Agenda 11-10-09
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CRA Board Meeting
Tuesday, November 10, 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
r
V.
Announcements & Awards:
A. Holiday Extravaganza
B. Holiday Boat Parade
VI. Consent Agenda:
A. Approval of Minutes - CRA Board Meeting October 13,2009
B. Approval of Period Ended October 31, 2009 Financial Report
C. Monthly Procurement Purchase Orders
D. Consideration of Funding $225 to Habitat for Humanity for Trolley Tour of Heart
of Boynton Neighborhood
VII.
Pulled Consent Agenda Items:
VIII.
Information Only:
('
A. CRA Policing Activity Report for the Month of October 2009 and
District Statistics for the Months of September and October 2009
SCANNED
City Clerk', OfftGe
B. Public Comment Log Monthly Update
C. CRA Media
IX. Public Comments: (Note: comments are limited to 3 minutes in duration)
X. Old Business:
A. Consideration of Termination of Lease with Boynton Waterways
B. Adoption of Resolution Deeding Certain Portions of222 N. Federal to the
City for Public Right -of- Way
XI. New Business:
A. Consideration of Issuing an RFP for Eight Single-Family Lots in HOB
B. Consideration of Reinstating Community Meeting Grant Program
C. Consideration of Economic Development Programs
1. Rent Subsidy
2. Signage Improvement
3. Tenant Improvement
D. Launching of CRA Downtown Google Map
E. Consideration of Purchasing Hollis Property Located at III NW 6th Avenue
in the Amount of $90,000
F. Consideration of Entering into a Lease Agreement with Hollis
XII. Future Agenda Items
A. Consideration of GreenCentive Program
XIII.
Comments by Staff
XIV.
Comments by Executive Director
XV.
Comments by CRA Board Attorney
XVI.
Comments by CRA Board
XVII.
Adjournment
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. East Side"'West Side-Seaside Renaissance
CRA Board Meeting
Tuesday, November 10, 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:
A. Holiday Extravaganza
B. Holiday Boat Parade
VI. Consent Agenda:
A. Approval of Minutes - CRA Board Meeting October 13, 2009
B. Approval of Period Ended October 31,2009 Financial Report
C. Monthly Procurement Purchase Orders
D. Consideration of Funding $225 to Habitat for Humanity for Trolley Tour of Heart
of Boynton Neighborhood
VII. Pulled Consent Agenda Items:
VIII. Information Only:
A. CRA Policing Activity Report for the Month of October 2009 and
District Statistics for the Months of September and October 2009
B. Public Comment Log Monthly Update
C. CRA Media
IX. Public Comments: (Note: comments are limited to 3 minutes in duration)
X. Old Business:
A. Consideration of Termination of Lease with Boynton Waterways
B. Adoption of Resolution Deeding Certain portions of 222 N. Federal to the
City for Public Right-ot~ Way
Xl. New Business:
A. Consideration of Issuing an RFP for Eight Single-Family Lots in HOB
B. Consideration of Reinstating Community Meeting Grant Program
C. Consideration of Economic Development Programs
1. Rent Subsidy
2. Signage Improvement
3. Tenant Improvement
D. Launching of CRA Downtown Google Map
E. Consideration of Purchasing Hollis Property Located at 111 NW flU' Avenue
in the Amount of$90,000
F. Consideration of Entering into a Lease Agreement with Hollis
XII. Future Agenda Items
A. Consideration of GreenCentive Program
XIII.
Comments by Staff
XIV.
Comments by Executive Director
XV.
Comments by CRA Board Attorney
XVI.
Comments by CRA Board
XVII.
Adjournment
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT TO ANY
MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS
AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEALlS TO BE BASED. (F.s.286.0105)
THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO
AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND
ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE
CONTACT THE CRA AT (561) 737-3256 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE MEETING
PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST.
v. ANNOUNCEMENTS & AWARDS:
A. Holiday Extravaganza
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. East Side-West Side-Seaside Renaissance
BOYNTON BEACH eRA
AGENDA ITEM STAFF REPORT
CRA BOARD MEETING OF: November 10,2009
AGENDA ITEM: "Holiday Extravaganza" Parade, Tree Lighting and Concert.
I Consent Agenda I
Old Business
New Business
Public Hearing
Other
SUBJECT: Holiday Extravaganza- Saturday, December 5, 2009.
SUMMARY:
· Boynton Beach presents "Holiday Extravaganza".
· Saturday, December 5, 2009
· Parade runs from 5:00pm to 6:30pm, North in the Southbound lane of Federal Hwy., from SE
12th Avenue to Ocean Avenue.
