title to the Property, and shall convey lien free title to the Personal Property, to PURCHASER on the Closing Date. On the Closing Date, SELLER shall deliver to PURCHASER, the following: (a) The General Warranty Deed (which shall contain the legal description set forth in PURCHASER's final title insurance commitment, and shown on the survey obtained by PURCHASER, and which shall include all tights 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 Permits, Leases and Contracts to be assigned to PURCHASER in accordance with the tenns 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 certiftcates, 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 in 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 shan 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 un1easeable 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 inte1TUption) 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 8 of 16 such Company's fire and extended coverage insurance policy, or PURCHASER shall be given a credit therefor at Closing. PURCHASER shall also he 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 detetmined 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 aU 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 matetial 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 stonn event), act of terrorism or war that has a material adverse effect on the Property, such that the potential operation for self storage pUlposes 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 fmal 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 and prepaid rentals, and security deposits, as of the Closing Date. All such delinquent rents collected by PURCHASER after the Closing Date may be retained by PURCHASER. The SELLER shall not be entitled to a credit for delinquent rent. SELLER shall not collect any delinquent rent or other smus after the Closing, and any such rent or other 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. 13. 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 l intentions as set forth in this Agreement. The tenns of this Agreement shall not be construed against PURCHASER 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 thereat) may not be listed or offered for sale or lease; nor may any third patty 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 ofthe Property, or any part thereof with any person or entity. 15.. Successors. This Agreement shall bind, and shall inure to the benefit of, 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 conswnmatc the purchase and sale of the Property in accordance herewith and to perfonn 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 tenns 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 perfonnance 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 01" obligations to be perfonned by Purchaser under the tenns 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 tenninate 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 umeasonably 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 of16 (d) That the environmental audit that is satisfactory and acceptable to PURCHASER. (e) That the real estate appraisal is acceptable to PURCHASER. (d) The Boynton Beach Community Redevelopment Agency authorizes the transaction on or before June 9th, 2009. 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 pIior 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 wan'ants 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 hannless 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 [mder 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 (I) day after depositing with Federal Express or other overnight delivery service from which a receipt may be obtained, and addressed as follows: Page 12 ofl6 To Purchaser at the following address: Boynton Beach Community Redevelopment Agency 915 South Federal Highway Boynton Beach, FL 33435 Phone: 561-737-3256 Facsimile: 56 1-737 -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, FI, 33445 To Escrow Agent: Donald 1. 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 delivelY 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 by binding arbitration or fmally adjudicated in a court asswning and having jurisdiction of the Property involved herein or affected hereby, or (b) all differences shall have been adjusted by agreement and Escrow Agent shall have been notified in writing of such agreement signed by the parties hereto. Further, Escrow Agent shall have the right at any time after a dispute between Seller and Purchaser has arisen, to pay any deposits held by it into any court of competent jurisdiction for payment to the appropriate party, whereupon Escrow Agent's obligations hereunder shall terminate. 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 tenns 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. Wherever under the terms and provisions of this Agreement the time for performance 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 tenns 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 pennitted by, an 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, cons\lltant 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 14 of 16 29. Effective Date, When used herein, the term "Effective Oate" or the phrasc "the elatc hereof' or "the date oj this Agreement" shall mean the last date upon which this Agreement becomes fully executed. 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 exposcd to it over titne. Levels of radon that exceed federal and state guidelines have been found in huildings in Florida Additional information regarding radon and radoll testing may be obtained from your cOllnty public health unit. IN WITNESS WHEREOF, Purchaser, Seller and Escrow Agent have caused this Agreement tt) be executed as of the dates set forth below, "PURCHASEH" WITNESSES: / ~ . ( IJIj4a.<.: ta;;a)IlAl,/ . ~j rill' Nnme'_l1/B?ASZL UD6lf:I3!H'11 ~ /" /-P:r/ ." ~M;-/e.>:.,~;i~;'V'-..j ._. ____ Print Nallle: /~"-: ,?(.~",/(j/~Pl';'~, (,(-)- ') '-f .. 1__1 Date: wrr~~tsES.?';/ #;;L .(~ . //; ..~. // to / [i A~, C' . .:: (t.._.?: Print Name: /0/2't<<9"~Y/'--. ///:/./:;_ "SELLEJ\ ' H\ . III \ iJH:!~~' I ", ) Ii.' , BRANDmvl i, / Date: ! , , I ' ) \. ' ) /.\ .LLY-.L~.-.l)l._-~rl \ '. "-:;.. ~~:'-~~"'" ~.,~." $ -"".~". .~J -.;./ , ,.,i"~~'=-- ~'.l-, - "'" . '--:::.. m Print Name: ",4~~'~ lh, ./ /-Jl /If!. 1/. i)' l (r, ' ///.' -' ." MEl~ODY A)i~ANDOM / I ,I ;i -(t _,,{ /fi.;:::/ ... I ~'-' ,/ ,/ : . '/'/', " .~/ t:X/,~", <fP' / ,r/? .<- . -. e' /,' .... " Pnnt Name: 6!1r'$::..,-/;.':.54~//tVL~:C:""__ Dil(e: ;1/1.,[(_ I ' Page 15 of 16 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 CIRCillT 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 lip WEST PALM BEACH 1639 Forum Place Suite 5 West Palm Beach, FL 33401 Phone (561)686-0333 Fax (561)686-3705 Michael R. Slade, MAl, SRA, CRE st.Cert.Gen.REA RZl16 Daniel P. Hrabko, MAl St.Cert.Gen,REA RZ48 Stephen D. Shaw, MAl St.Cert.Gen.REA RZl192 FORT PIERCE/STUART 500 South u.s, Highway 1 Suite 107 Fort Pierce, FL 34950 Phone (772)464-8607 Fax (772)461-0809 Stuart Phone (772)287-3330 Fax (772)461-0809 Harry D. Gray, MAl, SRA St.Cert.Gen.REA RZ662 Stephen G. Neiff, Jr., MAr St.Cert.Gen.REA RZ2480 M ELBOU RN E/IN DIALANTrC 114 6th Avenue, Suite 3 Indialantic, FL 32903 Phone (321)726-0970 Fax (321)726-0384 Curtis L. Phillips, MAl St.Cert.Gen.REA RZ2085 BOCA RATON Phone (561)998-8088 Fax (561)686-3705 Dan~/P. Hrabk~ MAl st.Cert.Gen.REA RZ48 FOUNDERS Joe R. Price, MAl, SRA St. Cert. Gen. REA RZ555 Robert J. Callaway, MAl, SRA St.Cert.Gen.REA RZ505 Callaway & Price, Incfi Real Estate Appraisers And Consultants www.callawayandprice.com Licensed Real Estate Brokers Piease respond to West Palm Beach office E-Mail: dph@cpwpb.com July 9, 2009 Michael Simon Development Manager Boynton Beach CRA 915 South Federal Highway Boynton Beach, FL 33435 Dear Mr. Simon: We have made an investigation and analysis of the Brandom residential duplex property located at 112 NW 10th Avenue in the City of Boynton Beach, Palm Beach County, Florida. The Subject Property will be further described both narratively and legally within the following Summary Appraisal Report. The purpose of this investigation and analysis was to provide our opinion of the Market Value of the Fee Simple Estate of the Subject Property as of July 1, 2009. This report has been prepared for our client, Boynton Beach CRA. The intended use was to assist the Client in decision making relative to the possible acquisition of the Subject Property. The scope of work performed is specific to the needs of the intended user and the intended use. No other use is intended, and the scope of work may not be appropriate for other uses. Based upon the scope of the assignment, our investigation and analysis of the information contained within this report, as well as our general knowledge of real estate valuation procedures and market conditions, it is our opinion that: The Market Value of the Fee Simple Estate of the Subject Property as of July 1, 2009 was: $90,000 Michael Simon Development Manager Boynton Beach CRA July 9, 2009 Page Two A description of the property appraised, together with an explanation of the valuation procedures utilized, is contained in the body of the attached report. For your convenience, an Executive Summary follows this letter. Your attention is directed to the Limiting Conditions and underlying assumptions upon which the value conclusion is contingent. Respectfully submitted, CALLAWAY & PRICE, INC. Daniel P. Hrabko, MAl St.Cert.Gen.REA. RZ48 Joe M rntt, ~praiser St.Cert.Gen.REA. RZ672 DPH/JMM/DLM/09-61542 Attachments ... PROPERTY TYPE LOCATION DATE OF VALUATION PROPERTY DESCRIPTION: LAND IMPROVEMENTS ZONING LAND USE PLAN HIGHEST AND BEST USE MARKET VALUE OF THE FEE SIMPLE ESTATE OF THE SUBJECT PROPERTY AS OF JULY 1, 2009 !Executive Summary Residential duplex The Subject Property is located on the south side of NW 10th Avenue, 130 feet west of Seacrest Boulevard, in the City of Boynton Beach, Palm Beach County, Florida. The property address is 112 NW 10th Avenue. July 1, 2009. 7,466 Square Feet or .17 acres. As of the appraisal date, the Subject Property was improved with a 45-year old CBS residential duplex. The building was in very poor condition, vacant and boarded up. It is our opinion that the existing improvements do not contribute to the Highest and Best Use of the underlying land and therefore, they are not further described or valued. R2, Duplex, by the City of Boynton Beach. MEDR, Medium Density Residential, by the City of Boynton Beach, Residential duplex redevelopment, $90,000 XI. OLD BUSINESS: E. Women's Circle 1. Consideration of Funding Women's Circle $100,000 for Purchase of Facility eRA BOARD MEETING OF: August 11,2009 I I Consent Agenda I X I Old Business New Business Legal Other SUBJECT: Women's Circle - Consideration of Funding Women's Circle $100,000 for Purchase of Facility SUMMARY: Previously the CRA Board approved funding the Community Caring Center in the amount of $200,000 to assist the Center with purchasing a larger property for their mission. The Community Caring Center shares space with the Women's Circle and has requested that the Women's Circle get half of the $200,000 CRA award. The Women's Circle has a contract on 912 SE 4th Street. ]f approved, CRA funds will be wire transferred at closing upon the execution of the attached mortgage and note. The mortgage shall remain on the property at zero percent interest and no repayment requirement as long as the property is owned and operated by the Women's Circle. Transfer of the property will result in repayment of the loan in full to the CRA. FISCAL IMPACT: $]00,000 encumbered from FY 2006-2007 Rollover Funds, line item 02-58500-470. CRA PLAN, PROGRAM OR PROJECT: N/A OPTIONS: 1. Approve funding the Women's Circle in the amount of $ 100,000 2. Do not approve the funding. ~~s-A - Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 - 2009 Board Meetings\8-11-09 Meeting\Womens Circle #1.doc ",''; ;a;, VOI~Ol.J 'H:,V38 NU1NA08 i-;1~'lS ~. I ; ::..;Cj;..wy,s t! r , ~ g ~ hiH~ [] "0: ~ i~~= ~~ g h ~ Ii: ~~! iil: C:l3J N.3:J V\lC>C>C::ISSV 18 UNV' :3::JI.:::.J~JC::> 3,81:::::118 SN31A1C)^^ I ! ilf if, I 1111 II" i I \!l! \!l! I I ~J ~i; ull I~!I lilt ','Ill "!t !IT !! r AI" ii. , i ! 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"""OPOSE"OIi' W1DECONCREff WN.J(~AY PROPOSfO PARKINGSP,o,cF ~''''''_n~.~~----L I ~:;:;"OO, ~-" '" 5'1 1 i ~ r- __....J -I'ROPERfYLIr,IE "1 .. :Ii 't '.' ~;~ "-0. "_0' ,,*E)l'fEf\lOI'IS1J'IUC1l.IFIAl- ~F::='1=~AAF I I r-'--i 'I' '"'~o~-j 'J ROOI-l,,*, I " I I f-- : ~~I~:~~R[( 96.32' ~ PRDPDBED BITE PLAN AND FLCOFI PLAN EJ REFFR TO CIJRRENr SURIlf:1 FQR c-b G LEGAl. DESCRIPTION ~-.=.... \ A". 01 27 09 "'-.... &.ECTFlICAL NDTEB 1..fO,.EllI$11HGnB:nICIl.~ro~ 2..ou.~rollE(TTHEGROOIlt>>IGrn>E J....u.CORal.Mlr#I.U~VJet 1IGl".<riJBI1G""'~70 4. 1IU. 0EN0m DtWXS swu. lIE CQNPlDll' AENCMD. IlIUSS ~ I<<ltm 5.SMfalN<<J0U1UT~lPllHEIiNlDlCAP RtSflIOOllm...st.ou.mAf43"NF 6..lUHE'lOO!lllUCTllll'SroElECOl'f'ER1tcl stZtDASSPEClfED 15.l_"~ 20A-I'2/l.WG JGo.-'IlWM;l 8-~~~:~R~~P F:Xl<;TING SmUGTlJRE <[- ,~ fJ(jSflN<"l $""" '00 FAVEIllO\JN'fI'D REl':F.f'TA.a..E r- PROPERTYUNE _J_ 95.42' EXISTING 'ON"""" P"'"110 S~ 1l.- - 1'-0. Ll!dENI:I .E OoJI'UXAECEPl",fQ,,[-[)QSfIoIG :;, :~=~ ~ NEW liE IVfU QlJt\.E'f - 0;ISTllIG ..I. lUEJ'HCIIlEOUTl.CT-EIlISl'Nl ~ CATVOUT1.EI'-ElGSf1ltQ $E SWIlUl-EXl5nNO $'" SMT04-f'l[W $'" ~~-llWJCAttD ~: ::::=~ ~R3."l'S'MfCM_~1'ElJ {i~ tUmG rNl - ElClWfe @ 5NOI(l:DDECfQIl .(/ Wf/IDfIl(J\.lII[-DQSI1NG <l<::O..lMG~--MEW ~:~--~ D,Ell!SCQ<tICCT-DlISl1I<<: PRoPERTY UNE F.X1SllNG RECT'RICP1<NElS EXlSllNG aECTI\\CNE1~RS EX1STIHG OVE~~ St~10'P\. It WW J~ OW [( ~ - Z O~ w (/) w z~ w~ ~~ 09 ~~ m " <D "' n .. .. o wi>' wg i"'" Ul I:i ~~ ~w 8m :rz ~o 0>- UlZ ",;>> ~O mm il ~ PRO.JECT 0903 ""no 02-14--09 DRAWN_ LJW - 03'16-09 Q,J'26,09 ~.01'09 06.01.09 07-27'09 LARRY.J WINKER lITUDlD BI!VI!N IIDCA RATON ~A USA B8'! SS7 Bse7 'l~:i From: Melissa Augustin lMAugustin@cityatty.comi Sent: Thursday. July 23. 2009 4:07 PM To: Brooks, Vivian Cc: OJ Doody; Jim Cherof Sub.iect: BBCRA/Women's Circle, Ine Attachments: 20090723165329335.pdf Dear Ms. Brooks Hope all is welL Attached please find the following Loan documents relative to the above subject matter a. Loan Agreement b. Purchase Money Mortgage c. Promissory Note d. Hazardous Substance Certificate and Indemnification Agreement e. Errors and Omissions/ Compliance Statement Should you have any questions, please do not hesitate to contact our office Thank you, Missy ~6a ~tin Legal Assistant to Donald J. Doody Goren, Cherof, Doody & Ezrol, P.A. 3099 E. Commercial Blvd, #200 Fort Lauderdale, Florida 33308 Telephone: 954-771-4500 Ext. 311 Fax: 954-771-4923 Email: maugllstin@cityatty.com www.CityAtty.com I )lSC JalmeJ I IllS ]~-i'vlaJl i~, i..:ov\;:rc>d by lhc Lkt:lrUIlIL <-- 0111mtlnl~'all~ 'n~, I'n \'a,- \ , v \ this r-?vL1ills JIl{('n~kd on!\' fl-'1 u~c ofthc' indl\'ldunl or clHlt~ n~lnK\.i ;thO\t Illh\.' n'd,LI \)1 1)11\ rn;:l; respul1.\ihk' fDl J\.:'Jl'rcnng j! In till..' mtl'l),kJ rCLipicnt \'OU alL' ij\...f\:b~, IHlllClt:<!lllal ;-1]1\ JI: ",11Ul:,t!Hi!1 pndlihll.td II }IHI relTl\t tillS F'.-l\1allln ClTnl. pll..'a:-.c n(.tlf', 1Ih.: '-~jhkl Imml.',ji<1l,h 'h, 'ii, i' d,\ f!l.I\ L'\1[1\' or lL"(' 11 lil! ;!rn pu/"pn'-,t' T!ll[ dhCi\l'~l~ II<-; U)fll('n"- \~\ nlll( I ["'. 1 ,ll:J l~'r!'.II~'~~", l!i!ulI1idl,\1[1 '_,11 :'j I' J"t lh, 1111clllkd tu_lpIVI>l l,r ,'n11"!()' c,' ji! I:" i"' 'I' ~~\r.~jj'I~',llj,!11: ~!lill!'ll;)l!t,J!!('III. ,I!il ',n '/!, p!/'! f11".//T.\PRnnR A MS IV. OR ANTS\ Women's Circte\BBCRA Women's Circle Inc..htm X /7 12009 Boynton Beach Community Redevelopment Agency LOAN AGREEMENT Acquisition Loan TIllS LOAN AGREEMENT ("Agreement") is made on August -' 2009 by and between the Women's Circle, Inc., a Florida not-Cor-profit corporation ("WC") and the Boynton Beach Community Redevelopment Agency, a Florida public body corporate and politic created pursuant to Section 163.356 F.S ("CRA"). .'..1.,':. WHEREAS, the CRA intends to loan sufficient funds to the.', .~a!lowing it to maintain offices in the Boynton Beach Community Redevelopment district. . 4? THEREFORE, In consideration of the mutual agreement an ~. d subject to the terms and conditions herein contained, the parties hereto agree as ~~>>.g~)~~ <"Z,~ A;'v ,.,~" 1. Loan. The CRA shall loan to th,WC the sum of One ($100,000.00) Dollars. l:tf:l "\3\ , \"<,,),,,, /!J~\(,. i~ 2. Promissory Note. The Loan will be evid~~{~5!;~~' a p'iQmissOlY Not~ in the original amount of One Hundred Thousand and.OO/l00 Dollars ($lPO,QOO.OO) and will be payable in the \' ' . ",""", following terms: \~.~~ '%:{j:~~. ., ''',;~..o'~,'' " ~ ", "'<("':;&''f:,::Y' 2.1 Interest. This shall be an\wter oan. 'h~;;'" \\ ",,f'" :!.,e Loan shall B.~,)he dueK;able at the time the any interest , '~~~pperty is coii~~yed or asSigned by WC. , \~!~:;~ \,l\~ ent. .gr1 WC shall no~ye a prepayment penalty. . . iz~g:f~@~:;r"",." y al se- , . Pa)tini~pt;;q::Fthe Note shall be secured by a first purchase I prbR~tfx located"'if 912-914 S.W. 4th Street, Boynton Beach, Palm ore p ,,",., ~ described as: /" See Attached 4. anditions 0 ndin. The obligations of the CRA to perform this Agreement and to ~ake the initi an~irnder the Note are subject to the performance by the WC of the following conditions, ent: ",If'''''' '~"j' ;1': 4.1 Loan Documents. The Loan Documents shall have been duly executed and acknowledged (where applicable) by the appropriate parties and delivered to the CRA by the WC, all in form and substance satisfactory to the CRA. 4.2 Covenant as to Use of Real Properl;y. WC agrees and covenants to that it shall restrict the use of the real property to offices for WC. 4.3 No Default. The representations and warranties set forth in this Agreement shall be true and correct in all material respects and there shall not have occurred and be continuing any Event of Default. Page 1 of6 5, Representations and Warranties. The WC represents and warrants as follows 5.1 No Default. The making and performance by the we of this Agreement will not violate any provision or constitute a default under any indenture, agreement or instrument to which the we is a party or by which the we is bound or affected, the effect of which will prevent the WC from performing the obligations of the we under the Loan Documents. 5.2 Authorization. The we is and will continue toL.be a duly organized and validly existing corporation under the laws of the ~~te~:~! Florida and is duly qualified to do business and is in good standing Jmder th~~ laws of the State of """" Florida. The we and the persons executing tht{li,9~ Documents on the WC's behalf are duly authorized and empowered ,~6/~xectite}<ieliver and perform the Loan Documents. /"., . . "~":'" (')_00,,\ ., 6. Affmnative Covenants. Until pa}'I!l~?in full of the N~~~lT!mless the CRA otherwise consents in writing, the WC will pe%i~,?r cause to be perfonrte~J14e[ following agreements: '. . . . ., ,:- ::' ~""'~ / ' . : 6.1 Notice of Change. The WC will'~'.:~~~mPt written notice to the CRA of: "::.>.., ..:...I"'~ (a) the occurrence of any:~x~.!},!ofDefault; (b)3l1X:,other matter which has resulted in, or might res~lt in, a m~tet!~1,'!'l,~~"erse chang~'~"'~:7;f~ancial ~ond!tion of the we; (c) change ill status of~~at'Pr<?~~?r notIce qfailY hen or VIOlatIOn. 6.2 Oth~:r~ormation. '~th~ /<,wt';'$iU;'iirrhish to the CRA such other inform:f'S!t!oo~~ing the aff~ifs of the .wc as the CRA might reasonably req~1"r~L \!,~{~,\\ .'.'" "'''''!'~ L" .."".:" 6.3 R~iJuired ~w:ance. The w,o.\:"'m continuously maintain in full force and /-effe9~ policit;~?pfl1ti~Pb~aIDi-,~nd' public liability insurance in accordance with /.' ~1l~ " ,,.,,~~ . "\..<f;r, ~:t'th -.......:..- , t ~ rJ' /' , .>-\:1Je:fc;}q1i1r~mentS:ol" e Loan Documents. /<' ~'<T0'J:B;e~ 'i\(;~1JJ.:)~,. /> ,/j~(~t;'h';, . Negativ~ C~y.,~nants:"~~)WC agrees. that until payment in full of the Note,. unless the CRA",w~yes comphanc(l.;'W wntW'g, the we Wlll not create, assume or suffer to eXist any security int&te~ encumbranBf;,;()or other lien (including the lien of an attachment, judgment or execution) seci~~,a charge ~~,!obligation affecting the Property, excepting only: (a) liens created by the Loan DoCif~~,~~; an<l$tb) liens which are being contested in good faith by the WC through the diligent prosecutiq~;~,~~ppropriate proceedings. (;i;-'" 8. Default The CRA may declare the Note to be due and payable if any of the following events occur and are not remedied by the WC or waived by the CRA: 8.1 Nonpavrnent of Note. The failure to pay within ten (10) days when the full loan amount of the Note becomes due and payable as set forth in Section 1.2 herein. 8.2 Other Nonpayment. The failure to pay within any applicable grace period when due any other amount payable to the CRA under the Loan Documents. Page 2 of6 8.3 Breach of Agreements. The failure of the WC to perform or observe any agreement contained in the Loan Documents. 8.4 Representations and Warranties. If any representation or warranty in this Agreement made to the CRA by the WC proves to be false in any material respect at the time of the making thereof or if any such representation or warranty ceases to be complied with in any material respect which results in a material and adverse effect on the rights of the CRA under the Loan Documents or which materially reduces the value of the Collateral. 