· Tree, Menorah and Kwanza Lightings will take place at 6:45pm at the Schoolhouse Children's
Museum at 129 East Ocean Avenue (just east of Seacrest).
· FREE Concert featuring GLORIA GAYNOR starts at 7:00pm untillO:OOpm on East Ocean
A venue between Seacrest and NE 1 st. Street.
· Food and beverages available for purchase.
· No pets please.
· Free trolley service from the Bank of America on the NE corner of Federal Hwy. & Ocean Ave.
to the concert site will be available from 6:30pm until !0:30pm.
FISCAL IMP ACT: Budgeted in Project Fund line item 02-58500-480
RECOMMENDATIONS:
'~
Parte: and Ride FREE trolley: Pick up at
Bank of America, corner of E Ocean Ave.
and Federal Hwy., from 6:00 - 11:00 p.m.
Food & beverages available, no pets.
.81-742-8248
www.boyntonbeachcra.com
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v. ANNOUNCEMENTS & AWARDS:
B. Holiday Boat Parade
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. East Side-West Side-Seaside Renaissance
BOYNTON BEAeH eRA
AGENDA ITEM STAFF REPORT
CRA BOARD MEETING OF: November 10, 2009
AGENDA ITEM: Holiday Boat Parade2009
I Consent Agenda I
Old Business
New Business
Public Hearing
Other
SUBJECT: Holiday Boat Parade - Friday, December 11,2009.
SUMMARY:
· Friday, December 11,2009 Boynton Beach presents the "Holiday Boat Parade".
· Parade starts at 6:30 pm and runs South from the Boynton Inlet to the C-15 canal South of
Delray Beach.
· Public viewing area at the Boynton Harbor Marina
· Food and drinks available for purchase.
· No pets please.
· Parking is available at the Bank of America and Financial Plaza parking lots.
· To enter your boat in the parade call Rob Larson at 735-7955.
FISCAL IMPACT: Budgeted in Project Fund line item 02-58500-480.
RECOMMENDATIONS:
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JOIN THE FUN AND FESTIVITIES
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As Boynton & Delray Beach present the...
Annual Holiday Boat Parade
Friday, December 11
6:30 p.m.
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Parade begins at the Boynton Beach Inlet and proceeds
south to the C-15 canal, south of Delray Beach
Viewing area located throughout the parade route, and at the
Boynton Harbor Marina near Two Georges Waterfront Grille
Parking available at First Financial Plaza
Please bring new, unwrapped toys for ~ donation
Food & drink vendors available, no pets
To enter your boat call Rob Larson: 735-7955
Event Information: 742-6246 or visit www.boyntonbeachcra.com
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Special Eyenis Schedule
. Nov. 1- Dec. 11: Receive a free rail drink or draft beer with each new,
unwrapped toy donation at the Two George's Waterfront Grille!
( . Dec. 11: Join us for the Holiday Boat Parade at the Boynton Harbor
Marina and bring new, unwrapped toys for Toys for Tots.
OTHER FUN WAYS TO GEl" INVOLVED:
Organize toy collections at work, holiday parties and gift exchanges. Allow
your children to select donation gifts to help a child in need and expereince
the true menaing of the holidays. All donations made prior to December 11,
must be dropped off at one of the locations listed below:
Community Redevelopment Agency - 91.5 S. Federal Highway
Schoolhouse Children's Museum -129 E. Ocean Avenue
Boynton Beach Library - 208 S. Seacrest Blvd
Boynton Beach Chamber of Commerce -1880 N. Congress Avenue #106
Two George's Waterfront Grille - Boynton Harbor Marina - 728 Casa Lorna Blvd
For more Information: 561-742-8248 or visit www.boyntonbeachcra.com
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t.ver,y Child Deserves a Toy for the Hoiida9s
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..'...... P..~1itI1'" ...... up at
Bank of AmeFlea, eerner of IE Beeall Ave.
and Federal Hwy., from 6:00 - 1.1~OO p.m.
Food & beverages available, no pets.
581-742-8248
www.boyntonbeachcra.co..