8.5 Bankmptcy. The institution of bankruptcy, r~#gi:1~}7ation, liquidation or receivership proceedings by or against the WC tha(~s not dismissed within sixty (60) days offiling. 4~;~~ ,6)])' ".~~',I , ;-('i/j" 8.6. ~udgtnent. The entry ~y. any co~( ~~rmal ju ,~~ against the WC: .or whIch mIght reasonably be antiCIp~ted ~~mateqJ1y and adve~~}Y affect the abIlIty of the WC to perform the WC's oblIgations under the Loan Doe, ts. \ . A' 8.7 Construction Liens. The' n(~;,of an#j~cpnstruction li~gs" ;gainst the Property that are not satisfied, released ~oi(~~!~~a: to security ~ithin forty five (45) days of the filing ofJhe lien. ~~l')>> . ?".,. '~~;~" . 8.8 Fatlure to a ,;[l1~ faIlure to 'pay;,:),W,l,Y and all taxes, speCIal ":'i...".-q~.. ~~'~:~t: '':'''' assessment, and or charge "'" "os~R; a govet11rij,~ntal entity to avoid the tax, assessment or charge from be~ming::}:l .,. }t,~l?:,t_.,{;. JiY ~ \:~}.,<fY" ""'~t}j){}P' 8.9 !3~~bitt.ft~ ,of the Corp6~iion. ["., 9. ReA '. n~' currence o;<b_Event of Default identified above and the \-<::".,"!--' failure of the WC to cure ured the sp1e prior to the expiration of the time periods hereafter pro~g~~~,,::~dditi t,,,,,,~~ . d remedies .which the CRA ~ight hold .under the terms ql~y"orelgt:: re of ' ts, the CRA wIll have the followmg remedIes: .. ~;;.;' "'\,;. /,:.' 9.1 itc leration _,,~~CRA may, at the CRA's option, declare the Promissory "';;<'~~ir;'"/ Note to be ~fdiate!y~aue and payable and the CRA will be entitled to proceed at "~(~~)i}.:'w or equi~~t? selectively and successively enforce the CRA's rights under the '<;PO Documcm!S or anyone or more ofthem. '" j;;:,~';/ '<"< iiP' ., e1ttive Enforcement. If the CRA elects to selectively and successively enfol' ,u;'-e CRA's rights under anyone or more of the Loan Documents such action!Will not be deemed a waiver or discharge of any other lien or encumbrance securing payment of the Promissory Note until such time as the CRA shall have been paid in full all sums owing to the CRA. 9.3 Waiver of Default. The CRA may, by an instrument in writing signed by the CRA, waive any Event of Default which has occurred and any of the consequences of such Event of Default and, when so waived, the CRA. the WC and all other parties to the Loan Documents will be re~ored to their respective former positions, rights and obligations under the Loan Documents. Any Event of Default so waived will, for the purposes of this Agreement, be deemed to have been cued and not to be continuing, but no such waiver will extend to any Page 3 of6 subsequent or other Event of Default or Impair any consequences of such subsequent or other Event of Default. 10. Miscellaneous. It is further agreed as follows: 10.1 Cumulative Remedies. No failure on the part of the CRA to exercise and no delay in exercising any right hereunder will operate as a waiver thereof, nor will any single or partial exercise by the CRA of any right hereunder preclude any other or further right of exercise thereof or the exercise of any other right. 10.2 Survival of Representations. All representa~i;ils~:and warranties made herein will survive the making of the Loan ~d:i1:he delivery of the Loan Docume~ts, but all represe?tations and warranYlf\~)~~ herein will terminate on payment ill full of the PromIssory Note, (\' cO':\, \.; ., '~i. 1:: ,<- I O.~ Notices.. All notices, requests/~]:de~~ds will<b~0~~~ed by certified mati, return receIpt requested, as foIl9~s: '\Z :>b /_~, ,;'-: ,.;:~~~~?~!:~;:. f Women's CircJe,'lnc;;, ;;:\" J' Borrower: ,-,~.... I ,.../.. - \\:~~~'~~~~;,;,-, ~- ~ With copy to: Arthur B. ~c~Hf~a, Esq. 105 East PalInetl:6;P~k,Road /;,::::0:" Raton"".(ftj~>< / '",.", \," Lenderii/ Bciy,Qton Beach COlpmunity Redevelopment Agency c'1Ei::C'>;~" 91~,;$outh Federallijg!tway ~, . .". '. 1 'Jot \" ~".~j7 '<:;V!!':'r", BpMP..!Q!l,~Beach, FL\33435 '"<;,":~ "'''--''-'''''','':'''';'''- :;;; ,~::~""~ '<:",i:;Aifil:::H~'Bjigl:1:t;Executive Director ~:it":;~Jt~,"~. '''~;jf~R'" -',,-,,,,'C' /:i"'" With a6ft~~to: Don~d J. Doody, Esquire /:-;:~?/!., ~,grw~ GO'RE~:":~!;~T.;''''C''HEROF DOODY & EZROL P A /~;,AS~h, '\',: ~6Xi:' , . . .' "<.;;;:1{;,. ~, 76 NEFifth Avenue '\,',i:", <,. '~Z!~~>, . oynton Beach, Florida 33483 ~;~~;>;.. fitTelephones: (561) 276-9400 - (954) 771-4500 ~~!b. dil' Fax: (954) 771-4923 or at s;'~~ther address as any party designates for such purpose by written notice. , 10.4 Construction. The Loan Documents have been executed and delivered as an incident to a loan transaction negotiated and to be performed in Palm Beach County, Florida. The Loan Documents are intended to constitute contracts made under the laws of the State of Florida and to be construed in accordance with the intemallaws of Florida. The WC hereby consents to the jurisdiction and venue of any state or federal court sitting in Florida, in any action brought for enforcement of the Loan Documents. Except for the terms defmed in Paragraph 1 of this Agreement, the descriptive headings contained in this Agreement are for convenience only and are not intended to be used in the construction of this Agreement. This Agreement may be executed in multiple counterparts, each of Page 4 of6 which will be an original instrument, but all of which will constitute one agreement. 10.5 Binding Effect. This Agreement will be binding on the WC, its successors and/or assigns. 11. DefInition 'of Terms. As used in this Agreement, the following terms will have the meanings indicated: 11.1 Agreement. This Loan Agreement dated , 2009 entered into by and between the CRA, as Lender, and the WC, as BOl!Ryvet~" /(j);,~~. ,,' /';r~ 11.2 Default. The occurrence of one or morx(F~~p!~ of Default, the failure of WC to remedy the same within the time prov~~ra in "ilii~~greement and the elec- tion by CRA to exercise one or more of CRA's r~p1edies '~q~r this Agreement. 11.3 No"'. The Promissory No'" Jl'~~ount of ;i!~;!!O, bearing the date of this Agreement to be exec:t!~{!' the W@t~d delivered t6';~~~~RA. <, ... " .~t~;I\... t~::JJ ", . .6:i;;"~~ if 11.4 Loan. The loan is in the amount a<\\.Jg,O~OOO:OO to be made by the CRA to the WC pursuant to the terms of this Agreeiii~~~ <{qt'". '~~~1;1;h>. 11.5 Loan Documents. ents exectii~g,)~R~l delivered by WC to the CRA to evidence and sec )the Loan, illgJuding but not limited to, are: ,..,~'" JjJ (a) Promiss?IY Note; (b) Firs '\/r., ch,1,,,,'~.@~;.-;;:~rlgage and Security Agreement; (c) Loan A ent; and other'r~li:l;led loan d ents. 'X~-~~.? tf'~ c. " ~~ ~} 11.6 ~t~ender. \;!";~ Boynton Be~~h Community Redevelopment Agency (CRA). II.f....'1~owe )0~ :Women's 8Hr6{~, Inc., a Florida not-for-profIt corporation ,~~~f~., ~ y ~Vriod r~g August _ 2009. "~\JX!1NESS cf"PF, 1%e"Parties have executed and delivered this Agreement to be effective th't:Fdate first above written. BORROWE~:'ifjl' The Women's CircIelfuc., a Florida not-for-profIt corporation By: , President LENDER: Page 5 of6 Boynton Beach Community Redevelopment Agency By: Jerry Taylor, Chairman H:\2007\070473 BBCRA\Womens Circle Ine LoanlLoan Agreementdoe Page 6 of6 This Instrument was Prepared By: Donald J. Doody, Esquire GOREN, CHEROF, DOODY & EZROL, P.A. 3099 East Commercial Boulevard., Suite 200 Fort Lauderdale, Florida 33308 Boynton Beach Community Redevelopment Agency PURCHASE MONEY MORTGAGE TIllS PURCHASE MONEY MORTGAGE is made and enter~\ this day of ~;',tV - August, 2009 by the Women's Circle, Inc., a Florida not-for-pr~ . !cO'rporation (hereinafter referred to as "Mortgagor") and the Boynton Beach Communi, opment Agency, a Florida public body corporate ~nd politic created pursulnf''v ~~~56 F.S., who~e post office address 915 S. Federal Highway Boynton Bea~~;~L 33435, Bo~t,g.p' Beach, Flonda 33444 (h . aft fc ed t "M rt ") ,I\""".,j' '\i",~ erem er re ero 0 as 0 gagee . {.tt);!i);P;' '<!QM~ A0\~~LY"T . />" "(~i~~ WIT N",,, SET H...:}i;g~ '\'!:',!:j' ~ ~_., ~ ../~1';'~fjF}lV <.:~:' WHEREAS, Mortgagor has simultaneously hete~~#~'uted, and delivered to Mortgagee that certain Promissory Note (the "No. ted of even <da~;~erewith, in the principal amount of , "'.:;"~;1:.:~1)).. One Hundred Thousand and 00/100 $J~OO,OOO.OOH?~~le in accordance with the terms and provisions as particularly stated there b"~ s on 6t~~~:(ore the Maturity Date set forth in the Note, which Note shall include any ion~\Sl'renewaIs thereof, and, which Note, by reference is made ereofto the' 'et:out in full herein. i:.~~'fCY NOW, to see and in this Mortg .<, '. THE MORTGAGED PROPERTY A. Q . AGED PROPERTY: That certain tract ofland located at 912-914 SE 4th Street, Boynton B~i~WFL 33455 (the "Property") and more particularly described as follows: "'V' See Attached Subject to the sole discretion of a majority of the Board of Commissioners of the Boynton Beach Community Redevelopment Agency, Mortgagor is granted an one time option to transfer the subject mortgage to another property located in the CRA district, owned in fee simple by the Mortgagor and equal or greater in value to the real property subject to this mortgage. B. THE IMPROVEMENTS: TOGETHER WITH all buildings, structures and improvements of every nature whatsoever now or hereafter situated on the Property, and all fIXtures, appliances, equipment, furniture, and property of every nature whatsoever now or hereafter owned by Mortgagor and located in or on, or attached to, or used or intended to be used in connection with the Property, or other improvements, such as, without limitation, all apparatus, machinery, appliances, equipment, awnings, and other furnishings, plumbing, heating, laundry, air-conditioning, lighting, and fIxtures and appurtenances thereto and all built-in equipment and built-in furniture, all extensions, additions, improvements, betterments, renewals, and replacements to any of the foregoing or articles in substitution therefore and all of the right, title, and interest of Mortgagor in and to any such property together with the benefit of any deposits or payments now or hereafter made by and/or to Mortgagor or on its behalf (the "Improvements"). " C. PERSONAL PROPERTY. TOGETHER WIlli a ,~Wity interest in (i) all articles of personal property and all materials delivered to the property qe(6.HB~d in paragraphs A, B, and C hereof, from time to time, and owned by Mortgagor; (iil~-@j,'::Sbiitt~<<;l! rights, licenses, general tangibles, actions and rights in action, including all riggtS\t8' insuifu{~:.proceeds, and (iii) all proceeds, products, replacements, additions, substitutio,x,6;lJenewals, anliq~~~ions of any of the foregoing. Mortgagor hereby grants to Mortgagee af~~URty interest in all tiXtW~!5., rights in action and personal property described herein. This M9;l~f/is a self-9Perativ~ secUH~~~eement with respe~t to such property, ev.en though Mortgagor agr~~~o exec~~~.~d dehver o~ dem,~d such oth.er secunty agreements, financmg statements and other ms~ . ~may request ill order to perfect Its security interest or to impose the lien her~gf more specifi::., 'n any of such property. Mortgagee shall have all the rights and remedies in,fut4itiol!, to those sP6C ,.~d herein of a secured party under the Uniform Commercial Code (the "Code"k.~~)tiS~~~~d that tlli~"MQrtgage shall constitute a Security Agreement within the meaning of the C~4~, M()~~~Fe",shali;<fr2m" time to time, on request of Mortgagee, deliver to Mortgagee an inventory' of all ~li'cli::aJti(;l~s cl<personal property in reasonable . r";<r,~ ";':'~' 6,~j~f,f(.p'" ""~.':;:""}'i:':,':~~'..,~ .. detaIl. Mortgagor coven~1?,:'~4;LJ~presents'J:h,~1:f;i.ill~such"per.~~~al property now IS, and that all replacements thereof, ,~9~~tioni(:i!h~refore .'ti9pf:additions thereto, unless Mortgagee otherwise ,1(>""'" ''''C'''iI ,,"',', consents, will be fr~~:t,~d clear ofl~p.perior li~;\ encumbrances, or security interests of others. .t. ...;. "' ~:~ t". .,'..' . i ..:' I:~, -'j., Furthermore, in the 'Ei~pJ of DefalltW;:the parties agr.~~ that, in the event Mortgagee should elect to proceed with respect td';"~~)g;)P~Rt~~~g~Rr~~6~~~ five (5) days notice of the sale thereof shall be reas~~~jI,~~j'};1~l~~~\~>C"' '\~j~\'~tj1':~: '<z.'~';):j'~ //::J;~.fHAVE ANP:,.r.O HO,pp"the same, with the tenements, hereditament, and appurtenances /', ,( ,,'..' ,"" ',". ,""".",,," there~!<?,belonging unto~~~~agee<9)\> " ", '. ..:-,:\\ <,;\7 ':, '", ,~ \:-/--'>\. ~~FORE Mon:g~o.r covenants and agrees with Mortgagee as follows: "~'::"t" 1.;,'2 1. '~Vt' an fTftle. Mortgagor is indefeasibly seized of the Mortgaged Property in fee simple; that Mort . ....ll power and lawful right to convey said property in fee simple as aforesaid; that it shat ': " wful for Mortgagee at all times hereafter peaceably and quietly upon an Event of Default (hereinafter defined) to enter upon, hold, occupy, and enjoy said property; that said property and every part thereof is free from all liens and encumbrances, except from the current year's taxes which are not yet due and owing; that the Mortgagor will make such other and further assurances to perfect the title to said property in Mortgagee as may hereafter reasonably be required; and that Mortgagor does hereby fully warrant the title to said property and will defend the same against the lawful claims of all persons whomsoever. 2. Taxes and Liens. 2.1 Mortgagor shall deliver to the Mortgagee receipts evidencing the payment of all liens, levies, and assessments for public improvements within thirty (30) days after same shall 2 become due and payable; and to payor discharge within thirty (30) days after the due date, any and all govemmentallevies that may be made on the Mortgaged Property, on this Mortgage or the Note or in any other way resulting from the mortgage indebtedness secured by this Mortgage. Mortgagor shall have the right to contest the payment of ad valorem real property taxes pursuant to an in accordance with applicable state and local law. Mortgagor agrees to supply proof of such contest to the Mortgagee on or before April! of each year. 2.2 Mortgagor shall not permit or suffer any mechanic's, laborer's, materialmen's statutory or other lien to be created or to remain a lien upon any of the Mortgaged Property, but in said event, Mortgagor agrees to remove, vacate, or bond off any such~~ within twenty (20) days thereof. A(:0~~~frr 2.3 Notwithstanding any other provision Qf$Ws'MiJftg!l8e, Mortgagor shall have the right to contest any taxes, liens, and charges providedJt ptbbeeds ~tft4.ue diligence and gives Mortgagee adequate insurance by bonding such disput~!M~~fi's or by depo~~~.;!he amounts of such disputed taxes or charges with Mortgagee, which de, 'd amounts shall be re~ed to Mortgagor, upon resolution of such contest and evidence off. agor's compliance witli~;an);J.determination :;. '.;:Z;-~ 1%~"~ thereof '':'it,,;;' . ;..~;;.,. 'o:r." 2.4 In the event o(;,the passage, . te of this Mortgage, of any law changing in any way the laws now~!;t~~"tor the tax '.; of mortgages or debts secured by mortgages, or the manner of the collecg,Q~~eotI~y. such taX ,,9 as to affect this Mortgage, or \,,".'~I~ '.....-.:.._,~.,>.1'~ .,..~~~ imposing payment of the whole or any partion of~y::~es, asse~$qlents, or other similar charges \::!:.;'.:.i':t... "'x::.:",:;':'~'~."~~ '\:'~~'t:f.~.tb against the Mortgaged Prope~ upon Mort~e,:~, the;p,:9~~t~e,Ss se9Ured hereby shall immediately become:~and;(~J~~P' ~',&~, 3.1 Mo~or shmo:.:roai.Dtain.,propef!:Y, insurance with a reputable and highly rated . or ~il!R~lgl:"irCe~~d~fiij~i!Qrlda and reasonably acceptable to Mortgagee, iniPit'" ents now or h~reafter located on the Mortgaged Property and all nt and ",,~g!ble "":<", nal property encwnbered by this Mortgage, for an amount not eir full insurii'bl~ ue'o#!!:t.,replacement cost basis, without contribution or coinsurance ,insurance and agree'di]tlmount endorsement), for the' benefit of Mortgagor and eir interests appear, by policies on such terms, in such form and for such periods require 0 rove from time to time, insuring with extended coverage and broad form coverage 10 age by fire, lightning, flood, windstorm, hail, aircraft, riot, vehicles, explosion, smoke, ,.:. :.;. ects, collapse, sudden tearing asunder, breakage of glass, electricity, sprinkler leakage, wj~i_age, earthquake, vandalism and malicious mischief, theft, riot attending a strike, civil commotion~war risks (when and if war risk coverage is available), and when and to the extent required by Mortgagee, against any other risks. Regardless of the types or amounts of insurance required and approved by Mortgagee, Mortgagor shall assign and deliver to Mortgagee all policies of insurance which insure against any loss or damage to the Mortgaged Property or any part thereof, as collateral and further security for the payment of the Loan. 3.2 If Mortgagor defaults in so insuring the Mortgaged Property or any part thereof or in so assigning and delivering the policies, at its option Mortgagee may effect such insurance from year to year and pay the premiwns therefore, and any such sums advanced by Mortgagee shall bear interest, shall be paid and shall be secured as provided herein. 3 3.3 If Mortgagee receives any money for loss or damage by reason of such insurance, then Mortgagee at its option shall retain such proceeds and apply them toward the payment of the loan (in the order of priority Mortgagee may deem appropriate in it's sole discretion) or disburse them to Mortgagor, under such safeguards as Mortgagee shall deem appropriate in its sole discretion, for the reconstruction or restoration or repair of the damaged Improvements, but Mortgagee shall not be obligated to see to the proper application by Mortgagor of any such disbursement. 4. Damage or Destruction of Property. If the Mortgaged Property or any part thereof is damaged by f1r~ or any other cause, Mortgagor will give immediate ~~et:!,notice of the same, upon knowledge or dIscovery of same by Mortgagor, to Mortgagee. ,,//L'/ 4.1 Each casualty insurance policy shall provi4r1h~f,ih:~:l?roceeds of insurance paid on account of any damage or destruction to the Mortgaged ,E~~ or ~Y':Pl:!rl thereof, shall be paid to Mortgagee. Mortgagor shall promptly deliver to Mo~~~~ any Proceed&::'~4jch are paid directly to Mortgagor by the casualty insurance carrier or./ky,;'any governmental ~o~~~i-govemmental authority. In the event of damage or destruction,,,t~~~'Mortgageq Property or 1uiY.:)prtion thereof, whether insured or uninsured, or if any part of the;JI{~rtgaged Pt;Op~rty shall be phys14~lly damaged through condemnation, Mortgagor shall, as set. fo~ "a?~~~~, ~~~)PiInediate "?tteo. ndtice thereof to Mortgagee and Mortgagee shaH have ~~.. optIon, m Its'~9:1r/9Dd absolute dIscretion, to apply any portion of the Eroceeds to the payment\~f;tIic:l" debtedness'eVidl;mced by the Note, or to allow all or 'r'-.'.~"i~' ',..,-';'.'r:,'),. any portion of the Proceeds to be used fo!,,' ation, rePaiJ:;~'9r replacement of the Mortgaged Property or applicable part thereof under siit!\on I '''''~.~);';:: b~::~~?liShed by Mortgagee. ~";~~c...." . \{:~-~'fl" ,~~~~_~,},;ti:~ '- 5. Mortg:ag:ee'sRi~lto Perforni01tpon'! e aultS"ilfMortgagor. If Mortgagor defaults in the payment of any ta~<~~~tssm~ht~~ep.cumbriill~l;i:;& other imp'6sition, in its obligation to furnish L':"-',';(:'~',i" "'~ ;"::" _ \'I,.~..;.l, insurance hereunderAF~ the perforrli.ilii,ce or obse~!lIlce of any other covenant, condition, or term in ~is Mortgage, Mortg~~"may, at iti,fiption, perfo~~gr observe the same without waiving any rights It may have hereunder;iij~_.",all . ,;m~~~r,{wh~tber such payments are regular or accelerated payments) . ,~~~.an~':~~r:tt" mcurf&r::pt~l'by Mortga~ee in connection therewith shall become , . Y~~~~~~f~~f~ly under the terms of the .Pr~nussory Note executed by ~orrower. The ..:",",. ts so mcuri~:;pr paldJ?x..Mortgagee, together WIth mterest thereon at the 'maxunum rate penffiif&a by applicable"'l~:W~;fro~r'~~}Mte incurred until paid by Mortgagor, shall be added to the :z,' \t:c'.~ "1'.' ,,', indebte ,f) and secured byl.~~ lien ot)his Mortgage. Nothing contained herein shall be construed as requ. " rtgagee to ad"""ce or expend monies for any purposes mentioned in this paragraph, or for any 0" !lTPose. M gee is hereby empowered to enter and to authorize others to enter upon the Mort 0 ., any part thereof for the purpose of performing or observing any such defaulted covenan,'s or terms, without thereby becoming liable to Mortgagor or any person in possession holdin~' Mortgagor. 6. Event of Default. The term "Event of Default, 11 wherever used in this Mortgage, shall mean anyone or more of the following events: 6.1 failure by Mortgagor to pay within fIfteen (15) days of the Maturity Date or interest as required under the Note. Failure by Mortgagor to pay prior to their delinquency any taxes, aSsessments, liens, charges or any insurance premiums required under this Mortgage; 6.2 failure by Mortgagor to duly keep, perform, and observe any other covenant, condition, or agreement in this Mortgage, any other instrument securing the Note or any other instrument collateral to the Note or executed in connection with the sums secured hereby for a period 4 oftbirty (30) days after written notice of breach. If the nature of the default is such that it cannot be cured within such thirty (30) day period, Mortgagor shall not be deemed to be in default hereunder so long as it proceeds in good faith and with due diligence to cure such default; 6.3 the assignment for the benefit of creditors, or the admission in writing of an inability to pay any debts generally as they become due, or the ordering, the winding-up or liquidation of his affairs, by Mortgagor; 3.4 the commencement of a case against Mortgagor under any insolvency, ban1ouptcy, creditor adjustment, debtor rehabilitation or similar la~h.state or federal, or the determination by any of them to request relief under any insolvencY",Jiil!.t~ptcy, creditor adjustment, debtor rehabilitation or similar proceeding, state or federal, incl~l9A1&;:without limitation the consent by any of them to the appointment of or taking possession by a,;f~veffijquidator, assignee, trustee, custodian, sequestrator or similar official for it or for any o9ts~~ectiv~1?'f?P~rty or assets, and such action is not discharged within sixty (60) days after co . -:~ent; or "-i<;~!Elr, ",~,;:".,(:~). ~;{~\{;;~~~~~. 6.5 the conveyance of any iQ:",,:._ either legal, equitable 6i',~jJ'-epeficial'in the real property which is subject to the Mortgage. C6~ffy.ance of "~:1interest shall ~tjq~e, but not be limited to, sale, lease, entering into a Contract for Dee' ' . . ..l~,t1'1.~ 7. Mort eels Ri t to Efiter,:and Take Pos ' erate andA I Income. Upon "', ,..'.,."..~. ''':.:~ ..~ ~.l.", ,~t!. an Event of Default, Mortgagee shall hav~);ll~{QlIQmng rightS~~C:! remedies (but not the obligation) \.~:..~, ";';"-'\-""~",:"I; 1~~ ,,+,...~,~ available in connection with the Mortgagea,;' peny~:F'\V" ~~':;}~~>,> \- ~:\ ~,~f;).~" .., ..\:~~;;.) 7.4 ~~~nl,,,~?on d' , iM~ ;,:~e, shall forthwith s~ender to Mortgagee the actual I!,' SIon, and,:'jf and t6\ ent penmtted by law, Mortgagee Itself, or by such officers and a it may 'tf~ oint, m~ ter and take possession of all the Mortgaged Property, and may ei:~,'. Mortgag d its agen ;~,d employees wholly therefrom. , \S~1} ,d(;.7!!Trh'?l':- , '; "'!<~~~ 'ason fail to .surrender or deliver the Mortgaged Prope~<~!~Y:'PiU1:~~of1i~l~ortgagee's demand, Mortgagee may obtain a judgment or decree conf~~~;6n Mortga~~~),ri~ttm1~ediate possession of all or part of the !"1ortgaged Property ~o Moftmee, to the entry o:f,>>'hich Ju~ent or decree Mortgagor hereby specifically consents. TIus ",'~'-'-" '":,,,'Y, ~,,~;~ p~~;;:,~~_~ubjec~ to any"~~f d~fe~~s that the Mortgagor may possess, and Mortgagor does not waIve SUCIl((I~f~~se m connectt. WIth thIS paragraph. ~~~;~{~;}~ :",~-i'!,~ '\7~~,~!,,, .:':',"'gor shall pay to Mortgagee, upon demand, all costs and expenses of obtaining such j~gm' :'decree and reasonable compensation to Mortgagee, its attorneys and agents, and all sucii<'j" " expenses and compensation shall, until paid, accrue interest at the maximum rate permissi6le under applicable law and be secured by the lien of this Mortgage. 8. MortlZalZee's Power of Enforcement. If an Event of Default shall have occurred and be continuing, which Event of Default has not been cured within ten (10) days for monetaIy defaults and thirty (30) days after receipt of written notice for non-monetaJy defaults, Mortgagee may, either with or without entry or taking possession as hereinabove provided or otherwise, proceed by suit or suits at law or in equity or by any other appropriate proceeding or remedy: other right; 8.1 to enforce payment of the Note or the performance of any term hereof or any 5 8.2 to foreclose this Mortgage; and 8.3 to pursue any other remedy, legal and/or equitable, available to it herein granted and/or under applicable law. 9. Suits to Protect the Mortgaged Property. Upon an Event of Default, and after the expiration of all applicable grace periods, Mortgagee shall have the power and authority, but not the obligation, to institute and maintain any suits and proceedings, as Mortgagee may deem advisable: 9.1 to prevent any impairment of the Mortgage(;kfi.:Qperty by any acts which may be unlawful or any violation of this Mortgage; ./' <i -:~'J;.~~?~:, 9.2 to preserve or protect its interest in tJ;1~'Mo~~f;:d Property by seeking the .~,._': ....'... ....._,::.v,~ appointment of a receiver, Mortgagee shall have the right 1;9. fl:pply for tlieJippointment of a receiver /"i'''- "~"':" of the Mortgaged Property and the rents and profits th.~~t:0'and Mortgagee;:~~~l be entitled to the appointInent of such a receiver as a matter of ri~}wii:hout consideration~8'f;.Jhe value of the Mortgaged Property as security for the amounts d~~;Mortgagee or the solvency"of;lwY Obligor. To the extent permitted by law, Mortgagor hereby $1rlX~~ any rigtl!ft~.object to the ~pp'()intment of a rec~iver 'as aforesaid and expressl~ consents that sdc~j~~r~~efu shall be made is an admitted equIty and as a matter of absolute nght ~~~~gagee; an(l;;<;t~:;~/ J O~ Delay or Omission No Wiu~~&rNQ~del~y ~r'aM&~i.on of Mortgagee or of any holder of the Note to exercise any right, power, ot~:r~~edY'i~~~~ UPOd;~~~vent of Default shall exhaust or impair any such right, power, or remedy Q~:$all b~qQ:D:s'i$.t~~ to waive any such Event of Default or to constitute acquiesc~p~(~~~~~, EverY\fj.~~g~~r:'~d!~!nedy given to Mortgagee may be exercised from time t~~~and aso~~ as may~:~~~emed expedient by Mortgagee. //~.~.;),>~ .' X~.; ..~;} \~,~.'~~1\ 1 J . No'Wiiver of One/Default to AffectAnother. No waiver of any Event of Default hereunder shall extend'(o)~~ aff'~~r'~Y:~~1:l~,c:lq1.!enf{~r]'any other Event of Default then existing, or .",. "'-" /."'/" ,,'" -~,...":""",,;,,..> -~, '\ ,,' impair any Q@ts.~~l?pwers,"otl~p:i~dies coii:~iequefiftb.eieon. If Mortgagee: /10};:J9lli:Z'~~1~(", '\{?J5>. . ." A::>f 11.1 "'~[~ts fQt~c::~ance or an extension of time for the payment of any sums sec~:hereby; '~I"\.' "zS3':':;> . \i~!;,\" ,.0 "'<'>'" 1 J .2 takes:.9!!Jer or additional security for the payment thereof; '\<~>"~ lDY;j '<(}l@, w~y,~~10r does not exercise any right granted in the Note, this Mortgage or ~,..,t~ ~:r~\"-"f:7.d. any other instrumeIit~,gthe Note, I 1.4 release any part of the Mortgaged Property from the lien of this Mortgage or any other instrument securing the Note; or 11.5 makes or consents to any agreement charging the terms of this Mortgage or subordinating the lien or any charge hereof, no such act or omission shall release, discharge, modify, change, or affect the original liability under the Note, this Mortgage or otherwise of Mortgagor, or any subsequent purchaser of the Mortgaged Property or any part thereof or any maker, cosigner, endorser, surety, or guarantor. No such act or omission shall preclude Mortgagee from exercising any right, power, or privilege herein granted or intended to be granted in case of any Event of Default nor, except as otherwise expressly provided in an instrument or instruments executed by Mortgagee, shall the lien of this Mortgage be altered thereby, 6 12. Further Encumbrances. In the event any additional mortgage or encumbrance is placed upon the Mortgaged Property, payment of the entire indebtedness secured by this Mortgage shall be accelerated and become payable in full, at the option of Mortgagee. 13. Notice. Any notice, report, demand, or other instrument authorized or required to be given or furnished under this Mortgage to Mortgagor or Mortgagee shall be deemed given or furnished when addressed to the party intended to receive same, at the address of such party, and delivered at such address or deposited in the United States mail as first class certified mail, return receipt requested, postage prepaid, or by hand delivery or expedited c .4~l!such as Federal Express) whether or not the same is actually received by such party. All no:,.. ''''ven hereunder shall be in writing and addressed as follows: .. ,/~;'~J;~ /t:if/[/jt~ '~;:)i~~ As to the Mortgagee: Boynton Beach CommuniJX 1tl:l' eveloprll~~,' gency 1"'.-"". ~, 915 S. Federal High~~~~;)' " Boynton Beach, Eth: 3;435 ,,:,". <;e:;; Attn: Lisa Bright," With a copy to: . utive DireBtdr '<~!~1l!!;~, <Wi~,;lj:,y Donaldl,.,Doody, Esquif~. ':,:::,," Goren~Qhlr9f. Doody & Ezr<ll;P A. F'<ifth"""'~\'.!4~ ";G;":';"~, 76 NE, 1\.venue. ''i+,'1" Delra B'€'~b, F1:5'fi'da"'33483 ~,~\?>." 0'<[1:011:05 E. Palmetto Park Rd. ....:.:;,'~.~;"r.-r. 'a()c~ Raton, FL 33432 '~<~{~;~i:~: , e heaCiifigs of the sections, paragraphs, and subdivisions of this reference only, are not to be considered a part hereof and shall not t any of the terms hereof. IS.Inv .~. sions to Affect No Others. In the event that any of the covenants, . agreements, terms, oi~~isions contained in the Notice, this Mortgage or any other instrument securing the Note shall be invalid, illegal, or unenforceable in any respect, the validity of the remaining covenants, agreements, term, or provisions contained herein and in the Note and any other instrument securing the Note shall be in no way affected, prejudiced or disturbed thereby. 16. Governing Law. This Mortgage is to be governed by and construed in with the laws of the State of Florida. 17. Required Notices. In addition to any notice requirements contained elsewhere in this Mortgage, Mortgagor, upon knowledge or discovery of said event, shall notify Mortgagee promptly of the occurrence of any of the following: 7 I 7.1 a fire or other casualty causing damages to tbe Mortgaged Property or any portion thereof; 17.2 receipt of notice of condemnation of the Mortgaged Property or any portion thereof; 17.3 receipt of notice from any government or quasi-governmental authority relating to the development, structure, use or occupancy of the Mortgage Property or any portion thereof;'> , commencement of any litigation affect,mi',fh,e,.,Mortgaged Property or any 17.4 portion thereof; or -'.' ~;- /" . 17.5 the filing of any lien filed bf:fuiy contractor~~b~contractor, sub-sub contractor, or materialman providing materials and/o~,~fV,16'~s to the improve~~tif;(>fthe Land, /'>;'/ . ". ';:"-;"':9 c' ':':", . 18. Compliance with Law. . Mortgag~fJ\~~~ants /~~~;~epresents that'~b~gagor has comphed, and shall hereafter comply, With all vahdl~w~, ru1~~~~ordmances, and regulatIOns of the '(X-" "-"!i"""'''' Federal, state and local government, ang all agencies 8:Qi::t(sybdivisions thereof which laws, rules, t'.;.,'>.. "'.......:;'.'11..,,;.;- ordinances and, regulations apply or relite)bthe Mortgageaj~J:()perty and the use, development and "',"'':'" ,"', ',,/".... construction thereof and of improvementSjigw~Qi:P~r~~after locat~clfl!ereon or on a part thereof \t.-'~>\ -'<~'::C~j:'~ ~;:"~:!'~::"_c,~ , ~"'<7::.,.,.'~ 19. Attorney's Fees. As used iliJthis Mor,ig~~j@~t_allbQan Documents, attorney's fees .,....,:...l.___.)'-~ ~',", .:~'~. ./, ;":>~_" ....'\"::'-.':..}:_~,.!.... shall include, but not b~f:1~fulte<1;::to, reasoba:I~~!(},(,'f~es' inciii'r@~~ID all matters of collection and enforcement, constructi~t~~llrit~~rtations\:~K?j.'f, during aDd after suit, trial, proceedings and appeals, as well a~,~p'garances i:ij:t~~d conn~~~ with appellate, supplemental or bankruptcy proceedings, or credit'9rn\reorganizat!\j;Q! or arrangeq'i~At proceedings, '\:J:F~.". ~':;;_~",,~~., \,;} 20.,<,.,;,;:Nenue. M~ftg~~~t'agr~~s:4hiit:'~~\Beach County, Florida is the proper venue for :.;-y an1J~.tJ)leg~fp'~<w~,ediri~%~~~ing out of this Mortgage, the Note and any associated loan oc~S~~:, ; , '<':':":>';': \:t<':~~:r" "<+J>,., Indemnification. Mofj:gagee is the lender only and shall not be considered a sharehold~WjQ!nt venturer o't'R).rtner of the Mortgagor. Mortgagor and Mortgagee intend that the relationship bi:e~d under thi~:Mortgage and all other Loan Documents are solely that of Mortgagor, and Mortgage~~~~~gthing1,~~in or in any of the Loan Documents is intended to create a joint venture, partnershlpj;0:te,n.:'::8i!bY' in common or joint tenancy relationship between Mortgagor and Mortgagee, nor grant"t(j'i!Jortgagee any interest in the Mortgaged Property other than that of creditor of Mortgagee, it being The intent of the parties hereto that Mortgagee shall have no liability with respect to the Mortgaged Property. Mortgagor hereby agrees to indemnify and hold Mortgagee hannless and defend Mortgagee against any loss, liability, cost or expense (including without limitation, reasonable attorneys' fees and disbursements) and all claims, actions, procedures and suits arising out of or in connection with the construction of the single family residence on the land, 22. WAIVER OF JURY TRIAL BY ACCEPTANCE HEREOF, THE MORTGAGOR AND MORTGAGEE MUTUALLY AGREE THAT ALL PARTIES HERETO DO HEREBY KNOWlNGL Y, WlLLINGL Y, AND VOLUNTARILY WAIVE THEIR RIGHT TO TRlAL BY JURY, AND THAT NEITIIERPARTY, NOR ANY PARTNER, ASSIGNEE, SUCCESSOR, HEIR, OR LEGAL REPRESENTATIVE OF THE PARTIES (ALL OF WHOM ARE HEREINAFlER 8 REFERRED TO AS TIIE "PARTlES") SHALL SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAl1v.I, OR ANY OTIIER LmGATION PROCEDURE BASED UPON OR ARISING OUT OF TIlE MORTGAGE OR ANY INSTRUMENT EVIDENCING, SECURING OR RELATING TO TIIE INDEBTEDNESS AND OTHER OBLIGATIONS EVIDENCED HEREBY, ANY RELATED AGREEMENTS OR INSTRUMENT, ANY OTHER COLLAlERAL FOR THE INDEBTEDNESS EVIDENCED HEREBY OR THE DEALINGS OR THE RELATIONSHIP BETWEEN OR AMONG PARTIES, OR ANY OF THEM. NONE OF THE PARTIES WILL SEEK TO CONSOLIDATE ANY SUCH ACTION, IN WHICH A JURY TRIAL HAS NOT BEEN W AlVED, WITH ANY OTHER ACTION, IN WHICH A JURY TRIAL HAS NOT BEEN WAIVED. TIIE PROVISIONS OF TIllS PARAGRAPH HAVE BEEN FULLY NEGOTIATED BY TIIE PARTIES. THE WAIVER CONTAINED.:jiEREIN IS IRREVOCABLE, CONSTITUTES A KNOWING AND VOLUNTARY WAIVE~~ SHALL BE SUBJECT TO NO EXCEPTIONS. MORTGAGEE HAS IN NO WAY AG~~'ij'Wil1Et OR REPRESENTED TO .(; ;,'': "-.;,.~'" ",\..~,~I.:...,'" ANY OF THE PARTIES THAT THE PROVISIONS QE:,TIfis PA.R1\Q;JMPH WILL NOT BE /:l-;;\~"~;:~. '-;:~ ~:;::::':.-" FULLY ENFORCED IN ALL INSTANCES. A;\,9,'c':1;';:q~>. ,~~~;.:~\tti;j:V \~{{.0~~~ IN WITNESS WHEREOF, Mortgagor h~;~~~tuted this Mortgage as '6fJf,h~, clay and year first above written. '''':;(~(:'~~;j':)l' /~~11'i2p;, "'<r.f;:~ Signed, sealed and delivered /;:'~ MORTq~~,()R: in the presence of: (+::,~.&:?1~-">,, The Wome~':s..Circle, Inc., \\fi:1\"Z;;i!;[~~LFJorida not:.fi)P-:::profit corporation dAW!~" '~\.','~..::.~~~~l~~> /., ,'" '~';':;'.,'.'!::~'-. . B' "y P -d .(/:~1;~]~~/;" '\:;\ \~"i;t ' reSl ent C~;~~~~~t~~;~~S1W:0r?!~) Print Name "~\,, Print Nalfie" ....",,". ";'~;:~"~. (~G~f~~,:Y.. '",..~..,.1\.,...:.,.,;,~.....,.t..,...,.:.,}....,.~.".,'.'. ....r :'.. :;~;!~. '\F" '\Sjii)> STATE ;$~ORIDA ~~i~11~ COUNTY dE~ ' M BEA;:-" ~. ..- The foregoing in acknowledged before me this _ day of , 2009 by , Pent of the Women's Circle, Inc., a Florida not-for-profit corporation, on behalf of the corporation, who is personally known to me or has produced Florida Driver's License as identification. NOTARY PUBLIC 9 H:\2007\070473 BBCRA\Womens Circle Ine Loan\PM Mortgage.doc lO Boynton Beach Community Redevelopment Agency PROMISSORY NOTE Acquisition Loan $100,000.00 Boynton Beach, Florida August , 2009 FOR VALUE RECENED the undersigned, the Women's Circle, Ioc., a Florida not-for- profit corporation (hereinafter the "WC"), promises to pay to the Boynton Beach Community Redevelopment Agency, a Florida public body corporate and politic created pursuant to Section 163.356 F.S., (hereinafter the "CRA"), whose address is 915 S. Fec!~ral Highway, Boynton Beach, Florida or such other place as the CRA hereof may, fro~~e to time, designate in writing, ~~".'.'I:;.r ...,'~ the principal sum of One Hundred Thousand and 00/100 (~l!J.Q,OOO.OO)J)oUars, the aforesaid principal sum as hereafter provided to be paid in lawful mQti.Wof1Q~ Uni~ States of America, which shall be legal tender in payment of all debts and dues, ubli6~d pri~~, at the time of payment as follows' ....~ ~>c 'i;jtc,.. . ..i";~ "'~~ "'~2 '~~<t;i,), This Promissory Note (hereinqfter th~ te 'J shall not accrue inte~~~t. The Note shall be due and payable in full on t: ,~ the W, 's interest in the Sih$.{~'ramily or Prol!erty (or its b~neficial interest in .'fill~r lJlI.t0;~f the ~PropertyJ<ii>sold or otherwlse, transferred. Tl~ffd!ate of closm;:'s~1Img'Qr assignment 6f the we's interest shall be conside~.e.'j~'~l..:~~!...ur. ..ity Date. '" (, \), ',.", ,. ~..,. It is hereby agreed that if~~y pl~~~i~~fprincipal is .~. .,,~"twithin fifteen (15) days of the ~ ~~~ ..~ Maturity Date as above . ded; or in the~~event . ..~~ be ma 'the performance or compliance with any of the coven .nditions of~~.s'~ 'ti~e,e.me now or hereafter in effect securing payment of this NQ!~i upon an'l~efault in" ayment pl}fiy sum due by WC to the CRA under any other promisso~ . security \lhstrument:other wrift~ obligation of any kind now existing or hereafter crea.teg; or upon ." ',~ in ,.,i bankrup~ Q.f:;dissolution of the WC hereof; then, in any and .r,;~"'~~'",," . ,\~ , ..'.'0......~..1 all such ey.,~.fS;:th~8~e amou ci~f ~tNote with all interest then accrued, shall, at the option B~1;HE; holder of~ No '" d without 1i0ti...$ {the WC expressly waives notice of such default), become1an:if.,be due and ~oU~ctIbl~1;ime being of the essence of this Note. If this Note shall not be paid at the M'~ty Date or~1lc,cordin . ~ tenor thereof and strictly as above provided, it may be placed in the h'8il~, of any att1w.ey at ''''Y' f?r collection, and in that event, each party !iable .f?r the payment thereof, as<WC, endorset~ or otliecwlse, hereby agrees to pay the holder hereof, m addItion to ,I'%., \.... ~e sums above stated;'~!{eason~Je ~um as an attorneys fee, .which shall include a~orneys fees at ~e trial level and on appeal~,,\r WIth all reasonable costs mcurred. After maturity or default, thIS Note shall bear interest at ,,,.;. gbest rate permitted under then applicable law. ~.~1' As to this Note and any other instruments securing the indebtedness, the WC severally waives all applicable exemption rights, whether under the State Constitution, Homestead laws or otherwise, and also severally waives valuation and appraisement, presentment, protest and demand, notice of protest, demand and dishonor and nonpayment of this Note, or any payment hereunder, may be extended from time to time without in any way affecting the liability of the WC. Provided the CRA has not exercised its right to accelerate this Note as hereinabove provided, in the event any required payment on this Note as hereinabove provided, in the event any required payment on this Note is not received by the CRA within fifteen (15) days after said payment is due, we shall pay the CRA a late charge of five percent (5%) of the payment not so received, the parties Page 1 of2 agreeing that said charge is a fair and reasonable charge for the late payment and shall not be deemed a penalty. This Note is prepayable in whole or in part at any time without penalty, Nothing herein contained, nor in any instrument or transaction related hereto, shall be construed or so operate as to require the we, or any person liable for the payment of the loan made pursuant to this Note, to pay interest in an amount or at a rate greater than the highest rate permissible under applicable law. Should any interest or other charges paid by the WC, or any parties liable for the payment of this Note, result in the computation or earning of interest in excess of the highest rate pennissible under applicable law, then any and all such excess shall be and the same is hereby waived by the holder hereof, and all such excess shall be automaticallY"sr&titep against and in reduction of the principal balance, and any portion of said excess which exc . PHn~.ipal balance shall be paid by the holder of the we and any parties liable for the' paymeq,\6 ~0>!oan ]jade pursuant to this Note, it being the intent of the parties hereto that under no circum~~esslial1,the WC, or any parties liable for the payment hereunder, be required to pay interest,iii'exc~s',of the()~ghest rate permissible under applicable law. "</, ~<': "'" '~;:'... ,',','. "~~~\" This Note is to be construed accordihlftq, ,J:!1e appt;..cable laws of the S~te )~f;:Florida and the United States of America and venue shall be in PaIIDBeach'Cqunty, Florida. ),?t/ .~,~.. /.~. ::.:.;<~. { '>;:' . .'. ,,, :';(~,The Women'~'Circle,-Inc. "::~:,\,~:;:,,- -. ..... .......::;;7.:..~." "'. i~::?/ '<,~ By~\,>,(:;;:;/ ,- .'!;~;: ;'(-' " \.: ~;,-, ~;'~--;~::'<\'''' \ < \<:\ H:\2007\070473 BBCRA\Wome~~}qkcle Ine L9~\I>romissOry No~g!~,!e _ ,<?,~:;:.:,:}:::d=,>> ,,)11i:' ':;/!' "<:::";.fresidetit ....:<.:,~(\ )',:J~:';~ !- }.';'; Page 2 of2 Boynton Beach Community Redevelopment Agency HAZARDOUS SUBSTANCE CERTIFICATE AND INDEMNIFICATION AGREEMENT This Hazardous Substance Certificate and Indemnification Agreement (the "Indemnity") is made on this _ day of August, 2009 by the Women's Circle, Ioc., a Florida not-for-profit corporation (the "WC") in favor of the Boynton Beach Community Redevelopment Agency, a Florida public body corporate and politic created pursuant to Section 163.356 F.S. (the "CRA"). ,A(~~~~\\~';' The WC owns certain real property in Palm Beach County,}::J~2da (the "Property") which is more particularly described as follows: ..<<ii:'" '<!:;;~;j]", .;t. (~~t "'.iti:1}~:\:" See Attached. '., ~ ,;:S:1');" "<,:. ",o'.}";>" Af:'~~ . '\(Qi;;:~t., . . The WC has applied for and obtained ~ppr~w:l1 from ~ eRA for a i6~~fll.~~~th in the pnncIpal amount of One Hundred Thousand FlVe~ ..".. ed and1,991100 ($100,OOO~Q!t)Dollars (the "Loan"), which Loan is evidenced by a ~romissory No " 'tjj1h~:~een executecl{~hnultaneously herewith by WC (the ''Note''). The Note IS secured by a P ,,"i~~ Money Mortgage (the "Mortgage") encumbering the Property and. other docun;t~pts evidencing and1~t'~l;lCuring the Loan and executed and ~"'-""'...' . ,<,"''l-.. delivered to CRA in connection therewith (e:~l1~H~ely the "Loan'~6w~ments"). \~~:"<;~:.{'~~~~,~~" ~:f~;#;f To induce CRA to make the Loan to Wl~, We'~(~~f~deDll1i1Pt'~') is executing and delivering this Indemnification Agreement; and CRA h:i~\req~~SiedI,~:Sw:demnity as a condition of CRA's entering into the Loan transaeno:-", \~:{;;/' "y':;> Al~'''.''~t. I \\--, (, NOW THElUf' , in sideration oftK1,mutual covenants contained herein, and for other good and valuable ~n;i' , tJ!.~!receipt and ad~1Ui~y of which is hereby acknowledged by all """'~""""" . t'" parties, the parties hereto a '. "~i?~:'i, '"j" ,- ,r,1f/ ." ":'~'~;i:~. h' Ai!"'" ~~r '~w The<'jiarti~s'~~~wee the recitii~$'e true JIia correct, and the recitals are incorporated herein by this reference. 'A, \' ,xhibits attach<@.,peretcfor referred to herein are hereby incorporated by this reference. , 1."...1 The term "Ha~B~".SUbs~i~s" means and includes,. without limitation, any toxic or hazardous substances or mateH~l~.~O)J"c;1,fr'bleum or other pollutants and substances, whether or not naturally occurring, including, WipjpUt limitation, asbestos, radon, and methane gas, generated, treated, stored or disposed of, or otherwis't deposited in or located on or under the Property, including without limitation, the surface and subsurface waters of the Property. For purposes of this Indemnity, "Hazardous Substances" shall also include any activity undertaken or hereafter undertaken on the Property which would cause (i) the Property to become a hazardous waste treatment, storage, or disposal facility within the meaning of, or otherwise bring the Property within the ambit of, the Resource Conservation and Recovery Act of1976 ("RCRA"), 42 D.S.C. 6901 et seq., or any similar state law or local ordinance; (ii) a release or threatened release of hazardous waste from the Property within the meaning, or otherwise bring the Property within the ambit of, the Comprehensive Environmental Response, Compensation, and Liabil.ity Act of 1980, as amended ("CERCLA"), 42 D.S.C. 9601-9657, the Superfund Amendments and Reauthorization Act of 1986 ("SARA"), or any similar state law or local ordinance or any other environmental law; (iii) the discharge of pollutants or effluent into any water source or system, RECIT ALS: Page 1 of6 or the discharge into the air of any emissions, which would require a permit under the Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq., or the Clean Air Act, 42 D.S.C. 7401 et seq., the Toxic Substances Control Act, or any similar state law or local ordinance; or (iv) any substances or conditions in, on, or under the Property which may support a claim or cause of action under RCRA, CERCLA, SARA, or any other federal, state, or local environmental statutes, regulations, ordinances, orders, decrees, or other environmental regulatory requirements relating to health, safety, or the environment (collectively, the "Statutes"), including the presence of any underground storage tanks or underground deposits located on the Property. Indemnitor assumes all obligations of compliance with aU environmental requirements related to health, safety, or the environment imposed by federal, state, and local authorities that affect the Property or any business or other activity co~d,v~ted thereon or therewith. ,,..:.,,,.: Presence of Hazardous Substances. ,- /( 2. /." Indemnitor has no knowledge ~er due .investigation ~f (i) the:~~~e~6~~:~f)~y unlawful Hazardous Substances on the Property, or (11) any spllls, releases, dlsch~g~s, O~dlSposa'l;~~:Mazardous Substances that have occurred or are presently occurring on or onto tJ1~ Property or any adjaq~9tproperties, or (iii) any spills or disposal of Hazardous ,Substances ~at g~K~ occurr~? or are presentt~~.fu~g off the Property as a result of any constructIOn or operanon'.EiI!4)lse ofth~P.roperty.'<' ;~,0" . '<<:~"'" /,' "" ), ' In connection with the construction on or operation and use''(>f%(Property, Indemnitor represents as to it's contractors, subcontractors, and any oth~r of it's agents, emp16ye,es and tenants that, as of the date of ._.. . \.,~.- '" - , this Indemnity, it has no knowledge of any fan!!r~~~o comply withli1,f8:l>plicable local, state, and federal environmental laws, regulations, ordinanc~s}~lifiW;', inistrative ahdJ\J.diCial orders relating to the generation, recycling, reuse, sale, storage, \h~dC"f. " !ffi~port, ~ddisposal of any Hazardous Substances. /'~'_ \i,). /fY:!<:E:'~f':"<" 3. Future Pf~~~iib~~ofHazardous SJlfstances. /. ". '~'::;J;:; ,. . ~;,:::~~f~~ , ,_ ,', ,'_ \ \, fudemnitor agrees tlfr;,~~i~tely n~~ the CRA if'tnd€innitor become aware of (a) any Hazardous "~',"~r',':}' h..~~~~. t'.4 Substances or ~~:r.enviro~~~r:P~2.~~5ffi:;.?~~,a?#ity wi~ respect to the Property, or ~y adjacent property, o~~,;", '. actlon}Q.~:P-Rtice ciftbeJl~!tire descnbed ill paragraph 2 above. At Its own cost, fudemnit().J;will e'a ',_L' :~)DS whi91:tare necessary or desirable to clean up any Hazardous Substances affec~~;the Property, ~ili~i~~ing r6'tii~Y!lI"containment, or any other remedial action required by appli&abf~f< vernmental oi;r~gqlatory'~glliorities. ~ . Jtlc. . x'~j1~ . !,/ 4. ~~~:,~?emnificatlO~! ~~~;~~,,~ ~(;/y Indemnitor berebJ'i~~!:ls.,d~intly and severally, unconditionally, absolutely, and irrevocably, to indemnify, defend, ~d~~'6fa harmless the CRA, its affiliates, successors, assigns, and the officers, directors, employees, ~d agents of CRA, against and in respect of: (A) any loss, liability, cost, injury, expense, or damage of any and every kind whatsoever (including without limitation, court costs and attorneys' fees and expenses) which at any time or from time to time may be suffered or incurred in connection with any inquiry, charge, claim, cause of action, demand, or lien made or arising directly or indirectly or in connection with, with respect to, or as a direct or indirect result of the presence on or under, or the escape, seepage, leakage, spillage, discharge, injection, disposal, emission, or release from, the Property into or upon any land, the atmosphere, or any watercourse, body of water, or wetland, of any Hazardous Substances including, without limitation, any losses, liabilities, damages, injuries, costs, expenses, or claims asserted or arising under the statutes, whether now known or unknown, including without limitation: Page 2 of 6 (I) any costs, fees, or expenses incurred in connection with the removal, encapsulation, or other treatment of Hazardous Substances from or on the Property; (2) any loss or damage resulting from a loss of priority of any of the Loan Documents due to the imposition of a lien against the Property; (3) any attorneys' fees, engineer's fees, and/or charges of any contractor or expert retained or consulted in connection:y.rith any inquiry, claim, or demand, including without limitation aniZ~ incurred in connection with compliance with such inquiry,&11'~ ,ordemand; A (B) any loss, liability, cost, expense, or d~age m;,~.!!.ing without limitation, attorneys' fees) suffered or incurred as a result of or arising Q;!!tofbr in corih~F~sm with any failure of K.' "''''''",' ~ ...:.')",/> the Property to comply with all applicable environm~I1Jklph5tection laws, 'Ot9J.p,ances, rules, and regulations relating to health, safety, or the environment6ilid any litigation, proceeamg;:or governmental investigation relating to such compliance or non-CQrti'p~q~; and'l:;;j;~_ "\~r '~,~~:~a~~~ ~~,~~;;''';~'\\, i>'" (C) any loss, liability, cost, expense, of:4~m~e directly or indirectly arising from any claim, action, demand, cause of actio~. or damage rela.tiIig'~'Q'Qr in connection with any personal .- . ." """ ',' ,., ~, injwy concerning or relating to the presen~:B~~"estos or other i1a,~):40us Substances on the Property. 5. Survival. '\~l:t"" '<::~~t};~(1' Th~ pro~isioI1,s of and un9~~~, and indej;\r.w1,:~"set ,.J~ ~s Indemnity sh~l survive the satisfaction and release Qft1:ie Nr6~e and the ather Loan D~uments, and shall continue to be the personal liability, o~>>(i~, and"~~~mnification 't'.,th~ Indemnitor, binding upon the Indemnitor, forever. ."t~fu)~ ,.,j;' >/ i;i;i?~<)'fJ' .. e contiD:,,~~ rrrevociilil.~;'&1d binding on the Indemnitor and its resp~tive success aSSI shall"~p,te to the benefit of CRA and CRA's successors and asSIgnS. Inde~ifJts oblig~tions, 'der m~~;~~l.be ~si~ed. The dissolution of the Indemnitor shall not affeefthIs' , emnIty or any' demn~?'r's oblIgatIons hereunder. (~ .. , warranti d covenants of Indemnitor set forth in this Indemnity shall continue in effect and, to \,1~ xtent pe. Itted by law, shall survive the transfer of the Property pursuant to the foreclosure procee . {fer judicial or nonjudicial), by deed in lieu offoreclosure or otherwise. 6. Indemnitor shall notify CRA promptly upon receipt of any inquiry, notice, claim, charge, cause of action, or demand pertaining to the matters indemnified hereunder, including without limitation any notice of inspection, abatement, or noncompliance, stating the nature and basis of such inquiry or notification. Indemnitor shall promptly deliver to CRA any and all documentation or records as CRA may request in connection with such notice or inquiry, and shall keep CRA advised of any subsequent developments. CRA shall give written notice to Indemnitor of any claim against CRA which might give rise to a claim by eRA against Indemnitor under this Indemnity stating the nature and basis of the claim, the amount Page 3 of6 thereof, and reasonable best estimate of the amount of the lndemnitor's liability to eRA in connection therewith. If any action shall be brought against CRA, then after CRA notifies Indem.nitor thereof as provided in the above paragraph, Indemnitor shall be entitled to participate therein, and to assume the defense thereof at the expense of Indem.nitor with counsel reasonably satisfactory to CRA and to settle and compromise any such claim or action; provided, however, that eRA may elect to be represented by separate counsel, at CRA's expense, and if CRA so elects, such settlement or compromise shall be effected only with the consent of CRA, which consent shall not be unreasonably withheld. Indem.nitor shall make any payment required to be made under this Inde~tY.p..!})mptIy, and shaIl make such payment in cash in the amount thereof. In the event that sucq!pa)iment is not made forthwith, CRA, at its sole election and in its sole discretion, may proceed tg.s'uit'#,gajnst Indem.nitor. c "!; '- '_,;;/:;.." 7. AG~" . The provisions of this Indemnity shall govern and con~~~er ~~ inconsistent pfcitisigns of any of the Loan Documents, including without limitation, an)f,-eibUJpatory ofinpn-recourse luriit~apiovisions or limitations under any guaranty for the Loan contaiDed ift'.lliiyof~;'fhregoing agreem'eii-ts. ~'\I.:~r)~"fJ})" ,. '.; \. Conflict With Loan Documents, 8. Attorneys' Fees. , , '. .~- . . If at any time or times hereafter CRA empl~~~'?6~~~l.J9,r advice o~'-otb.~f:~~presentation (i) with respect to this lndem.nity, (ii) except as otherwise \~~pre'sslx/proxided her~iri, to represent CRA in any negotiation, litigation, trial, appeal, bankruptcY~"S9nt~,s~;diSP#t~;'sll.,;t;t;r proceeding (whether instituted "!'" ,/.";';" \.~~,.,,-~(~:. by CRA, Indem.nitors, or any er party) in an}('}Vay or respe~t relating to this lndemnity, or (ii) to 4...,_:, \:":,;1' ,,,,, enforce Indem.nitors' obligations ,der, then, 'll)",any of the' foregoing events, all of the attorneys' fees, paralegals' fees,:~le" sistarl:;fees, and exp'g~es arising from such services and all expenses, costs, and ~harges utany~*&g: res~~~ ~sing in co~~~~n therewith or ~elating the~eto shall be paid ~y Indemnltor~~_,:RA, on\~~~~dl~l!~9'i:1f,7~~r-?J SUIt IS brought, or if brought, IS prosecuted to JUdgme~~>,(:::L:;c;~~~k~~:X..;l>.'~\'~~t:~: ....,. ~.:~,:S.l~/ /d:Z;,<, ~,. Waiver:< :" ,~:.\ '<;';f.~:'~'r/ No consentpfwaiver, expressed:or implied, by a party of any breach or default by any other party in the .... ~":''''''l.,. t'Jl~1 performance"bY,i;1h~t other pa:('i::Y:1 of its obligations hereunder shall be deemed or construed to be a ""'~':1",h, 10>......1 consent or waive{!p;W1Y otheril?reach or default in the performance by such other party of the same or any other obligation~~gf:~!l~~;~ther party hereunder. Failure on the part of any party to complain of any act or failure to act oN#:9ftier party or to declare that other party in default, irrespective of how long such failure continues,,"sh"all not constitute a waiver of such party of its rights hereunder. lndemnitors' obligations hereunder shall in no way, manner, or respect be impaired, affected, reduced, or released by reason of CRA's failure to delay to do or take any of the acts, actions, or things described herein or in any of the Loan Documents. 10. Delivery of Notice. Any notice required to be given hereunder shall be in writing and addressed to the address set forth above, and shall be delivered by hand, by United States certified or registered mail, return receipt requested, or by overnight express delivery. Notice shall be deemed received on the date of receipt if delivered by hand; on the day after delivery to an overnight express delivery service, charges prepaid, if Page 4 of6 service is by overnight courier; and on the third (3rd) day following posting if delivery by United States mail, at the addresses set forth in the preamble of this Indemnity, or at such other addresses as the parties may respectively designate from time to time and give notice of to the other party pursuant to this paragraph, 11. Governing Law. The provisions of this Indemnity shall be governed by federal and Florida law, as applicable. 12. Separate Covenant. A~~ Indemnitors acknowledge and agree that the covenants and obligatio~.}1i~reunder are unsecured and are separate and distinct from its obligations under the Loan and the ,~lifi ., , ments. ~:' ~i! 13. Severability. ~...'\ ~(' In case anyone or more provisions contained in this m(~ity s~aIl, for any r~~;;'\"';:.be h~ld invalid, illegal, or ~enforceable in ~y respect,. such invali4jtSf;~W~~~' o~~:nfor~?ility s "i, ot affect any other prOVISIOn hereof and thIS IndemnIty shall be constrUt;~t~"if~H.ch~yahd, illegaI,pr unenforceable provision had not been contained herein""<S;;~r ~~ .<~ ~\~::;:~~~:;:?t:,> 14. Entire Agreement. \.J~.',',,",)~' ~'t~:l:\'." ~1~t~{~~:r' '\'< ~.';:.~-:r1fr This Indemnity contains the entire understandmg ',.~.~, arties an'~f~persedes any prior written or oral agreement between them respecting th~~~.subjpCt~t""'9f~,fuis Indemnity. There are no representations, agreement~~:~g~ents, or und'~dings, o~';gf written, between the parties hereto relating to the subject rqr#it~f~~~'lQdemnity wHi~ are not n1lly expressed herein. 15. COli"" ,,. 'on. 1~ ~\t;~...? '\1'~i~\J:~,/~/:0j~T0g;j~"","<,,:lf? The section .R~... ~.Etions;':Q~~?revlatioriS:iteused for convenience only and shall not be resorted to for interPretation f:' '".... demnttY~h ~~~~~~}~ w~~;:.t ;{~. '<?':~i~,' ~ ,,1';- ~~f::til, BY ACCEP~, E HEREO ii~t! EMNITOR AGREES THAT NEITHER INDEMNITOR, NOR ANY ASSIG. CCES~<?,R, HEIR, OR LEGAL REPRESENTATIVE OF INDEMNITOR (ALL OF WHOM ARE ";"',,,,,~~~ REFERRED TO AS THE "PARTIES") SHALL SEEK A JURY TRIAL IN ANY LA WSUff, PROCEEDINGS, COUNTERCLAlM, OR ANY OTHER LmGATION PROCEDURE BASEJt.U'PON OR ARISING OUT OF TIllS INDEMNTIY OR ANY rNSlRUMENT EVIDENCING, SECURING, OR RELATING TO THIS INDEMNTIY, THE LOAN DOCUMENTS, AND OTHER OBLIGATIONS EVIDENCED HEREBY, ANY RELATED AGREEMENT OR INSlRUMENT, ANY OTHER COLLATERAL FOR THE INDEBTEDNESS EVIDENCED HEREBY OR THE DEALINGS OR THE RELATIONSHIP BETWEEN OR AMONG THE PARTIES, OR ANY OF THEM. NONE OF THE PARTIES WILL SEEK TO CONSOLIDATE ANY SUCH ACTION, IN WInCH A JURY TRIAL HAS BEEN WANED, wrrn ANY OTHER ACTION IN WInCH A JURY TRIAL HAS NOT BEEN WANED. THE PROVISIONS OF TIllS PARAGRAPH HA VE BEEN FULL YNEGOTIATED BY THE PARTIES WITH CRA, AND THESE PROVISIONS SHALL BE SUBJECT TO NO EXCEPTIONS. CRA HAS IN NO WAY AGREED Page 5 of6 :rreS 1<l!" TaB YRO'ilS10tlS OF 11\1S ~g:::~~~~B~ ~'{~~ IN ALL JNS,AtlCllS .1 \' d"'\" ^' <J1"eernent to me eRA to IN ~S ~F, Ilw WC haS ""ec"",a and ue were u.1S ~~ be effectNe",e _ first abOve wril\Cn, lNDE~O"R~ a Florida not~for~-profit Wotnen's Circle, Inc., corporation /~/ ~/jl -----------.--- /",..,'- . 'By ~~,'Pj:'~sldent . _--------?f ~,,'<"~.:, / -' ,/,'~; . 1 n 1I11a:z$do\lS Materials 1ri(\~~ity AgflItfoC """",,""'13 .""",''''-" 0"" \nO"'" ,1"/"" \ "'" ~ ' '", \~ '.-' Page 6 of 6 .~ ,:,"::>,.. \"'. , '" '. '::;D:'>:,,~/ GOREN, CHEROF, DOODY & EZROL, P.A. ATTORNEYS AT LAW SUITE 200 3099 EAST COMMERCIAL BOULEVARD FORT LAUDERDALE, FLORIDA BBBOB PHONE: (954) 771-4500 FAX: (954) 771-4923 www.cityally.com ~- , J~ J~V" LENDER: Boynton Beach Co..,~~edevelopment Agency BORROWER' Th W ' C' I In~!ii~. , . e ~~~en s rrc e, ~'~;0iR~, PROPERTY ADDRESS: 912-91~~&4th Street, BoyntQp{leach, FL CLOSING DATE: \':~~.~3~:~s~fk,,,, ~~0wT In order to induce the Lender to clBs.e th~~~&Y~i1Qa.p,.J6dification transaction and in . \,::.~ /:.1:'" ...."~~~:'"'~~~!'.~:i;:;~~,,,. consideration thereof, the ed Borrow~iJ~d GuarantpJf:JState: V,l. 4" in co ,deration of \the Lender disbursing loan proceeds on the \,,""~ ""', wee, C' equested by ..'ttC?~der or its legal counsel on behalf of the or cleri~li" errors and/or omissions, any and all loan esffi1ble, in the reasonable discretion of Lender. -'J:t}..... DELRAY BEACH OFFICE: DAVID N. TOLCES ~~!~:~i~f~ii: Afit'.. g~;fi~K~~~; .,,'" OEm '0 Fo.. L~'~ "I\it::EVEN L JOSIAS, 0' CO"", ERRORS AND OMISSIONS I C~LIANCE STAT~~)w'-of SAMUEL S. GOREN JAMES A. CHEROF DONALD J. DOODY KERRY L. EZROL MICHAEL D. CIRULLO, JR. JULIE F. KLAHR .<; ,.;,#~ undersi ~:'c~~FO.".".~ ~uarantor do hereby agree and covenant as aforesaid in ordctr:io~~ure that the lo~i;~,pcumen.~li<fu executed this date will conform and be acceptable in th~ marktiti'J>>.ce in ~e in~~~ oftrJfs'fer, sale or conveyance by Lender of its interest in and to saId loan doc ntation. \~~iJ J~[j .I......~ BORROWER: .if? ".(." The Wo~en's Circle, \1I~~!onda not-for-profit corporatIOn iff" By: , President H:\2007\070473 BBCRA\Womens Circle Inc Loan\Errors & Omissions Statement.doc XI. OLD BUSINESS: E. Women's Circle 2. Consideration of Entering into a Mortgage and Note with the Women's Circle in the amount of $100,000 ,.~ ~,' f" ~,' ~~~ctY~T2~ eRA . East Side-West Side-Seas.lde Renaissance eRA BOARD MEETING OF: August 11,2009 I I Consent Agenda I X I Old Business New Business Legal Other SUBJECT: Approval of Mortgage and Note in Favor of the CRA to the Women's Circle SUMMARY: Previously the CRA Board approved funding the Community Caring Center in the amount of $200,000 to assist the Center with purchasing property for their mission. The Community Caring Center shares their current space with the Women's Circle and requested that the Women's Circle get half of the $200,000 award. The Women's Circle has a contract on 912 SE 4th Street. If approved, CRA funds will be wire transferred at closing upon the execution of the attached mortgage and note. The mortgage shall remain on the property at zero percent interest and no repayment requirement as long as the property is owned and operated by the Women's Circle. Transfer of the property will result in repayment ofthe loan in full to the CRA. FISCAL IMPACT: $100,000 encumbered from FY 2006-2007 Rollover Funds, line item 02-58500-470. CRA PLAN, PROGRAM OR PROJECT: N/A OPTIONS: 1. Approve the form of attached Mortgage, Note and other documents to be executed by the Chair at time of closing on the property. 2. Do not approve entering into a Mortgage and Note with the Women's Circle. ~v~ Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2008 . 2009 Board Meetings\8-11-09 Meeting\Womens Circle.doc c . "', \ Val~Ol.:l H:'V38 t401N! 08 .:.33015 I..;: t lSv3H1r<ns :'11, l:::t::3..LN38 V\lC::>C:>I:=ISSV-'O ON'v ,::::J:::::JI.=;l=lQ I I , . 'I (lax llBI Ill. Ill. I ,m ,m, , ~ilJiIJ 3,8818 SN3lNO^^ ~i; rTI I i I I I' I 'I hI II I lIil Ii """ I nil ill ' U; II I I I" '. ii, , i ! !i!.1 ;:, ~ ; Ulf!ii ' ! 1!1: iii 1.11. I 1- .;: '1IIIi' II ill, fll! lif In II ii; ill i ! i ~. ;: r I j I l i ' IIII I!: f:. ., VIe ~. I!t 1111 111i "i ! j;: H:f J U ~!~ ! I~ I . II ". d II!I j f1j I"~le: :: 1$" ,.1 III i I~l Ii 1m 1111 Jg ~!~ H~ I ctJ 1r'~ i"Hr i~1 ; I! I " I I I' I I Olf L.. .O.,tl I XTc- ". .~ , ~ ~ d ~ h~~B3 10 'a >w .1:: ~i ~'5 0 ::;ii' .0";:;;' .''':' ,0., '._" .~~~I ~ni il ~ bl; ~' II i ,,'~'~_'~' J! ~I .1 ~, ' ~ ::-6 ~~ .=3el~ "11~:: ., ~ ~' ~~ l c ~---ll r , .", "I i : ,===~~~i -1 ~, r ~ ~ t~~ o ~-:: ~~ ,5 ~'" EJ .iror- I~ 61 II ~; ~ ? I :! 2- ( E ~ rt ~ " Z < t. i ~ m )( l' ~, I - --~ E crN1'fP\l~I:'Of Wl'IlG1-lTOFW'.... fl'-O. :~~:I)~IllAA PR(!POSED ,"""""- E ~ "' ~ W "' o z :> o <D '" 0: o Z f'ROP'OSEO PARKING SPACE P>lOPClSHI ~N>.IIII'IGSP"'cr PROPOS"O f'.<lN""'~T"CUfl!l '~'-G. >- W W ~ "' ~ W "' o !5 iil '" 0: o Z <>I\tyoO'5=\)1j W10FCONCRF.Tl' W/>J..V::W"''' "I'\I)N)Sl;'J PAAKINGS.....~E ".0. I ~I I I nmEE:Dt'OOR.OT1~~.ot" I PORl1COPOOFSUPPOR.TSTO I """~ I h I ~ r-i--...J I "-0. ' "~o. I'<EW~DeOi'f('.RnE PClIl'T,eo PL"''''ORM TO 8i! FtUS>l WlTllEl'lTNfCEOOO!l:Sl\.J,5TO :~~SSm\l,JT"" TllF.EX1"Ell.ll)Il.sTRUCT\JR.oI.l Q(VEloPeINClUOlHGWAUS ~~~AA":oR()(lFAAE I '1----, l-.._----4 ,o~,,~ I I I I I , ~~,;~~~ - -- - - ~ - - ~,.~:- -- - - -=J--" PRDPOBED BITE PLAN AND FLDDJ:I PLAN I!LECTJOICAL NaTEB 2. JU D&1lS TO S[ <<' 1lfE CIlOUIlDfIO trPf: !.IlI..~r...t~'I()l!IE lNST.u.l!IoflSf'UI"""'70 4. AU. DOllIED llNCD SlWL II[ CCN"I.ElI.T llDoOIoe).IIfUSS~HOTlD !l.S'/IIT(:ItIl'lOOUllfTllEWa.'SfHMtwlOlCo'l' 1'II!S'hlOlMlll).IlCSt.ItUDAJ ..,ON'r &.AU.N:fllCONOUC:l'ORSIO!lEOOA"EI'INCl """..-.- 1S/l-'I4.fIII<<l 2llA-'ItAY/C 3lIA- 'l~lI'C LEGEND t" 0UPL.E;ll IlWYIAaL - ~ $N WPU:x FlteEl'T,r,at;. _ HrW <<' CFI MCEPT.oc:u: _ IIFfI' $" R/HGI[ cunn - EXrSTlIIG .. TtlDHONEO\/Tl.ET-DOSa<<I ~ CA.lV()IJJI..[l-fXSTIWe .IE SWItl:H-03ST\IIO $Ns-CH_HEW :)*: SIIIT01-Ml.OCU[D 3$N :I "'AT $lWll:H - VQSmIC l$I<''''-''TSWITCH-Hlvt $ 'WATSl'I!lCH_IlEI.OCo;rm ~!~aIlJHCl r~ - DaSllI<<l @ SI.IOlU:omCTOR ~V"fflVf1lCTUl!._EXIS'TI'lG ~l:E3IJNOFlXT1JI'If;...f(aI $ =::~-_o::~ 0]"~-0IISllHC B-=;~:~~MI' 96.J2' .. ~ h -y- I ~I E.oVEIIIOUI'fTEO f'lEt:EPTAct.E r--- PROPERTY UNE I _ _ '15.42' SCAU: ,/..." - "-0" EXISTING STRUCTURE ,<I> El(lSTlNrl all:QUNo '" F.X1STlNG CQNCRlOTE "...TlO 8CtS"TlI'IC El~CTRJ""AAEl5 VOSTtNG a.ECTl'llC~"s EXlSTlNr. OV!;JlHE,oD SERVlt:".ETOH'l PROPERTY UNf' Q l~J ~ffR TO CURREr<< SUR'JEV FOR LEGAl DE5CRlPT1ON ~~- fIIIaA.-v.w AICI ~ ~ !/ ~.. \J:; a: W W .J~ OW [ ~ -z o ~ W (J)W Z ~ w~ ~~ 02 ~ ~ .D U "' ~ ~ ~ ., ~ << o ti'" ~g in.... I-I ~~ ~w ~CD rz '::;0 01- "'z ::!b mCD '" " 3i .......-cT "'03 DATO 02.".09 DRAWN .-Y La - 03.16.09 03.26-09 05.01.09 06.01.09 07.21.09 LARRY.J \MNKER STUDID BEVE!N E1DCA RATON FLDRlDA USA 5B1 SS7 BS87 G From: Melissa Augustin (MAugustin@kityatty.com I Sent: Thursday, July 2.1. 200Q 4:07 Pf\,1 To: Brooks. Vivian Cc: OJ Doody: Jim Cherof Subject: BBCRA/Women's Circle. 111\ Attachments: 20090723165329335.pdf Dear Ms. Brooks Hope all is well. Attached please find the following Loan documents relative to the above subject matter a. Loan Agreement b. Purchase Money Mortgage c. Promissory Note d. Hazardous Substance Certificate and Indemnification Agreement e. Errors and Omissions/ Compliance Statement Should you have any questions, please do not hesitate to contact our office Thank you, Missy ~6a ~tin Legal Assistant to Donald J. Doody Goren, Cherat, Doody & Ezral, P.A. 3099 E, Commercial Blvd, #200 Fort Lauderdale, Florida 33308 Telephone: 954-771-4500 Ext. 311 Fax: 954-771-4923 Email: IIlaJJ-9_l!$tin@cityatty.com www.CityAtty.com I )lSC]all11t>-I I hIS [~-Mad i~ CO'li:'fc'U lw the ".k'CtH)I11L \. Ullll111n!k~tll(ln::- j'!1\a...'\ i ,i., Ii '-, I "-.. i "\! ',11-;.0 : thi~ F-MnillS Itlt~ndl'd only t()1 use tit th.: rndivj(lunl 01 C/lllt)- n:Hncd n!oiJ\'c !f lh~' rcadt.'r t:t 1J]),,; rn~~<;ag( I 1101 till' lL:spon~ihk fUi dclivenng II to llK' lnkndtJ rc,-'lpicnt, \'\'U (tJ'i.' 1l\. Jlh ilOtlfwd Ih;ll <in\- dl'-;Sl'!1llllatlllfl ,J1~ljl:'lI\!lll1 '1: i.-'t\Jl~ j1H>!1iblled If)'Oll retei\e Ihl~ r:-l\1i:1illn err(\j plt'i:I'-<\:' rwlJJ\ llll -t'!h1c1 lml1k'JI,nth ell :11:' phil!1l r!h, ',./, ell I nnt tOp\' Of U.\t' 111'(1) ,-In"; fllllf'(",' IIPr dl\l'I~):;\: \1,", \1)1)t['nl I' I' ,)1hl'; r~'L'~1 it'lllJ\lIJI '_(;11:, fl''.-lplt.:1oj ; 11\," <Tlpl"'l1.. \ I .1;" \.J lll!:- ~ 1]! frILlJlIC;J1J, 11 I' '-lfll. i! 1'/II'TI;.l!/"lt j 1,;r)1t f1]p.//T'\PROnR A M~ &, GRANTS\ Women's Circle\BBCRA Women's Circle Inc..htm x T2()()L) Boynton Beach Community Redevelopment Agency LOAN AGREEMENT Acquisition Loan TIllS LOAN AGREEMENT ("Agreement") is made on August ~ 2009 by and between the Women's Circle, Ioc., a Florida not-for-profit corporation ("WC") and the Boynton Beach Community Redevelopment Agency, a Florida public body corporate and politic created pursuant to Section 163.356 F.S ("CRA "), 'WHEREAS, the CRA intends to loan sufficient funds to th offices in the Boynton Beach Community Redevelopment district. .,.i<~ ~a!}owing it to maintain 4. to make the initi following conditions .:~ THEREFORE, In consideration of the mutual agreemeijff an and conditions herein contained, the parties hereto agree as fi ,,2~1~ .. "I,';Z~.. 1. Loan. The CRA shall loan to the" C the sum ($100,000.00) Dollars. l~ "'h. , "{i:;i~ /iil2:0h~~ 4' 2. Promissory Note. The Loan will be evidet1~fg;py a Promissory Note in the original amount of One Hundred Thousand and"OO/100 Dollars ($lg~;QOO.OO) and will be payable in the following tenns~.l futorest This shall be~ Dan. 'e~~.q c/ .~~~.~~~t17 ~r due aii~iiayable at the time the any interest ed or assigned by WC. d subject to the terms '\t,~ of One....".~ ed Thousand l~ ndin . The obligations of the CRA to perform this Agreement and der the Note are subject to the performance by the we of the ent: 4.1 Loan Documents. The Loan Documents shall have been duly executed and acknowledged (where applicable) by the appropriate parties and delivered to the eRA by the WC, all in form and substance satisfactory to the CRA. 4.2 Covenant as to Use of Real Property. WC agrees and covenants to that it shall restrict the use of the real property to offices for WC. 4.3 No Default. The representations and warranties set forth in this Agreement shall be true and correct in all material respects and there shall not have occurred and be continuing any Event of Default. Page 1 of6 " Representations and Warranties. The we represents and warrants as follows 5.1 No Default. The making and perfonnance by tIle we of this Agreement will not violate any provision or constitute a default under any indenture, agreement or instrument to which the we is a party or by which the WC is bound or affected, the effect of which will prevent the we from performing the obligations of the WC under the Loan Documents. 5.2 Authorization. The WC is and will continue to"be a duly organized and validly existing corporation under the laws of the ~J4i~:'.Q! Florida and is duly qualified to do business and is in good standing ,ubder the' laws of the State of Florida. The WC and the persons executing th{D~~ Documents on the WC's behalf are duly authorized and empowered J6'i~xe~ht~;'4eliver and perform the Loan Documents.' , .'.' c';';.. ...' -; . /,(f~~:;'~':" <~::t,>~.:; 6. AffIrmative Covenants. Until pa)'I!l,~rit in full of the Note;T~;~ess the CRA otherwise consents in writing, the we will pet(tffi>~r caus~ to be perforrrle~;"1a,e[ following agreements: ""';:n\~);, /,;" . 6. I Notice of Change. The WC will ~~:~{~mPt written notice to the CRA of: ,~, ""'c.,>, (a) the occurrence of any::Eye,vtof Default; (b }any,other matter which has resulted in, or might res~lt in, a rii~t~d~J!;~~~~rse chang~';'~i;t#-~l~ancial ~ond.ition of the WC; (c) change m status of~~ai':Pr(?~~c..?r notIce q~any hen or VIOlatIOn. \~~~\ /~i:~t ;,:U~;~~' ",' .'.~'.- ,",~,_", 6.2 O~C?,~~ormation. ~r<;)Y1C wi1l:...fUrllish to the CRA such other ~~:afl)k86~~~ing the aff~~s of the WC as the CRA might reasonably ~~~~))>, \WJP\:"", 6.3 R~gfm.ed OOw:ance. The WP.'will continuously maintain in full force and ?~~g~.st polici~~,,~';;r.tig~&~:m'ip.nd public liability insurance in accordance with /<(i;\i.i1I~:'r.~&r~men .", e LoanU6t'uments. /: "i~/ _~. \:~:;~[~"':.. /> 4..{JLl:~\>'\'h . Negativ~",~~~pants:'~~'YWC agrees .that until payment in full of the Note,. unless the CRA'<w!Vyes comphanc~,;;;:W wntWg, the WC WIll not create, assume or suffer to eXist any security int&f$~ encumbran~~ior other lien (including the lien of an attachment, judgment or execution) seC~g,a charge ~'t;obligation affecting the Property, excepting only: (a) liens created by the Loan DoCU~~' an?f(b) liens which are being contested in good faith by the WC through the diligent prosecut. ~'ppropriate proceedings, .~;.;'r x:'." 8. Default': The CRA may declare the Note to be due and payable if any of the following events occur and are not remedied by the WC or waived by the CRA: 8.1 Nonpavment of Note. The failure to pay within ten (10) days when the full loan amount of the Note becomes due and payable as set forth in Section 1.2 herein. 8.2 Other Nonpavment. The failure to pay within any applicable grace period when due any other amount payable to the CRA under the Loan Documents. Page 2 of6 8.3 Breach of AlUeements. The failure of the WC to perform or observe any agreement contained in the Loan Documents. 8.4 Representations and Warranties. If any representation or warranty in this Agreement made to the CRA by the WC proves to be false in any material respect at the time of the making thereof or if any such representation or warranty ceases to be complied with in any material respect which results in a material and adverse effect on the rights of the CRA under the Loan Documents or which materially reduces the value of the Collateral. 8.5 Bankruptcy. The institution of bankruptcy, :..~,#~a!J,~zation, liquidation or receivership proceedings by or against the WC thl!~:~s not dismissed within sixty (60) d ffil' ,;1;",,,,,,, ays 0 mg. A,!Yi~~'~, 4i~'~/ "'I~ t;~~:0~~ 8.6. ~udginent. The entry ~y. any co~f~:~mal j~a_~~ against the We: .or WhICh mIght reasonably be antiCIpated ~~matellally and advef,~~!~ affect the abIlity of the WC to perform the WC's obli ations under the Loan Doc" p.ts. \\ '"Ifi'!l; l'l;; . Ii' ',,,.,,.,,, . th ~y~nstructlon ~ agamst e "ferrect to security within forty five 8.7 Construction Liens. The Property that are not satisfied, released ~ (45) days of the filing of the lien. i;~~;l't", 8.8 Failure to a. e failure to 'pa.~. ..Y and all taxes, special assessment, and or charg s,~,:" a gove "y al entity to avoid the tax, assessment or charge from be ,~ming~~:.,~ ,,3J:'9:~n.!. ". j;' ,\,z\ ,1?/ "';;,L"t~lri."U?' 8.9 D*~ of the Co~&t1ti~n. ',\:::'7 i\~" .~"'t, \~\ \'.'10 n the :'\ ,ccurrence of an_Event of Default identified above and the ',," j~~ed the spr~ prior to the expiration of the time periods :"~r;;"':" ; . d remedies which the CRA might hold under Doc ts, the CRA will have the following remedies: '\;; 9.1 A.c ~leration. ~CRA may, at the CRA's option, declare the Promissory Note to be diatel~~ ue and payable and the CRA will be entitled to proceed at '\J:.w or equi1:))\,;;~ sele~tively and successively enforce the CRA's rights under the ~',r. an Docum~~J'S or anyone or more of them. I~r :Selfgtive Enforcement. If the CRA elects to selectively and successively enfor ,;;.,r-e CRA's rights under anyone or more of the Loan Documents such action{will not be deemed a waiver or discharge of any other lien or encumbrance securing payment of the Promissory Note until such time as the CRA shall have been paid in full all sums owing to the CRA. 9.3 Waiver of Default. The CRA may, by an instrument in writing signed by the CRA, waive any Event of Default which has occurred and any of the consequences of such Event of Default and, when so waived, the CRA, the WC and all other parties to the Loan Documents will be re~ored to their respective former positions, rights and obligations under the Loan Documents. Any Event of Default so waived will, for the purposes of this Agreement, be deemed to have been cued and not to be continuing, but no such waiver will extend to any Page 3 of6 subsequent or other Event of Default or unpau any consequence' ,,1i "ueh subsequent or other Event of Default. 10. Miscellaneous, It is further agreed as follows: ] 0.1 Cumulative Remedies. No failure on the part of the CRA to exercise and no delay in exercising any right hereunder will operate as a waiver thereof, nor will any single or partial exercise by the CRA of any right hereunder preclude any other or further right of exercise thereof or the exercise of any other right. 10.2 Survival of Representations. All represent~i6^1is_l1~d warranties made herein will survive the making of the Loan 8.l!a;/the delivery of the Loan Docume~ts, but all represe?tations and warranJ,~~~~~, herein will terminate on payment ill full of the PromIssory Note. /",,, ':,t\\~, ',./'.( '<!:::':~,ig;.;>; 10.3 Notices. All notices, requests ~Jlae~~ds Wilf~W}~~~rved by certified mail, return receipt requested, as follQY{S: ,;(':t}~", {{j:~.:]" ;,--. "<~{~~~~:~" Borrower: Women's Circle,/fnc'~l,"}i2j:_ ).,' ---------.--- - -- .,'>'ft-. ' , .'""~ \ :._:1::,~"\^;':".., With copy to: Arthur B.ni:-"; 105 Eastpilmi \'}f~ Boca Raton, ~L, ..0, ,-r....... _. \:;;;\ /{yF ,./>"" ''''9/ Lender:<; -.. - ""'''~Thton Beach 2&hununity Redevelopment Agency .ft;;:"::'},-,, 915,,_.',,"','South Federal$i".,."n'h,. way .. '-:'~ ,::.~> /.,.;/ \,.,~ "<;!-;!lt~" ~B~tp,~,,\~each, FL}3435 '<;;'i;!l.:A..tm:"~b1sa:BnlW~Jtxecutive Director "~f~1Df~~,~::;,.. --<::~L:'.:':,:.~~.:.~:- Dc;~~,g!- I?,oody, Esquire GO~lj;~:CHEROF, DOODY & EZROL, P.A. 76 NErFifth Avenue <" oynton Beach, Florida 33483 , Telephones: (561) 276-9400 - (954) 771-4500 . Fax: (954) 771-4923 other address as any party designates for such purpose by written notice. 10.4 Construction. The Loan Documents have been executed and delivered as an incident to a loan transaction negotiated and to be performed in Palm Beach County, Florida. The Loan Documents are intended to constitute contracts made under the laws of the State of Florida and to be construed in accordance with tbe intemallaws of Florida. The WC hereby consents to the jurisdiction and venue of any state or federal court sitting in Florida, in any action brought for enforcement of the Loan Documents. Except for the terms defmed in Paragraph J of this Agreement, the descriptive beadings contained in this Agreement are for convenience only and are not intended to be used in the construction of this Agreement. This Agreement may be executed in multiple counterparts, each of Page 4 of6 which will be an original instrument, but all of which will constitute one agreement. 10.5 Binding Effect. This Agreement will be binding on the WC, its successors and/or assigns, 1 I. Defmition 'of Terms. As used in this Agreement, the following terms will have the meanings indicated: 11.1 Agreement. This Loan Agreement dated , 2009 entered into by and between the CRA, as Lender, and the WC, as Boq,qYV6h~ :t:p~ ""\:.~ ~" 11.2 Default. The occurrence of one or more:' ,': of Default, the failure of /;!;;"",' ~C to remedy the s~e within the time prov~~a in. ' .' greeI?ent and the elec- tIOn by CRA to exerCIse one or more of C 's r~!DedIes ' thIS Agreement. ...~" '\. '\;, . 11.3 Note. The Promissory Note jP~e face ~ount of $10'~<'iP,~0, bearing the date of this Agreement to be exectp:e ',! e W@J"and delivered t6'1;lj~J?RA. ~- 'V~ifj;~) I 1.4 Loan. The loan is in the amo~i': ;\.-<~9" .00 to be madtby the CRA to the WC pursuant to the terms of this Agreeitien\. ~~:\>. 11.5 Loan Documents:. ;,:m,gruments exec ~~.",~fI delivered by WC to the CRA to evidence and secur . .aYffi'::~ . e Loan, mgi6aing but not limited to, are: (a) Promissory Note; (b) Firs ";,~urc oJ~age and Security Agreement; \:.,,-." ..)I' (c) Loan A ' ent; and othet1i~I.,. oan' "ents. ,6. '\1''''''' t16#fh; '~( ~~ 11'~,~'a[:;ender. ':;~, Boynton B,~~mmunity Redevelopment Agency (CRA). 11.7 omen's qjfCie, Inc., a Florida not-for-profit corporation ~JW ). ,)i;(;P' ./:;;f~[::r ~{.Y /<iY< 11.8 --<". ,_ period beginning August _ 2009. A(<i~;:~1';' ~ ) {,,~..{Dit;lrss WHE"~;1PF, t4~:"parties have executed and delivered this Agreement to be effective the!ioate first above wntten. ,.\tiG~~l;,," f~[!iJ BORROWER:"".5fi';;";~' '~$J4:;~~; The Women's Circle/inc., a Florida not-for-profit corporation By: , President LENDER: Page 5 of6 -n h co_-Un.\nI Rede'\'e\OPU\ent p,.genc'S Bo-ynton. ve1lC -- ,~.l -~- '8)': JerrY 'ta)'lor, Cha\rI1la1l . \J \L llI\ Agreement.dOc l<.'200,,,,,(J413 BBe",,''"- cu., \n' ".n 0 "page 6 of 6 This Instrument was Prepared By: Donald J. Doody, Esquire GOREN, CHEROF, DOODY & EZROL, P.A. 3099 East Commercial Boulevard., Suite 200 Fort Lauderdale, Florida 33308 Boynton Beach Community Redevelopment Agency PURCHASE MONEY MORTGAGE 4~ A:l~~I..1:~ THIS PURCHASE MONEY MORTGAGE is made and enter!l~;iiiito this _ day of August, 2009 by the Women's Circle, Inc., a Florida not-for-pro <t~~l~oration (hereinafter referred to as "Mortgagor") and the Boynton Beach Communi opment Agency, a Florida public body corporate ~nd politic created pursuan :~ :\;i~~356 F.S., who~e post office address 915 S. Federal Highway Boynton Bea9, 33435, Bo" Beach, Flonda 33444 (hereinafter referred to as "Mortgagee"). ~' WIT E T ~~~~~)i7 WHEREAS, Mortgagor has simultaneously hef' ,~i~~~uted, and delivered to Mortgagee '~~'J,":" /,:'-:',p' that certain Promissory Note (the ''Not ted of even 'aaw~)1erewith, in the principal amount of ""',i,'~' One Hundred Tbousand and 00/100 ' ,~Iiti,~OOO.OOY~:~f.~le in accordance with the terms and provisions as particularly stated there C'.:" es on oi~~~t:ore the Maturity Date set forth in the Note, which Note shall include any ion'~}~w'renewals thereof, and, which Note, by reference is made -'''''.'hereofto th ,>i?>.ut in full herein. ce of all covenants and conditions in the Note uring the Note, and in order to charge the THE MORTGAGED PROPERTY A. ' lIMO ~ '.' AGED PROPERTY: That certain tract ofland located at 912-914 SE 4th Street, Boynton B '", 33455 (the "Property") and more particularly described as follows: See Attached Subject to the sole discretion of a majority of the Board of Commissioners of the Boynton Beach Community Redevelopment Agency, Mortgagor is granted an one time option to transfer the subject mortgage to another property located in the eRA district, owned in fee simple by the Mortgagor and equal or greater in value to the real property subject to this mortgage. B. THE IMPROVEMENTS: TOGETHER WITH all buildings, structures and improvements of every nature whatsoever now or hereafter situated on the Property, and all fixtures, appliances, equipment, furniture, and property of every nature whatsoever now or hereafter owned by Mortgagor and located in or on, or attached to, or used or intended to be used in connection with the Property, or other improvements, such as, without limitation, all apparatus, machinery, appliances, equipment, awnings, and other furnishings, plumbing, heating, laundry, air-conditioning, lighting, and fIxtures and appurtenances thereto and all built-in equipment and built-in furniture, all extensions, additions, improvements, betterments, renewals, and replacements to any of the foregoing or articles in substitution therefore and all of the right, title, and interest of Mortgagor in and to any such property together 'with the benefIt of any deposits or payments now or hereafter made bv and/or to Mortgagor or on its behalf(the "Improvements") /<. , C. PERSONAL PROPERTY. TOGETHER WITH a ~~WitY interest in (i) all articles of personal property and all materials delivered to the property q~(e;n~~d in paragraphs A, B, and C hereof, from time to time, and owned by Mortgagor; (ii)/@h'i561itt&9t rights, licenses, general tangibles, actions and rights in action, including all ri~t5\::t6' ins~~~i.proceeds, and (iii) all proceeds, products, replacements, additions, substitutiq~~~tenewaIs, and "aqg~~~ions of any of the foregoing. Mortgagor hereby grants to Mortgagee ai;~1frIty interest in all ~~~? rights in action and personal property described herein. This Mo, 'e,,,""!! is a self-operative secunij'weement with respect to such property, even though Mortgagor a" execu!~:and deliver on &fu~d such other security agreements, financing statements and other ""c:t, e /;'fuay request in order to peIfect its security interest or to impose the lien her~~f more speci:fi~~. n any of such property. Mortgagee shall have all the rights and remedies in.4iaditiol1 to those specified herein of a secured party under the Uniform Commercial Code (the "Codef1);(t~:it\ij""~~~d that tllis\'~ortgage shall constitute a Security Agreement wi~ the meaning of ~e C~~~t, M6~~f~:".~h.alI:Z~~&,,"time to time, ~n request of Mortgagee, dehver to Mortg~9:~ an mventoQ"~Rf alls,R~9':~.B,I~, or:personal property m reasonable detail. Mortgagor cove~<mii~qJct,~presents<~~1:f~~tsuch""P~r~~9aI property now is, and that all replacements thereof, ,~~}~~tions:~~erefore "~~t:;additions thereto, unless Mortgagee otherwise consents, will be ,1;:~and clear of>>:~~perior Ii "':'," ncumbrances, or security interests of others. Furthermore, in the{", of Defaulf;r!.the parties '" , that, in the event Mortgagee should elect to proceed with respect to\~~)~;)e~~115~J:~~:(~~""'\i~; five (5) days notice of the sale thereof shall be reas~:c1[~~II!t.0l~~s;:f\:>, ~. ti.;(~f~;f~: ~ ~",q:2,~iV~ /(i:~~J HA ~ ANBiTR HQ~f.l:;~e same, with the tenements, hereditament, and appurtenances there~!9,belongmg unto 'M:f>.rtgagee;',~:i'\" " :<,_~;. ,~_''. "\;~~}~~~" ).:'~~2) ~~~ORE Mon:g~8r covenants and agrees with Mortgagee as follows; "<:<~n.,. A Ji~;'S~ 1. "Wan-an afritle. Mortgagor is indefeasibly seized of the Mortgaged Property in fee simple; that Mo '1i$tflll1 power and lawful right to convey said property in fee simple as aforesaid; that it shal "",/ wful for Mortgagee at all times hereafter peaceably and quietly upon an Event of Default (hereinafter defmed) to enter upon, hold, occupy, and enjoy said property; that said property and every part thereof is free from all liens and encumbrances, except from the current year's taxes which are not yet due and owing; that the Mortgagor will make such other and further assurances to perfect the title to said property in Mortgagee as may hereafter reasonably be required; and that Mortgagor does hereby fully warrant the title to said property and will defend the same against the lawful claims of all persons whomsoever. 2. Taxes and Liens. 2.1 Mortgagor shall deliver to the Mortgagee receipts evidencing the payment of all liens, levies, and assessments for public improvements within thirty (30) days after same shall 2 become due and payable; and to payor discharge within thirty (30) days after the due date, any and all governmental levies that may be made on the Mortgaged Property, on this Mortgage or the Note or in any other way resulting from the mortgage indebtedness secured by this Mortgage. Mortgagor shall have the right to contest the payment of ad valorem real property taxes pursuant to an in accordance with applicable state and local law. Mortgagor agrees to supply proof of such contest to the Mortgagee on or before April 1 of each year. 2.2 Mortgagor shall not permit or suffer any mechanic's, laborer's, materialmen's statutory or other lien to be created or to remain a lien upon any of the Mortgaged Property, but in said event, Mortgagor agrees to remove, vacate, or bond off any such"'&' within twenty (20) days thereof. dm~~1l~~~~.~~.. . 2.3 Notwi~tanding any other pr~visio~ -{~fj~s'M~~~e, M~~gagor shall ~ave the nght to contest any taxes, liens, and charges proVided proceeds Wlijt4ue dIligence and gIves Mortgagee adequate insurance by bonding such dispu' or by depos~g:Jhe amounts of such .....~..:..,..~~ disputed taxes or charges with Mortgagee, which de amounts shall be fe~~d to Mortgagor, upon resolution of such contest and evidence 0 agor's compliance witIi{'~~, determination ',;....,.....~.b. thereof. "'~g$' ate of this Mortgage, of any law f mortgages or debts secured by as to affect this Mortgage, or ts, or other similar charges e. edherebyshwlimmemMe~ 3. <~?~fig~~ . .r:\..~.... 3.1 ~~~M, or ~~:lta.m,~,,:, :".:;; [0 ,:. ,; insurance with a reputable and highly rated .....,..........,,, ..... ~,T,.".,".--- -.....,.-- .,....,....'or'.'{'o '-,~~_~ ';"- or coiji'" """\si'licensed;t~-, onda and reasonably acceptable to Mortgagee, ents now or hereafter located on the Mortgaged Property and all e al property encumbered by this Mortgage, for an amount not eir full insuralue 'oectl!,,replacement cost basis, without contribution or coinsurance .J.~",:;;f;'tr.. . insurance and .,,,). agreea(amount endorsement), for the benefit of Mortgagor and Mortgag "eir interests \1'i:,',J!' appear, by policies on such terms, in such form and for such periods as Mortgage require rove from time to time, insuring with extended coverage and broad form coverage.~ 0 age by fire, lightning, flood, windstorm, hail, aircraft:, riot, vehicles, ~l~,!. explosion, smoke, '!Jects, collapse, sudden tearing asunder, breakage of glass, electricity, sprinkler leakage, wa age, earthquake, vandalism and malicious mischief, theft, riot attending a strike, civil commotion, war risks (when and if war risk coverage is available), and when and to the extent required by Mortgagee, against any other risks. Regardless of the types or amounts of insurance required and approved by Mortgagee, Mortgagor shall assign and deliver to Mortgagee all policies of insurance which insure against any loss or damage to the Mortgaged Property or any part thereof, as collateral and further security for the payment of the Loan. 3.2 If Mortgagor defaults in so insuring the Mortgaged Property or any part thereof or in so assigning and delivering the policies, at its option Mortgagee may effect such insurance from year to year and pay the premiums therefore, and any such sums advanced by Mortgagee shall bear interest, shall be paid and shall be secured as provided herein. 3 3.3 If Mortgagee receives any money for loss or damage by reason of such insurance, then Mortgagee at its option shall retain such proceeds and apply them toward the payment of the loan (in the order of priority Mortgagee may deem appropriate in it's sole discretion) or disburse them to Mortgagor, under such safeguards as Mortgagee shall deem appropriate in its sole discretion, for the reconstruction or restoration or repair of the damaged Improvements, but Mortgagee shall not be obligated to see to the proper application by Mortgagor of any such disbursement. 4. Damage or Destruction of Property. If the Mortgaged Property or any part thereof is damaged by fIr~ or any other cause, Mortgagor will give immediate w9,~~ notice of the same, upon knowledge or discovery of same by Mortgagor, to Mortgagee. /4S~7 /~;,l~~i',,? ~~J 4.1 Each casualty insurance policy shall provicl~(5 ,1Rroceeds of insurance paid .. .(~.~'t;? 't.~~~~ .. on account of any damage or destruction to the Mortgaged f,foperty or thereof, shall be patd to Mortgagee. Mortgagor shall promptly deliver to Mou(a:g& any Proce;. .:ch are paid directly to Mortgagor by the casualty insurance carrier or/.:6f'fuly governmental i-governmental k--:- '~-w' , authority. In the event of damage or destruction JQi~e Mortgagee! Property or ;:;Rortion thereof, .. .. .. '(J,(;"OC\"; A~. ~rr:-~~ whether msured or unmsured, or if any part of theJ\fgrtgaged P~9~rty shall be phySig~lIy damaged through condemnation, Mortgagor shall, as set forth "ab&x~;? ~t~'~tffiiTIediate 'Written n~ice thereof to Mortgagee and Mortgagee shall have the option, in i~~~Q}~l;~a absolute discretion, to apply any portion of the Eroceeds to the payment~f7t11e." ebtedness:"eYi9~nced by the Note, or to allow all or '\. .-?.....;.";>:,. any portion of the Proceeds to be used D . ration, rep8!t;>f?r replacement of the Mortgaged " "':; ,;'~ 'r.--C' Property or applicable part thereof under s .".;; may De~~~blished by Mortgagee. "'''''''''''" ~:Jntg..^'<";;> 5. Mo a ee's.Ri Ho PerforniIJ e a ort or. If Mortgagor defaults in ({'r~",~""'"'-"""'t".(""':""~;'~.'" \':':, ~:<" the payment of any ""'''essmen~;!;~~cumb ,', 'i;OJ' r other imposition, in its obligation to furnish insurance hereunder/. ' e perfo~~ce or ob~e.t:Y.~ce of any other covenant, condition, or term in this Mortgage, Mort"'., ay, at itsAtiition, perfo~~9..r observe the same without waiving any rights it may have hereunde ':;;;i:,~~I~Bh~"":" ~~}per such payme.nts are re~lar or ac~elerated payments) ,. . an~"'<(~t~~~ m :':_,,,,,,fd by Mortga?ee m connection thereWIth shall become, lIIJ1lit;9Mltely under the terms of the PromISSOry Note executed by Borrower. ........,ft....... The.",.. _. ts so inc paid],1")1.)y.lortgagee, together with interest thereon at the 'maximum rate pen:Ifi*~ by applicable 1 om:"tij~\~te incurred until paid by Mortgagor, shall be added to the ;<~'''');. .....,...;,.. indebte-~~~~ and secured b"""" lien of}this Mortgage. Nothing contained herein shall be construed as requiriilgj~' rtgagee to ad'1"'''l\ ce or expend monies for any purposes mentioned in this paragraph, or for any 0 !ll"Pose. M ee is hereby empowered to enter and to authorize others to enter upon the Mo 'fO any part thereof for the purpose of performing or observing any such defaulted covenan \"J.t~ or tenus, without thereby becoming liable to Mortgagor or any person in possession holding.up':;,.~ Mortgagor. 6. Event of Default. The term "Event of Default, II wherever used in this Mortgage, shall mean anyone or more of the following events: 6.1 failure by Mortgagor to pay within fifteen (15) days of the Maturity Date or interest as required under the Note. Failure by Mortgagor to pay prior to their delinquency any taxes. aSsessments, liens, charges or any insurance premiums required under this Mortgage; 6.2 failure by Mortgagor to duly keep, perform, and observe any other covenant, condition, or agreement in this Mortgage, any other instrument securing the Note or any other instrument collateral to the Note or executed in connection with the sums secured hereby for a period 4 of thirty (30) days after written notice of breach. If the nature of the default is such that it cannot be cured within such thirty (30) day period, Mortgagor shall not be deemed to be in default hereunder so long as it proceeds in good faith and with due diligence to cure such default; 6.3 the assignment for the benefit of creditors, or the admission in writing of an inability to pay any debts generally as they become due, or the ordering, the winding-up or liquidation of his affairs, by Mortgagor; 7.4 Mortgagee the actual such officers and a Property, and may e'" 3.4 the commencement of a case against Mortgagor under any insolvency, bankruptcy, creditor adjustment, debtor rehabilitation or similar -~~\.state or federal, or the determination by any of them to request relief under any insolvencY1' ii-iP' ptcy, creditor adjustment, debtor rehabilitation or similar proceeding, state or federal, inclQglp:,o,", out limitation the consent by any of them to the appointment of or taking possession by a,;f.t~~~~ij9.uidator, assignee, trustee, custodian, sequestrator or similar official for it or for any of1!ts~sPectiv~:R~ erty or assets, and such action is not discharged within sixty (60) days after co ,6'1"@~ent; or 'q('.;f~", 6.5 the conveyance of any . < real property which is subject to the Mortgage. C limited to, sale, lease, entering into a Contract for Dee, : l~li:~~~ ort~ee, shall forthwith surrender to nt permitt~d by law, Mortgagee itself, or by er and take possession of all the Mortgaged employees wholly therefrom. ,,'" s ]re"8son fail to ,surrender or deliver the Mortgaged '~If'" ortgagee's demand, Mortgagee may obtain a judgment or decree .,' . '" . ediate possession of all or part of the Mortgaged Property to /j"'"o,." " Moft~ee, to the entry , " c' ". ent or decree Mortgagor hereby specifically consents. This par~grilp~l~~.~ubject. to any 'd d~fefi~~ that the Mortgagor may possess, and Mortgagor does not waIve sucb:~fr ~.se m conne ' ,qn WIth thIS paragraph. '<<6""" "";"" gor shall pay to Mortgagee, upon demand, all costs and expenses of obtaining such j~d{:t!;l JNlecree and reasonable compensation to Mortgagee, its attorneys and agents, and all such, <,~ s, expenses and compensation shall, until paid, accrue interest at the maximum rate permissible under applicable law and be secured by the lien of this Mortgage. 8. Mortgagee's Power of Enforcement. If an Event of Default shall have occurred and be continuing, which Event of Default has not been cured within ten (10) days for monetary defaults and thirty (30) days after receipt of written notice for non-monetary defaults, Mortgagee may, either with or without entry or taking possession as hereinabove provided or otherwise, proceed by suit or suits at law or in equity or by any other appropriate proceeding or remedy: other right; 8.1 to enforce payment of the Note or the performance of any term hereof or any 5 8.2 to foreclose this Mortgage; and 8.3 to pursue any other remedy, legal and/or equitable, available to it herein granted and/or under applicable law 9. Suits to Protect the Mortgaged Property. Upon an Event of Default, and after the expiration of all applicable grace periods, Mortgagee shall have the power and authority, but not the obligation, to institute and maintain any suits and proceedings, as Mortgagee may deem advisable: 9.1 to prevent any impainnent of the Mortgagec;l(]?'k~perty by any acts which may be unlawful or any violation of this Mortgage; /'; '~L. : ~.~t::~tK" 9.2 to preserve or protect its interest in 1)1~.M6~~~d Property by seeking the appointment of a receiver, Mortgagee shall have the right 19, Jpply for ili~1a.ppointment of a receiver , /""'c>" ,,<""-:c" of the, Mortgaged Property and the rents and profits thef!r.Qt""and Mortgag~:'~, II be entitled to the appointinent of such a receiver as a matter of rigl};{g~M'ithout consideratiori"the value of the Mortgaged Property as security for the amounts g.,~iM6rtgagee or the solvency 'i(.;,.D' Obligor. To the :xte~t permitte? by law, Mortgagor hereby ~ili~~~I},any ~s,?J'i~'object to the a:p~9intment .of a rec~Iver as aforesaId and expressl~ consents that suc:ti~;~~r3w~,ent shall be made as an admItted eqUIty and _as a matter of absolute nght ~~~gagee; an~'~Qil~l',~~/ \i;"',:",..;:;:'): ,-"c'_-'''"" ] O. Delay or Omission No Wi8'iwefJ' elay or oiIij~$~on of Mortgagee or of any holder of the Note to exercise any right, power, ot;{~ . upoi?~~:;Event of Default shall exhaust or impair any such right, power" or remedy \~i:t~all ~}~P to \'0iive any such Event of Default or to constitute acquiesceJ!,~i1.tlj~~,i!;. EveI)'\~~ . , ',,'oa~!Dedy given to Mortgagee may be exercised from time t~,'~~'ahd as~--a~~~, as may~~;;\ emed expedient by Mortgagee. /::';,~.~r, t;y" L,; ,_~:i~;i \~ :~'~:~;~ I ] . No'<\y:#.v~r of OneA::)~:tault to Affe~t other. No waiver of any Event of Default . '",dt:':" I~l~'~'''''':'~., '\:. hereunder shall extendtp/Qr aff~{,:tj@Y:i$qQs.!fQJ.lent\" yother Event of Default then existing, or ""'.:,""~"" A:,;:'~""')'''';'~'~ ~;'ol,.,_.,~!",.:~-....'~,;\I.':';_'r:":,~ \,.,... impair any~,gq :,;~rs~6i~;~e.dies coiis~qtie.#f~eieon. If Mortgagee: !,'~iJ:~: :<;~~}f,~;t:~ . ~<S~;:.3;~~. AP,:,;J/~ 11.1 "'1~,~~ts 'fQt?~~ance or an extension of time for the payment of any sums secure4~ereby; '('/!j~\, "<S;;1~;,. '~~~f~' ,~ '~<Jh'", 11.2 takes"~~er or additional security for the payment thereof; v -'" I'~,fr'" " - 'i~>. l;;'.~:~~~~ ~\: "", /"","" 'lJ[l~" W€H:y~s'i'or does not exercise any right granted in the Note, this Mortgage or ~"""~ -",,,'.-:',\W any other instrument~;"y.""'the Note, J 1.4 release any part of the Mortgaged Property from the lien of this Mortgage or any other instrument securing the Note; or 11.5 makes or consents to any agreement charging the terms of this Mortgage or subordinating the lien or any charge hereof, no such act or omission shall release, discharge, modifY, change, or affect the original liability under the Note, this Mortgage or otherwise of Mortgagor, or any subsequent purchaser of the Mortgaged Property or any part thereof or any maker, cosigner, endorser, surety, or guarantor. No such act or omission shall preclude Mortgagee from exercising any right, power, or privilege herein granted or intended to be granted in case of any Event of Default nOT, except as otherwise expressly provided in an instrwnent or instruments executed by Mortgagee, shall the lien of this Mortgage be altered thereby. 6 12. Further Encumbrances. In the event any additional mortgage or encumbrance is placed upon the Mortgaged Property, payment of the entire indebtedness secured by this Mortgage shall he accelerated and become payable in full, at the option of Mortgagee. 13. Notice. Any notice, report, demand, or other instrument authorized or required to be given or furnished under this Mortgage to Mortgagor or Mortgagee shall be deemed given or furnished when addressed to the party intended to receive same, at the address of such party, and delivered at such address or deposited in the United States mail as rrrst class certified mail, return receipt requested, postage prepaid, or by hand delivery or expedited .... such as Federal Express) whether or not the same is actually received by such party. All no' ven hereunder shall be in writing and addressed as follows: As to the Mortgagee: Boynton Beach CommuniJY.. R 915 S. Federal High~(yt1> AS,""" ~/ Boynton Beach, 'f;~3'-435 .f' <8 At1n: Lisa Bright, 'E!; ',,", With a copy to: 'f".:<f hea' s of the sections, paraf?!aphs, and subdivisions of this iiR{ reference only, are not to be conSIdered a part hereof and shall not . '.- t any of the terms hereof. 15. sions to Affect No Others. In the event that any of the covenants, 'agreementS, tenns, 0, isions contained in the Notice, this Mortgage or any other instrument securing the Note shall be invalid, illegal, or unenforceable in any respect, the validity of the remaining covenants, agreements, term, or provisions contained herein and in the Note and any other instrument securing the Note shall be in no way affected, prejudiced or disturbed thereby. 16. Governing Law. This Mortgage is to be governed by and construed in with the laws of the State of Florida. 17. Required Notices. In addition to any notice requirements contained elsewhere in this Mortgage, Mortgagor, upon knowledge or discovery of said event, shall notify Mortgagee promptly of the occurrence of any of the following: 7 17.1 a fIre or other casualty causing damages to the Mortgaged Property or any portion thereof; 17.2 receipt of notice of condemnation of the Mortgaged Property or any portion thereof; 17.3 receipt of notice from any government or quasi-governmental authority relating to the development, structure, use or occupancy of the Mortgage Property or any portion thereof: /". , " 17.4 portion thereof; or :':,i') ';:',1:;' commencement of any litigation affec9ng'iI1~: Mortgaged Property or any ,,', ., ".' ~I" . '.'.; ;'....~ I '. ~ -, -,' ~ /;:~;'~~7 '<',' ~':. . J'(:' '. 17.5 the fIling of any lien fIled Q.ii~y contractor;~"b:contractor, sub-sub contractor, or materialman providing materials and/o~:~~]6'es to the impTOvem~hf;ofthe Land. ":J.:\;,. .. ", /'" 'c"', 18. ComplIance WIth Law. Mortgag arrants~~~;represents that"~ortgagor has complied, and shall hereafter comply, with all valid' ." /~:pfdinances, and regulations of the Federal, state and local government, ang all agencies I(li2.!; visions thereof which laws, rules, ordinances and regulations apply or rel~j:q::tQe Mortgag . {',,,' p.perty and the use, development and '.c''''..'..'.'."... ",'~','.:" construction thereof and of improvementsiK9Y;~q"i[p.~m~~er locat~l~ereon or on a part thereof. \?,}~. ,",.(t{Q::!:)~:'.::~_::!~,~" '-<?nt~, 19. Attorney's Fees. As used iri,~s M~rti~;f""~ .,.all'&;iili Documents, attorney's lees ,~,"':-JJ.,:"..::tt:__ V'!t.';:" ...<~" ,~'~;'l,.' .~C\;;::1'::':<. shall include, but not. "!i~~~Jtij)l:}~ re~on~J~{~~'S' in.~.:~m all m.atter~ of colJec~ion and enforcement, construct d mte,!'p[ftatlOns ':1,jf,~re, dunng and after SUIt, trial, proceedmgs and appeals, as well as,.:M ances' v.l;"" d conn~t~1;l with appellate, supplemental or bankruptcy /'..~~".'~- \ .....~'''' proceedings, or creditQt~1~eorg', or arrange'q!~'g,t proceedings, ,:<!:~~\~" ~i1;~.m'K ';'~, \;~\j;;;; 20><,",;r,f.Y:c;:n,~e. Mq,~ """"'r agre :::!t~JtPBeach County, Florida is the proper venue for :y an~~lPlegaU~t.~,~~::dm '~:'i:;~~ing out of tfits Mortgage, the Note and any associated loan oc~~~~:, ; '\<>~f:;:'\, ,,~ e<~:i~ ~+l:;i,' Indemnification. Moqgagee is the lender only and shall not be considered a ,.,~:...",,~.,- \t.......,,- shareho]derj'jQ!nt venturer oi~pWtner of the Mortgagor. Mortgagor and Mortgagee intend that the relationship ((~~ under ~~~Mortgage and all other Loan Documents are solely that of Mortgagor, and Mortgagee~~;1X9thingJi#:ein OT in any of the Loan Documents is intended to create a joint venture, partnershfp~~~~~~~~F in co~on or j.oint tenancy relationship between Mortgagor ~d Mortgagee, nor grant to;lJortgagee any mterest m the Mortgaged Property other than that of credItor of Mortgagee, it being 'the intent of the parties hereto that Mortgagee shall have no liability with respect to the Mortgaged Property. Mortgagor hereby agrees to indemnify and hold Mortgagee harmless and defend Mortgagee against any loss, liability, cost or expense (including without limitation, reasonable attorneys' fees and disbursements) and all claims, actions, procedures and suits arising out of or in connection with tbe construction of the single family residence on the land. 22. W AlVER OF JURY TRIAL. BY ACCEPTANCE HEREOF, TIlE MORTGAGOR AND MORTGAGEE MUTUALLY AGREE THAT ALL PARTIES HERETO DO HEREBY KNOWINGLY, WILLINGLY, AND VOLUNTARll,Y WANE TIffiIRRIGHf TO TRIAL BY JURY, AND THAT NEITHER PARTY, NOR ANY PARTNER, ASSIGNEE, SUCCESSOR, HEIR, OR LEGAL REPRESENTATIVE OF THE PARTIES (ALL OF WHOM ARE HEREINAFTER 8 REFERRED TO AS THE "PARTIES") SHALL SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM, OR ANY OTHER LmGATION PROCEDURE BASED UPON OR ARISING OUT OF TIIE MORTGAGE OR ANY lNSTRUMENT EVIDENCING, SECURING OR RELATING TO THE INDEBTEDNESS AND OTHER OBLIGATIONS EVIDENCED HEREBY, ANY RELATED AGREEMENTS OR INSTRUMENT, ANY OTHER COLLATERAL FOR THE INDEBTEDNESS EVIDENCED HEREBY OR mE DEALINGS OR THE RELATIONSHIP BETWEEN OR AMONG PARTIES, OR ANY OF THEM. NONE OF THE PARTIES WILL SEEK TO CONSOLIDATE ANY SUCH ACTION, IN WIllCH A JURY TRIAL HAS NOT BEEN W AWED, WITH ANY OTHER ACTION, IN WHICH A JURY TRIAL HAS NOT BEEN WAIVED. THE PROVISIONS OF TIllS PARAG HA VB BEEN FULLY ":' NEGOTIATED BY THE PARTIES. TIIE WAIVER CONT.AlNED~; '. IN IS IRREVOCABLE, ./!.'''U"'hS;;i' CONSTITUTES A KNOWING AND VOLUNTARY WAIVE /",.:; HALL BE SUBJECT TO '"' NO EXCEPTIONS. MORTGAGEE HAS IN NO W AY AG',_i'~,:~ H'. OR REPRESENTED TO .Ii ';....0;.. "'l;;;:r,,,t..-....,.~ ANY OF THE PARTIES TIIAT THE PROVISIONS OJ?",. ,;. S PAR:i\9~H WILL NOT BE FULLY ENFORCED IN ALL INSTANCES /:boc", ",'IT};, . ,,/1;"'/"" "'\;;(~G()]~ IN \VITNESS WHEREOF, Mortgagor h?S" uted this Mortgage as "~f;~~,. day and year first above written. ';:~~~Z1l~;},~," ,./(;;f~~f#l' "\(;JL;r:;c. Signed, sealed and delivered ,4' " MORT~~ ,t : in the presence of: ,\\{: 'q" The Wonf' ircle, Inc., '~i '..' rida noi~ft.~PJofit corporation A1i'~~,," "\,;,.,;".",r:,t. '~;~.m 1(~tPW' . .. " "~r~1~~~~L:i[{!tJ,~?,~'" Print Name . acknowledged before IDe this _ day of , 2009 by , Pr cent of the Women's Circle, Inc., a Florida Dot-for-profit corporation, on behalf of the corporation, who is personally known to me or has produced Florida Driver's License as identification. NOTARY PUBLIC 9 "'12"'''0473 ""C'RA.\W",""" Cin;, h" '-\PM "''''''''do< 10 Boynton Beach Community Redevelopment Agency PROMISSORY NOTE Acquisition Loan $100,000.00 Boynton Beach, Florida August , 2009 FOR VALUE RECENED the undersigned, the Women's Circle,loc., a Florida not-for- profit corporation (hereinafter the "WC"), promises to pay to the Boynton Beach Community Redevelopment Agency, a Florida public body corporate and politic created pursuant to Section 163.356 F.S., (hereinafter the "CRA"), whose address is 915 S, Fe ral Highway, Boynton Beach, Florida or such other place as the CRA hereof may, frq;. . ~Jo time, designate in writing, th~ p:IDcipal sum of One Hun~red Thousa:n~ and 00/100 .< "'~O O.OO~pollars, the afore~d . pnnclpal sum as hereafter provided to be paId m lawful m", "'", f1Qe United States of Amenca, which shall be legal tender in payment of all debts and dues, lilS~d p~ at the time of payment as follows' ~;"; ''is,,,, . ~~ '\1~, '<:i{:::;'{o. This Promissory Note (hereinafter t e 'J shall not accrue ini~i:.g~t. The Note shall be due and payable in full on t . . the ~ 's interest in the lti1$}(family or Prol!erty (or its b~neficial interest in!nl~r lJ{$.t~f the ~Property).~:jltsold or otherwlse, transferred. ~~Rate of closmg,' ,~llmg-'Qr assignment Ii! the we's interest shall be conside'i~fJ:" ""- ',f%n::ity Date. ' ~'" . It is hereby agreed th.at if~~y'pgY.gl~:i~f'egnciPal is ~~t.~~~l?within fifteen (15) days ~fthe Maturity Date as above ~ed; or m tli~>~vent J~!t be mad~:(~' the performance or complIance with any of the coven .. <COnditions ofbhy.s " "'~ecrnedtW'now or hereafter in effect securing payment of this N upon an1)~efault in 1ii.fpayment Ql~y sum due by WC to the CRA under any other promisso 'l~" security ~tmment 3f,gther 'Mift~n obligation of any kind now existing or hereafter create9~ or upo;'iQ.~ . '~i, bankrup~ gtL~dissolution of the WC hereof; then, in any and all such ey:;~;11:h"e~~&e aiiJ:\" ci~of ~Note with all interest then accrued, shall, at the option:' "~ holder of~ No 's"" ~itho~ nim...~tthe wc expres~ly waives no~ce of such default), becom Oi,l'e due and colJ~ctibl~Vme bemg of the essence of this Note. If this Note shall not be paid at the ~a.Writy Date or'<(~cordirl,., 0 , ,e tenor thereof and strictly as above provided, it may be placed in the h~~ of any att~\iey at "f?r collection, and in that event, each party !iable !?r the payment thereof, as,t}VC, endorser~ or CWlse, hereby agrees to pay the holder hereof, m addition to ,<~ \"',' the sums above stated;;~!..reason '. e sum as an attorneys fee, which shall include attorneys fees at the trial level and on appeal~!p' with all reasonable costs incurred. After maturity or default, this Note shall bear interest at till., est rate permitted under then applicable law. ~~w As to this Note and any other instruments securing the indebtedness, the WC severally waives all applicable exemption rights, whether under the State Constitution, Homestead laws or otherwise, and also severally waives valuation and appraisement, presentment, protest and demand, notice of protest, demand and dishonor and nonpayment of this Note, or any payment hereunder, may be extended from time to time without in any way affecting the liabilj1;y of the WC. Provided the CRA has not exercised its right to accelerate this Note as hereinabove provided, in the event any required payment on this Note as hereinabove provided, in the event any required payment on this Note is not received by the CRA within fifteen (15) days after said payment is due, WC shall pay the CRA a late charge of five percent (5%) of the payment not so received, the parties Page 1 of2 agreeing that said charge is a fair and reasonable charge for the late payment and shall not be deemed a penalty. This Note is prepayable in whole or in part at any time without penalty. Nothing herein contained, nor in any instrument or transaction related hereto, shall be construed or so operate as to require the we, or any person liable for the payment of the loan made pursuant to this Note, to pay interest in an amount or at a rate greater than the highest rate permissible under applicable law. Should any interest or other charges paid by the we, or any parties liable for the payment of this Note, result in the computation or earning of interest in excess of the highest rate pennissible under applicable law, then any and all such excess shall be and the same is hereby waived by the holder hereof, and all such excess shall be automatically c A~~p against and in reduction of the principal balance, and any portion of said excess which exce, ~~ipal balance shall be paid by the holder of the WC and any parties liable for the' payme1:1f!i ~,,!oan made pursuant to this Note, it being the intent of the parties hereto that under no circum~C?es'slia']tthe we, or any parties liable for the payment hereunder, be required to pay intereS!:j~>e2'C~S~,9f th~\bighest rate permissible under applicable law. /,<;:;i~!::'fi), '~>, '<,' "': .<,~ This Note is to be construed accordihiftQ,t~e appij.cable laws of the S~e ",,~f;Florida and the United States of America and venue shall be in Paliri'!!3.eacht:;Qunty, Florida. )~')/ ','~ .(::-,~",~,;.;, (~~.~,;; /?~, "'<,i~,~,-;.: ",,- /(/;':~':::',l'he Women's Circle, Inc. (9""';~:'~~",,' h ,<~~J!~,!t:::t". By:~ ./\.f' <':;::l,.Presirlent """,'.. , \'!',., 'J .J':, -. ;"'" '\ -~- - ~:)"::./l (J"\~,.\\ \'{,~:, /'. ,,' H:\2007\070473 BBCRA\WOme~;'q~~!e Ine LY~~~Omjssory No~i~8: ::, ";{:<J~?,";""3.~:>;::,: .' ._(,~1;' ":-'. Page 2 of2 Boynton Beach Community Redevelopment Agency HAZARDOUS SUBSTANCE CERTIFICATE.AND INDEMNIFICATION AGREEMENT This Hazardous Substance Certificate and Indemnification Agreement (the "Indemnity") is made on this _ day of August, 2009 by the Women's Circle, Inc., a Florida not-for-profit corporation (the "WC") in favor of the Boynton Beach Community Redevelopment Agency, a Florida public body corporate and politic created pursuant to Section 163.356 F.S. (the "CRA "). A6~;~jL;:;\. The WC owns certain real property in Palm Beach County,l~4B~da (the "Property") which is more particularly described as follows: /f:;?~;Ci%0~)ih. See Attached.A'l'tj!t%~t The WC has applied for and obtained appr.;. C from t1l~ CRA for a io~~fi,4.~r~yith in the principal amount of One Hundred Thousand Five~ ed andmW100 ($100,000~t.p.fDoUal'S (the "Loan"), which Loan is evidenced by a Promissory N., '1has'iJQeen execute4~;simultaneously herewith by WC (the ''Note''). The Note is secured by a P '<'(~l;' oney Mortgage (the "Mortgage") encumbering the Property and other docum ts evidencing andfq~~~:uring the. Loan and executed and delivered to CRA in connection therewith \~!"t! 'vely the "LOaIT~,~9_ me~ts"). 'i-{@~ ' ";"'~r; ~. To induce CRA to make the Loan to w'f,.;~i~~demniWr ') is executing and delivering this Indemnification Agreement; and CRA h~:l!eqq~sied'tQ,i~iThdemnity as a condition of CRA's entering into the Loan tr "-'''~'''''-. '~ti' )):P ,\\ ideration ofth~,mutual covenants contained herein, and for other \~f,~' eceipt and ad~:mfcy of which is hereby acknowledged by all (, RECIT ALS: ,,1/~:;i"~ The ~~~j~wee the reci' ",,~Me tru '\ correct, and the recitals are incorporated herein by this reference. ':.4'0; "e~ibits attach~~;eereto or referred to herein are hereby incorporated by this reference. The term "Haz ' .' SUbsJ!s" means and includes, without limitation, any toxic or hazardous substances or maten~~;,)"Rs.fr'61eum or other pollutants and substances, whether or not naturally occurring, including, Without limitation, asbestos, radon, and methane gas, generated, treated, stored or disposed of, or otherwiildepcisited in or located on or under the Property, including without limitation, the surface and subsurface waters of the Property. For purposes of this Indemnity, "Hazardous Substances" shall also include any activity undertaken or hereafter undertaken on the Property which would cause (i) the Property to become a hazardous waste treatment, storage, or disposal facility within the meaning of, or otherwise bring the Property within the ambit of, the Resource Conservation and Recovery Act of 1976 ("RCRA "), 42 U .s.C. 6901 et seq., or any similar state law or local ordinance; (ii) a release or threatened release ofha.zardous waste from the Property within the meaning, or otherwise bring the Property within the ambit of, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA"), 42 U.S.C. 9601-9657, the Superfund Amendments and Reauthorization Act of 1986 ("SARA"), or any similar state law or local ordinance or any other environmental law; (iii) the discharge of pollutants or effluent into any water source or system, Page 1 of6 or the discharge into the air of any emissions, which would require a permit under the Federal Watel Pollution Control Act, 33 D.S.C. 1251 et seq., or the Clean Air Act, 42 D.S.C. 7401 et seq., the Toxic Substances Control Act, or any similar state law or local ordinance; or (iv) any substances or conditions in, on, or under the Property which may support a claim or cause of action under RCRA, CERCLA SARA, or any other federal, state, or local environmental statutes, regulations, ordinances, orders, decrees, or other environmental regulatory requirements relating to health, safety, or the environment (collectively, the "Statutes"), including the presence of any underground storage tanks or underground deposits located on the Property. Indemnitor assumes all obligations of compliance with all environmental requirements related to health, safety, or the environment imposed by federal, state, and local authorities that affect the Property or any business or other activity con"dll.cted thereon or therewith. .. ~'~',:i5' . 2. Presence of Hazardous Substances./;'!:2\: Indemnitor has no knowledge after due investigation of (i) the:~~e:~'\~~i~Y unlawful Hazardous Substances on the Property, or (ii) any spills, releases, discblgg~s,'o.t: dispos8'1\Qf(f,Iazardous Substances ~..."",.o.,;.',-~_ ~, '\i-.r~c ;:'_~: that bave occurred or are presently occurring on or onto ~~Pfoperty or any adJaqj~tproperties, or (iii) any spills or disposal of Hazardous Substances that hav~ occurred or are presentlyJbccuning off the Property as a result of any construction or operatiop'$'", e of th~i(>foperty. "~('~t:" 'J<~7:/':'~~~;~",,- (/~\/;i:,.\,\, )_::: In connection with the construction on or operation and use\)f~Propert:y, Indemnitor represents as to it'.s con!!act?rs, .subcontractors, and any o~~~fit's agents, e~p!?)~:s an.d tenants that, as ofQ1e date of thIS IndemnIty, It has no knowledge of any fa.J~W:~Jo comply WIth al,hl'pphcable local, state, and federal enviro~ental la~s, regulations, ordinancJ~~~:i!it'!i inistrative ;ili~j'll;~iCial orders relating to the generation, recyclmg, reuse, sale, storage, n~drm port, ~d; dIsposal of any Hazardous Substances. '\!\," < ~.(.;.'T:7~',;'>-~ \:h/pY; 3. Future Pi~g~ili:~:6fRazardous S~'lfstances. (~tVj~ \:i~~ \~\, A Indem.nitor agrees to imiD.~,~tely nQ1ify the eRA if'ijideinnitor become aware of (a) any Hazardous Substances or other enviro~~p;WJ/;pi9.~~~W:i;,gr)i~Wf with respect to the Property, or any adjacent prope~, o~;' ". c~ion~:;~i~?~ce"(jfthe.h1!life des~ribed in paragraph 2 above. At its own cost, Indem.nIto w ns Whl~l1:are necessary or deSIrable to clean up any Hazardous Substances affe~ . e Property,~ )ng r6iIi]~'~!rc.o~tainment, or any other remedial action required by appl ,vernmental or ,latoI)' autHoTJlles. ~ r,;;y 4. em.nificatioiii 0:1 Indem.nitor hereby" s,A6'tly and severally, unconditionally, absolutely, and irrevocably, to ~dem.nify, defend, ~~~~~p1ri harmless the C~, its a:fflliates, successors, assigns, and the officers, dIrectors, employees, l'\Pd agents of CRA, agamst and m respect of: (A) any loss, liability, cost, injury, expense, or damage of any and every kind whatsoever (including without limitation, court costs and attorneys' fees and expenses) which at any time or from time to time may be suffered or incurred in connection with any inquiry, charge, claim, cause of action, demand, or lien made or arising directly or indirectly or in connection with, with respect to, or as a direct or indirect result of the presence on or under, or the escape, seepage, leakage, spillage, discharge, injection, disposal, emission, or release from, the Property into or upon any land, the atmosphere, or any watercourse, body of water, or wetland, of any Hazardous Substances including, without limitation, any losses, liabilities, damages, injuries, costs, expenses, or claims asserted or arising under the statutes, whether now known or unknown, including without limitation: Page 2 of6 (1) any costs, fees, or expenses incurred in connection with the removal, encapsulation, or other treatment of Hazardous Substances from or on the Property; (2) any loss or damage resulting from a loss of priority of any of the Loan Documents due to the imposition of a lien against the Property; (3) any attorneys' fees, engineer's fees, and/or charges of any contractor or expert retained or consulted in connection:,yvith any inquiry, claim, or demand, including without limitation ani~t'i'hs incurred in connection with compliance with such inqu~ ,'.- or demand; (B) any loss, liability, cost, expense, or d~ ' ding without limitation, attorneys' fees) suffered or incurred as a result of or arising Qill.p 'or in co . r;>n with any failure of ~.~....~ ~ the Property to comply with all applicable environmental protection laws,' ::" ances, rules, and regulations relating to health, s8fety, or the environment{lffid any litigation, proceedih,t:Qr governmental investigation relating to such compliance or non-C9,ftp: ce; amt]!\t,:c '-<'~$"' , " {J.~~';';:';"~\, ~\~ (C) any loss, liability, cost, expense, ot'.,.. e directly or indirectly arising from ~y claim, acti~n, dem~?, cause ()f actio~;,or damage relatirig'~,,~:g~ ip. connection with any personal mJury concemmg or relatmg to the presence' bestos or other H8?t81'dous Substances on the Property. '{., ;:,;F;1- This Inde~t:$~li'i' , successors;t,iifd""~;~r' ,', ~'...,~ ""'ii. Inde~Wts obligations affecefiii~ emnity or an 5. Survival. \~~, ,",: ,\ Th~ pro~isioIl,s of and un49~~:'~ and indemri~r' 'on set' v'1Il this Indemnity sh~l survive the satisfaction and release 9.fitlie Mo~,ge and the o~er Loan Documents, and shall contmue to be the personal liability, obj.4.". and iil~~mnification \ the Indemnitor, binding upon the Indemnitor, fi <""0 '\o!'~",<~ orever ''''" :,;1",,=, "? . ., " (,"~'IiP<"'" if ~","'--4f con . ,..g, lITe.J5B1lb.i..~~d binding on the Indemnitor and its respective "'!.:':~'~." ......' shall::;~)r,f to the benefit of CRA and CRA's successors and assigns. 'der m~y,;,~,gt,be assigned. The dissolution of the Indemnitor shall not demn1tQt"s obligations hereunder. k' <~ The represen ,9~~, warranti d covenants of Indemnitor set forth in this Indem.nity shall continue in effect and, t6-'ffie'1~?ctent peqmtted by law, shall survive the transfer of the Property pursuant to the foreclosure proc;a'T.i~ e1ifer judicial or nonjudicial), by deed in lieu offoreclosure or otherwise. 6. Indemnitor shall notify CRA promptly upon receipt of any inquiry, notice, claim, charge, cause of action, or demand pertaining to the matters indemnified hereunder, including without limitation any notice of inspection, abatement, or noncompliance, stating the nature and basis of such inquiry or notification. Indemnitor shall promptly deliver to CRA any and all documentation or records as CRA may request in connection with such notice or inquiry, and shall keep CRA advised of any subsequent developments. CRA shall give written notice to Indemnitor of any claim against eRA which might give rise to a claim by eRA against Indemnitor under this Indemnity stating the nature and basis of the claim, the amount Page 3 of6 thereof, and reasonable best estimate of the amount of the Indemnitor's liability to eRA. in connectiOTl therewith. If any action shall be brought against CRA, then after CRA notifies Indemnitor thereof as provided in the above paragraph, Indemnitor shall be entitled to participate therein, and to assume the defense thereof at the expense of Indemnitor with counsel reasonably satisfactory to eRA and to settle and compromise any such claim or action; provided, however, that CRA may elect to be represented by separate counsel, at CRA's expense, and if CRA so elects, such settlement or compromise shall he effected only with the consent of CRA, which consent shall not be unreasonably withheld. <"" Indemnitor shall make any payment required to be made under this Inde~;pJ:pmptly, and shall make such payment in cash in the amount thereof In the event that SUchlp~Yment IS not made forthwith, CRA, at its sole election and in its sole discretion, may proceed t().,(iiji'~gai.nst Indemnitor <..<:;"" "~-"'::.;~:j~~~) 7. Conflict With Loan Documents. /"c,\ ' " (~jl!~'t.:.. - .-: :.:~:\:~,?~ The provisions of this Indemnity shall govern and con1t9fb~er any inconsistent ~igi~~i9ns of any of the Loan Documents, including without limitation, an~,,ff~t.lpato1)' ot~~on-recourse l~'it~a'Ptbvisions or limitations under any guaranty for the Loan contaiiIed ffi:~;..?f*~'~f61i~going agreeDJ'erits '<!(,iJ{~(;j[/ Attorneys' Fees. .0. ,.::>. '\"":_'>"/0,,. ....;-:':,:'.:'..., If at any time or times hereafter CRA emploY$ib6&~~1.f.9r advice or 'o$!*r-l;lpresentation (i) with respect to this Indemnity, (ii) except as otherwise "';~x.p~~i~p~qyjded her~iK to represent CRA in any negotiation, litigation, trial, appeal, bankruptcy;:!~,~nt~~!t'al~p~t~Ls1tjf;br proceeding (whether instituted by CRA, Indemnitors, or an party) in any,;way or respe~ffelating to this Indemnity, or (ii) to .(;",,, \-'.It ':'" enforce Indemnitors' ob~gati .,;\c!;,}.lnder, then, l!1~.any of the' foregoing events, all of the attorneys' fees, paralegals' fees,J~~ assistan~};fees, and exp~pses arising from such services and all expenses, costs, and ~harges U{~~~~~?r resR~~ ~sing in con1~9~~n therewith or :elating tbe~eto shall be paid by Indemmtors to eRA, on\ dLwlietheLor notsUlt IS brought, or If brought, IS prosecuted to jU:;~~~~::~\~~':~~~,:~~~~ No conseritipi'waiver, expressea:or implied, by a party of any breach or default by any other party in the ~.,~,~".~\,. ".H..t performance"b~i;:that other p~ of its obligations hereunder shall be deemed or construed to be a consent or waiver:!t~;1g1y otheri~reach or default in the performance by such other party of the same or "",',/.. /.".. any other obligations:,~~~~tJ.;:pther party hereunder. Failure on the part of any party to complain of any act or failure to act of~giller party or to declare that other party in default, irrespective of bow long such failure continues,.,snalI not constitute a waiver of such party of its rights hereunder. Indemnitors' obligations hereunder shall in no way, manner, or respect be impaired, affected, reduced, or released by reason ofCRA's failure to delay to do or take any of the acts, actions, or things described herein or in any of the Loan Documents. 8. 10. Delivery of Notice. Any notice required to be given hereunder shall be in writing and addressed to the address set forth above, and shall be delivered by hand, by United States certified or registered mail, return receipt requested, or by overnight express delivery. Notice shall be deemed received on the date of receipt if delivered by hand; on the day after delivery to an overnight express delivery service, charges prepaid, if Page 4 of6 service is by overnight courier; and on the third (3rd) day following posting if delivery by United States mail, at the addresses set forth in the preamble of this Indemnity, or at such other addresses as the parties may respectively designate from time to time and give notice of to the other party pursuantto this paragraph. ] I. Governing Law. The provisions of this Indemnity shall be governed by federal and Florida law, as applicable. ] 2. Separate Covenant. ~;. ,,4j~";:;:;~' Indemnitors acknowledge and agree that the covenants and obligatio~,1iFreunder are unsecured and are separate and distinct from its obligations under the Loan and th~ali:'iJbcuments. .. ,r,' 13. SeVerabIlItv.,." Ai, .;~Jc" \\\it:;j~t~,_"" df!i~~~~'-'~-.~'~~ ~~i0f~~~ In case anyone or more provisions contained in this ." 'a~ity s~all, for any re~~~~:R~ held invalid, illegal, or ~enforceable in ~y respect,. such invali4it9;: ~~, or'~~nfo~~?ility SH~ affect any other provlSlon hereof and thIS IndemnIty shall be cons "'"$~"if ~H9h~yahd, illegal, s>r unenforceable provision had not been contained herein. "'<i)I'iDRL' o";;iH:\i1;1:? ]4. Entire Agreement. ';';;~Wt};:~:'~,..,4' This Indemnity contains the entire understan , arties ~~~~;ersedes any prior written or oral agree~ent between them" respecting th . tf.f\0~~~s Indemnity. Ther~ are no representations, agreemen~,,:~g~ents, or un dmgs, o~J;or wntten, between the parties hereto ..!'~,.~,~.~.j;':"_:'t:.:.~..,-. I.~ relating to the subject ,eeror~~~fidemnity WI:iI~ are not fUlly expressed herein. /6, \~ztNi '1\ ~ 15. Constni :~~~~~~,i~~S1ffi?:tB~,~~~,~<)j? tions;~Q!;;~R~reviiiti&nsii!te'i1sed for convenience only and shall not be resorted , denililtY::, ". '<{i{~!i~:j'<';.~.,t' Y TRIAL. it!' '. HERE .~c; EMNITOR AGREES THAT NEITHER INDEMNITOR, NOR r-:~l;jl ANY ASSIGl{CCES~g.R, HEIR, OR LEGAL REPRESENTATIVE OF INDEMNITOR (ALL OF WHOM ARE . '",,:~,~R REFERRED TO AS THE "PARTIES") SHALL SEEK A JURY TRlALIN ANY LA WS1{JT, PROCEEDINGS, COUNTERCLAIM, OR ANY OTHER LmGA nON PROCEDURE BASEItUPON OR ARISING OUT OF TIllS INDEMNITY OR ANY INSlRUMENT EVIDENCING, SECURING, OR RELATING TO TInS lNDEMNITY, THE LOAN DOCUMENTS, AND OTHER OBLIGATIONS EVIDENCED HEREBY, ANY RELATED AGREEMENT OR INSlRUMENT, ANY OTHER COLLATERAL FOR THE INDEBTEDNESS EVIDENCED HEREBY OR THE DEALINGS OR THE RELATIONSHlP BETWEEN OR AMONG THE PARTIES, OR ANY OF THEM. NONE OF THE PARTIES WILL SEEK TO CONSOLIDATE ANY SUCH ACTION, IN WHICH A JURY TRIAL HAS BEEN WAIVED, WfTIIANY OTHER ACTION IN WHICH A JURY TRIAL HAS NOT BEEN WAIVED. THE PROVISIONS OF TIllS P ARAGRAPHHA VB BEEN FULL YNEGOTIATED BY THE PARTIES WITH CRA, AND THESE PROVISIONS SHALL BE SUBJECT TO NO EXCEPTIONS. CRA HAS IN NO WAY AGREED Page 5 of6 WITH OR REPRESENTED TO ANY OF THE PARTIES THAT THE PROVISIONS OF THIS PARAGRAPH WILL NOT BE FULLY ENFORCED IN ALL INSTANCES IN WITNESS WHEREOF, the WC has executed and delivered this Agreement to the CRA to be effective the date first above written INDEMNITOR: Women's Circle, Inc.. a Florida not-far-profit corporation By:__ i'~ /():c\:" /~'.~ 0ff:~~~~;:~~nt " , '<:::';'*\1>. H:\2007\070473 BSCRA\Womens Circle Inc Loan\Hazardous Materials Ir~~fmity Agm~,.doc /:C::;:2:\~;:,;~, \~: ., ';":: :>:~~:;~ ~'\~, " , , ", c' ::,\ ~'(~::f'01;j'( (' :.,.--;'..j Page 6of6 GOREN, CHEROF, DOODY & EZROL, P.A. ATTORNEYS AT LAW SUITE 200 3099 EAST COMMERCIAL BOULEVARD FORT LAUDERDALE, FLORIDA SSS08 PHONE: (954) 771-4500 FAX: (954) 771-4923 www.cityatty.com SAMUEL S. GOREN JAMES A. CHEROF DONALD J. DOODY KERRY L. EZROL MICHAEL O. CIRULLO, JR. JULIE F. KLAHR LENDER: Boynton Beach Co BORROWER: The Women's Circle, In . , PROPERTY ADDRESS: 912-9i~1~;W:4th Street, Bo ~",(_;,;...l,,;~.._ CLOSING DA TE: \!ij:<;~':2QQ9 \~~ ""i!;t1JtfiI0,~i~;"" In order to induce the Lender to clq~f th~)'BQt~J! consideration thereof, the ed Borrow'et arid Guaran \~r ~' in co ,,:.~~eration of \~~e Lender .disbursing loan proceeds on the ee, It!~~quested b;: '~,~der or Its legal ~o~sel on behalf of the ", or clencf,ll" errors and/or omISSIons, any and all loan ~le, in the reasonable discretion of Lender. DELRAY BEACH OFFICE: 76 N.E. FIFTH AVENUE DELRAY BEACH, FL 8348S PHONE: (561) 276.9400 FAX: (561) 819-6559 /;1#({:f!?':0\\:" DAVID N. TOLCES JAMILA V. ALEXANDER JACOB G. HOROWITZ SHANA H. BRIDGEMAN ANNABELLA BARBOZA STEVEN l. JOSIAS, OF COUNSEL ~..l' 6dification transaction and in te: BORROWER: The Women's Circle;, "!~I' corporation )J? By: , President H:\2007\070473 BBCRA\Womens Circle Inc Loan\Errors & Omissions Sta1ement.doc . J'lIl1ttf I. $&trftllf ttbairmnrr llt.&. )loulIe of I.tprellentaftutll ~ommittu on ~rltnsportatlon anb .Infrastructure filltll.ubingtoll, m€. 20515 Jobn 1L JbliCft "anllhl" l\tpll&liclIIlJbltlllbtr Dodd H4l,JlllSlcld, CIlIe( of Sta/( Want W. .1cCar.....r. CllIel C...n..1 August 6, 2009 "allt" tv. Coon D. Ropublkm CIllo! of6la1l The Honorable Charlie Crist Governor Office of the Governor The Capitol 400 South Montoe Street Tallahassee, FL 32399-0001 Dear Governor Crist: The Committee on Transportation and Ioftasttucture is committed to ensuring that funds provided pursuant to the Atnerican Recove!)' and 'Reinvestment Act of 2009 (P L, 111-5) (Recovery Act) are invested quickly, efficiently, and in hannony with the job-cteating putposes of the Act. Throughout devdopment of the Recovery Act, I emphasized the importance of transparency and accountability and ensured that the transportation and infrasttuctute provisions are subject to the most rigorous transparency and accountability requttelnents of the Act t Just 13 days after the Recovery Act was signed into law, the Federal Highway Administration (FHWA) provided Fedetal-aidh1ghway fonnula funding allocations to each of the States. With this allocation, States were authorized to proceed to bidding &nd construction of approved projects. On that same day, March 2, 2009, the State of Mai:yland received approval for a highway project, awarded the contract, and issued the notice to proceed. Work began on the resurfacing project later that week. Ovet the past five m.onths, almost all States have moved fotwatd aggressively to use the highway funds provided U11det the Recovery Act to create and sustain family-wage jobs, contribute to Out nation's long-tettn economic growth, and help the United States recover from the worst recession since the Gteat Depression. Reg.rettllb/(y, FJotid, is Dot IltnoD6 these Stlltes. Bllsed Oil the Stllte progress reports submitted to the Committee ill July 2D{)~ FJotidll 1s IiIllihg far behiDd other States in putting to work its Recove.ty Act highWllY fonnulslunds. According to submiBaions received from 1 Sri P.L. 111-5, S 1201. In addition to the'stltutoxy reporting requittmeats of the Recovety Act. the: Committee has requested and received tnnspuency and accountllbility information on implementlltion of the transportation and infrastmcture provisions of the Recovery Act from Pederal agencies, States. metropolitan Plannina organizations, and public transit asencie.. Those :recipients have reported regularly to the Committee. The Committee has also held fow: oversight hearings on implementation of the Recovery Act. The Honorable Chulie Crist August 6, 2009 Page 2 aU States tllld the DiGtrict of Columbitl, your Sf1Ite nDks Jut UlOJ1l1l1l Sf1Ites (51 out of 51j bllsed on IlllllDalysiG of the p~rceJ1111ge of Recovery Act highway formula fUnds put out to bid., Wldu COlltnc~ IUJd underway.~ .As ofJWle JO, Plorida had bqJ11l1 construction of projects totali11g onbr two percent of the State's mndJDg. I BtroDg/y urge you to refocuG your eHorts to impJeme1Jt the Recovery Act IUld use the available fuJJdG to cretlte IlI1d sustain fsmify-w.ge johs. These jobs are critictll to FJoridtl's IWd the I1IltiOll'S JODg-tenn economic growth. Thank you for your consideration. ~~ ]ames L. Oberstar, M.C.. Chai.tman 21hese rankings include the SO States and the District of Columbia. The rmkings do not include the Territories. 3.According to the State', ,ubmiss1on, a, of JW1C 30, 2009, 12.7 percent of Flotida's Rccovety Act highway fonnula fund, ace out to bid, 11.9 percent of funds su:e under cantuct, and 2.2 percent of funds ate underway. Nationally, 48.8 percent ofRu:ovcry Act highWllY formula funds arc out to bid, 32.1 percent of funds are under centIact, and 22.9 percent of fund, ace underway. UPDATE ON POSSIBLE PROPERTY PURCHASE For 8111109 C.R-A. Board Meeting LOCATION: 912114 S.E. 4th St., Boynton Beach, Fl. 33435 MISSION: Women's Circle, Inc. EMPOWERS low income women through job coaching to become employed and helps them gain marketable skills necessary for a job especially in this economic climate. VALVES: respect for human dignity justice for all - appreciation of different cultures - awareness of the import of women in family and in community - active development of a woman's potential for employment and leadership. - belief in democracy and full participation. - appreciation for individual's spirituality WHAT WE DO AND HOW BUILDING WOULD BE USED: We interview clients and assist them in securing jobs including holding necessary small classes for skill development The building woUld be used for our offices. Please see our present brochme for further details. In the audience are persons who have already been favorable impacted by our services. OUR REQUEST: Please sign the agreement approved earlier for $100,000 loan to enable us to purchase this property and thereby move from the crowded 145 N.E. 4th Ave. location. Our preference would be that on the first page of the agreement to add, "If a larger facility would be needed after ten years, and such building is located in the C.R.A. domain, then this building could be sold without the requirement to pay back the $100,000. to C.R.A. in view of the years of service to the community and continued $ervice to be sustained." .--;.--=-:.-----:--- AREA: 4340 I lR;( i: R29SS714 I I , : , I Area: , Zip Code: , I I i ! Property Type: , I Status: I I Bedrooms: I Year Built: I I 4340 33435 Duplex I Triplex I Quad Price Change 4 1955 .- Presented by: Susan Doyle Keller Williams Boynton Beach DOYlEOPENSDOORS@KW.CC Office: 561-735-3000 ..~___._. __ _.i '" $169;oo~-] .- -I -,., -:13 : , 912-14 Se 4th St '-'1 -- - ~ l"'r. - . -~-- l.W ' 4 rTti ti '"' IF' ...~t A '*", \ , " ~ f'f'i * - f' " ( 'uL~;' j. !- i I , I I I I ,,,~j. ~~n~.;:~ .' .:(..:/;J . ~*,,<>, 'I'>, - ~- .-, ',t" '.~._,",'~",.~7" ~'I ~~::r> ',..,>', ~ (... J ,~~-!,. Il~'~...'.I''1 .' '.$ ",;:;",A,lt~:~.t.l,' ,'. ~.~,',''''.'',' ,,~~~~r~ '"'~ifdfU"fi,I,',." . '((./f"'.' .' ", . , " . ~;-" ,';'i ' - WOMEN'S C~CLE.lNC. J45 N.E.4 AVE. BOYNTON BEACH. FL. 33435 (561) 364-'501. EXT. 26 ., AX: (561\ 365-7288 ~ EmaD- womcir@aol.eom October 19, 2006 MISSION STATEMENT THE MISSION OF THE WOMEN'S CIRCLE IS TO EMPOWER WOMEN MADE POOR TO BECOME ALL THEY CAN BE, . BY ASSISTING THEM TO GAIN ENHANCED EMPLOYMENT, BECOMING SELF-SUFFICIENT, AND LEADERS IN A CULTURALLY DIVERSE COMMUNITY. . . WOMEN'S CIRCLE, INC. 145 N.E. 4TH AVE. BOYNTON BEACH, FL. 33435 (561) 364-9501, EXT. 26 FAX (561) 364-7288 E-MAIL: womcirl4laol.com January 18, 2007 V.ALUES RESPECT FOR HUMAN DIGNITY OF PERSONS. JUSTICE FOR ALL APPRECIATION FOR DIFFERENT CULTV'REs AWARENESS OF SPECIAL IMPORTANCE OF WOMEN IN THE FAMILY AND IN TIm COMMUNITY ACTIVE DEVELOPMENT OF EACH WOMAN'S POTENTIAL FOR EMPLOYMENT AND FOR LEADERSHIP IN TIlE COMMUNITY. BELIEF IN DEMOCRACY AND PARTIClP ATION OF PERSONS IN ALL AREAS THAT IMPACT TImIR LIVES', BASIC APPRECIATION FOR THE SPlRlTUALITY OF EACH PERSON WIDCH NOURISHES THEIR ASPIRATIONS. . I I ~ I I ; I , II . I , . ~ i III :1111 I' Ii III. I I' E&- m __a~41lI_ I I I I __aI411f11llUT . I I .' II JI II I 'I I. III II . 10 -. II III 11'1 II II I __-1.. "filIi nijI '111'1 lill. ;~ L..J 112 _ +1If IIllm IOYMTON lEACH, FlOWlO-. ])43' 5<<16 VVC>IVIE!!NS CIRCLE!! 0......10. .-.NO "",.aTINCII caNTa.. I i ~ f. III ' mSgfal i i I III,Uib ! I 1;;111 ! I a'II'.1 : i~iii'f1ii;lIr, i i~lli I ,.'HI ! "'I'li '1'.11 lilt, IIII lill'i r-- 1- I II ~ . ~ :II II 'I II Ef7- II m u....._ I I ; I I l II III'. II III 11111 II I I I VVOMEiNS CIRCLE CU""'O. AND OLA....OOM CaNT." 1111 Iii IlI1Jil III ti~U~ 112 __ 411I_ IO'YN1ON HACH. FlOlltIlA :P4:J5 _ I lIlitHl , I~III~~I': f : J" tib I Lt.'" III I "ll I 1 il" an 19" The Women's Circle Support Groups meet at 6:00 p.rn. on the fourth Weclnesdc:lJ 01 e'Ye1'\j month at Treasure Chest Earll} Learning Center 101 N.t'.. ~th A_ Bognton B-ch.I'L .3>4.35 Directions Take Boo"nlon Be.d. ~ 10 SeacNlI ~ Go north on s....~ &.:I. !'or the W."..,', CIte>>. lu", r~1 on N.E. "tl. Av-w. for T_...", CI.ett.I"", rlghl 01\ N.e.'IL A_ The Women's Circle 14' N.E. 4th Avenue BOIJnton Beach. FL :;34:;~ OHice Hours Monda\} ~ FridalJ 10:00 a.m. to 4:00 p.m. Saturclaqs 9:00 a.m. to 1:00 p.m. Ollr Mission... To empOW9l' women macIe poor to become all they can be. bq as.l.tlng them to dOln enhanced emplo.,ment. bec:amlng eeU-sullictent. anclleoden In 0 Cl,lturally dlvene conunnnlbJ. For an appointment or more Inlonnation. pleaare C411 '61.364.9~1 Fox: ~1.364.7288 Silter lorraine Ryan Coordlnolor. ext. 26 Ollr BI1a,ri of Dir<<tors... Si.ter Joan Camelllo l'retiJe1It ElIlObeth Jenkins Vice-Prtsiullt Sl.ter &rbora Gre.. Stcrdifry Marie Christine Leavitt Tl'ttISItrtr Sliter Yvonne Arcand Eileen Hc...Ie Al1gusl\}n Bella;J Cmz &18le Heath NollClJ Hollerbach Yvette Rene Sliter Lorrolne RlJIln William Santanello Richard Siegel Gertrude Sullivan Sand\} Weale",. Gum Sister Joan Corusillo CO-coonll....tor. exl. 2) _belie.. . hlt",/ /www.WOIIIeIlICirdehome.org ~e.ns CiJ'C'~ .......0 (q ~ 'Y"'!' ill ~ .....cl . I- 1'uudl0t61or thlt c-., I""l!..... whICh AI.......d ....... ~)" tb. pi...... 01 ~pIo.It~l.,...oto .nd ""'......pI pe""...1 doooI_, A 501(<)(3) lHII-t-f'Oftt"",wiutiH ~ 5 ~~ ~ t f:f\'" ::r> \ :(tf ~ ~ /'~:JF .f") Free Services lor Low.Income Adult Womell . Job Preparation' . Support Groups' . Classes . 11) N.r.:. 4lh A"l'IH$' BOlJI1tcm l~e<l"h. FL .YH3S .\'OiIlIII.'" .'.,. The Women's Circle offtlY cMf.ft'S Ii,. . . Introduction to Computers Computer TlJplJlg ~~ . Engli.h (ESOLl ! Computer-be.ed English Creole Literacy CJ Sewing Crochet TJ",,,, el....e. ,ne ptovkIed 10 rwe",,'" women In the l>unult 01 ed\lC4t1on, etnploqment, and ~I &>ala. for more Inlonnatlol1 or 10 ...gIsler, p.....se call our.Job ~t A.sislant at (~Il ~1-9~1, ""!. 23. on Monda$, Wed......d4\j or frida\) belween 10 a.m. and 2 p.m. ~~TI~.:n"'1 'OJ \ JOO oreDllrotlon proAroms Include one-on-one counseling to oddres. penonol borrlen to success: dothlng, JOO etiquette, tronsportotlon. job plocement ond chlldc<lre. We help women who <Ire... . Unde_ned . Unemploqed . Dlsad""nto&>d . Choosing new C4reer option. . Coml~ 011 welfare We help with... . .Job coun.eling .klll. . Interview technique. . .0..... lor Succeu. , Buddlnll ""I-esteem . Support glO\\'," Our Wishlist Demands lor services and closses continue to Increase, and the Women's Circle clesperateh" needs... A la.rger !a.cilitg with greater space lor classrooms, job search, coaching, and oHices! . Clothing appropriate {or our "Dress lor Success" closet . ComputeR with latest soltware . funds lor hooks lor classes . OUlce supplies . Garden supplies and seeds . . .or, simplg your time. Come and help others to help themselves.. . become a volunteer, d sewing teacher, or grant writer. Funding lor this communftlJ progrlunls provided b\) grllnts and personlll donallons, which are tllX exempt. We llre not supported b\) an\) church or religious organlultton. The Women's Circle,lnc., relies solellJ on people such as 1JOluwlves. The Women'. Circle. Iuc, wo. ...Iabli,hed in 2000 In roopan... 10 . commnnllt) ......ment that I\'~ the g....t...1 need, ol WOU1et1 and lamlll.. "..klloll'n Ihe h....rt 01 Bo\jntOl1 Be""h. Su.....j. OYerwhelmlngl.) indicated a need lor Inlerpersonal .nd .klll development adlvltlet that abu ,peclhC4l\~ at Inc"",.lng en,plo'l.blllt\). SInce il. Inception, the WOInen'. Circle has ,levelop..d a COl1l"""",,m1ve, fo.,..p.rl progren, to add.... prlmar\) cancer... a""'nll ethnic. II.) and culturall~ divene, i<--II><.'OI1'" women 01 p.lm Beacl. Count\). The progrom ulUmalel\) emJ'OW"'l them to be. alllhe,) can be," while promotlnll an acceptance end appreclallon of o"ltur.1 dlversit\). -. , ...... ~ ~ ::: n OJ ::; -. ........ I) - - v \~i ~ Boynton Beach: For Federal Highway, plans frozen in time by economy The Coastal Star By Thomas R. Collins August I, 2009 As you enter Boynton Beach from the north, the alluring Peninsula development greets you - a shiny new collection of town homes and condos. It's just about to open its doors to happy new residents. Peninsula Waterbrook Peninsula LLC 30 townhomes, 40 condos Project status: Abandoned, In foreclosure Or it was, anyway. Getting its timing all wrong, the project got whacked by the market and is in foreclosure. It's 90 percent built, but its prospects are uncertain. It's "stale and dead," city Planning Director Mike Rumpf said. "We hope it gets purchased and resurrected by someone," he said, n mnp ofthe city's zoning plan on a wall next to him. With hardly any other choice, he looks on the bright side. "That's Ihe only one of its khld that got caught, trapped, so far along," he said. "In most cases, they didn't get off the ground to begin wilh." But there are plenty that never got off the ground. Vacant lots sit up and down road - perhaps the very spine of the city. The economy, as it has throughout the city and elsewhere, has frozen the landscape in time. Land that was cleared, with high hopes of dazzling new condos and shops, just sits there. Hard-hit highway key to dty"s future The Federal Highway corridor in Boynton Beach might be one of Ihe hardest-hit spots In the county, though. It is central to Ihe city's redevelopment efforts. In 2001, the city approved a development plan for the road. It's a "wedding-cake shape" plan - as Rumpfputs it - with the tallest and most intense development near Boynton Beach Boulevard and Ocean Avenue, and lower tiers of development extending north, south and west from there. Pieces of that plan have come to pass. Marina Village Related Cervera Realty Services 349 condos/rentals 25,000 sq.ft. commercial space Project status: Completed, residential occupied. Marina Village, a condo project at Boynton Beach Boulevard and Federal, was finished before the market bust and sold out within a year, said Lorraine Freed, Palm Beach County manager for owner Related Cervera Realty Services. "It's still doing great," Freed said. Boynton Beach Community Redevelopment Agency Director Lisa Bright said Marina Village's residential units are fully occupied. Promenade Panther Real Estate Partners 22,200 sq. ft. retaiVrestaurant 318 condos Hotel units (unspecified) Project status: Unknown Next-door, where Boynton Beach Boulevard meets Federal Highway, the towers of the Promenade development are nearing completion. The status of the "top of the wedding cake" project is unknown. According to Bright, developers had commitments for 40 percent of the space when construction started two years ago, but she doesn't know where it stands now. "Their biggest thing is: Will their people sign on the dotted line for the contracts:' Bright said. She described the project as "for our downtown, absolutely critical." Lns Ventaons Epoch Properties 43,361 sq. ft. of office/retail 20 townhomes & 404 rental apartments Project status: 70 percent complete, now leasing At Las Ventanas, which is 70 percent built, leasing started in May. The occupancy rate is up to 15 percent, said Buck Anderson, who oversees Las Ventanas for Epoch Management. That's on target with what they'd hoped, although they had to bring their price points down 10 percent to 15 percent, putting rental rates at $1,050 to $1,700 per month. "We don't have any buzzards flying over our heads. So we're OK for now," Anderson said. Still, a drive along the road can be a dismal affair. Gulfstnam Mall Thirty-six Hundred Holdings 166 residential units 19,000 sq. ft. commercial space Project status: Residential plans abandoned. Now zoned commercial. At the south end of town, at Gulfstreanl Boulevard, Gulfstream Mall sits ringed by opaque fencing, with cracks in the asphalt parking lot, empty windows and crumbling facades. A plan for 166 residences and 1,900 square feet of commercial space is a lost dream. Owner Thirty-Six-Hundred Holdings asked for a return to a zoning of only commercial space, considering how hopeless new residential development seems these days. In January, city commissioners granted that right to the developer. 500 Ocean/Arches Southcoast Partners 40, 596 sq. ft. of retail 378 condo units Project status: Plans abandoned A little north of that, at the southwest comer of Ocean Avenue and Federal, another gigantic piece ofland sits surrounded by construction fencing. The mixed-use project that was planned for the old downtown area is no longer planned. Looking toward a change In the market Federal Highway in Boynton Beach is still considered positioned for success once the market turns around. Bright said there's already been ajump in requests for more money from the CRA, but the agency's ability to chip in has been hampered. The budget, which gets its money from new development, has been cut 10 percent and 23 percent the last two years. Other than that, the CRA has been trying to find tenants. "Like any good sales person, we run down every lead and try to do everything we can," Bright said. Anderson, of Las Ventanas, offered: "I think this is going to be a big growth area." But for now, director Rumpf has to settle for small victories. There's the application that came in recently for a marina project at the north end of town - but when that would get built is anyone's guess. There is the apparent success ofthe Gulfstream Gardens townhouse project north of Gulf stream Boulevard, which is "getting over the edge," he said. "Even now, given the economy, we have people coming in asking questions, trying to package things, trying to explore opportunities," he said. "People have land - and they don't want to sit on it." ~ ) ~~" :-=..;::-...... \ ~ I~ .. ..................- . . ~ ~~ r~.1 W _. .~~ ' "~I' ~~'":~": ..' .l 'f.' .;;,: Iii (~tJ,: :o..":"..~~~ ..~ ~ tJ If: ~. ~-~...-, .! ~ ,:"" .. i ;I~" ,...._._......-. " f' .. .W: 1 ~: ..)1. .......... "', ~-- ..__......~j._- ---,-~........--,- ....... ........ ....