The PalIn Beach Post
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eRA BOARD MEETING OF: NovemberlO,2009
I Consent Agenda I
Old Business
New Business I I
Public Hearing I X I
Other
SUBJECT: CRA Media
SUMMARY: Attached 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. Also included are the monthly Google Analytics statistics for the
number of individuals viewing the monthly Board Meeting PodCasts:
Releases:
.Boynton Beach CRA Wins Top State Award
Agency's Redevelopment Project Voted "Best of the Best"
Goorlle AnalvIles Reoort- Monthlv PodCast Viewers:
.Oct. 4 - Nov. 3, 2009 50 hits
FISCAL IMPACT: None
CRA PLAN, PROGRAM OR PROJECT: Downtown Master Plan
RECOMMENDATIONS: None
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Margee Walsh < /
Marketing and Commimications Director
T:\AGENDAS. CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2009 _ 2010 Board
Meetingsl 11-10-09 MeetinglCRA Media October.doc
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Media Contact:
Margee Walsh
Boynton Beach CRA
(561) 737-3256, ext. 204
walshm@bbfl.us
.-----~--_._----~-~--"
SPECIAL FOR BOYNTON FORUM
October 2009
--~ .--.-- .~--~~--_.
Boynton Beach eRA Wins Top State Award
Agency's Redevelopment Project Voted "Best of the Best"
by Mayor Jerry Taylor, Board Chairman
Boynton Beach CRA
The CRA received great news recently after being notified its "Urban InFiII Housing
Development Program," adopted by the Agency in 2006, had earned the state's top
honor as best Florida redevelopment project for its purchase, construction and reselling
of nine homes to low- or moderate-income families. The project's key goal is to create
affordable housing and improve neighborhoods within the Boynton Beach Community,
The Boynton Beach CRA will be presented with the state's highest award for successful
redevelopment, the President's Award, at the 2009 Florida Redevelopment Association
(FRA) Annual Conference Oct. 28-30 in Orlando. The President's Award recognizes
and highlights Florida's "best of the best" redevelopment projects as chosen by the
outgoing FRA president each year.
"There were a lot of great candidates for this year's President's Award, but Boynton
Beach distinguished itself with its exemplary dedication to creating affordable housing for
residents in its community," said Gary Rogers, 2008-2009 FRA president. "Boynton
Beach's Urban InFill project shows true commitment to redevelopment and its CRA
deserves our highest recognition for its outstanding efforts." Founded in 1974, the FRA
is a not-for-profit organization dedicated to assisting Florida professionals and volunteers
in revitalizing their communities,
In an attempt to improve neighborhoods, the CRA began by purchasing six vacant lots
from home owners and partnering with local non-profits to redevelop each lot. To make
the homes affordable to buyers, the CRA sold the lots to different non-profits for $10
each, but required design standards, afford ability levels and a development timeline,
The newly-built homes all include three bedrooms, two baths, impact-glass windows,
standing-seam metal roofs, granite countertops, stainless-steel appliances, washer-and-
dryer units, an irrigation system, landscaping and a one-car garage. To date, nine
homes have been constructed and sold back to low- to moderate-income families. The
project not only has added new homes to the community, but it raised the value of
surrounding homes, reduced illegal dumping and increased security, "Best of all, by
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(Cont'd - pg, 2)
reaching out to local non-profits and developers, Boynton's Urban Infill Housing
Development Program can be mirrored by other community redevelopment agencies
throughout the state," said Rogers.
"I am proud of our team's hard work in Boynton Beach and FRA's recognition of the
Urban Infill Housing Project," said Lisa Bright, Executive Director of the Boynton Beach
CRA. "To know we were selected over the other 178 other Community Redevelopment
Agency's in Florida is quite an honor!"
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 eastem edge of the City of Boynton Beach. For more CRA
information, caI/561-737-3256 or log on to www.bovntonbeachcra.com
2
VI. CONSENT AGENDA:
A. Approval of Minutes -
CRA Board Meeting October 13, 2009
MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING
HELD ON TUESDAY, OCTOBER 13, 2009, AT 6:30 P.M.
IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA
PRESENT:
Jerry Taylor, Chair
Woodrow Hay, Vice Chair
Jose Rodriguez
Marlene Ross
Ron Weiland
Lisa Bright, Executive Director
Jim Cherof, Board Attorney
I. Call to Order - Chair Jerry Taylor
The meeting was called to order at 6:31 p.m.
II. Pledge of Allegiance 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.
IV. Agenda Approval:
A. Additions, Deletions, Corrections to the Agenda
None
B. Adoption of Agenda
Motion
Vice Chair Hay moved to approve the agenda. Ms. Ross seconded the motion that
passed unanimously.
V. Announcements &. Awards
None
VI. Consent Agenda
A. Approval of Minutes - CRA Board meeting of September 8, 2009
This Item was pulled by Ms. Bright for discussion.
1
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida
October 13, 2009
B. Approval of Minutes - CRA Budget Meeting of September 24, 2009
This item was pulled by Ms. Bright for discussion.
C. Approval of Period ended September 30, 2009 Financial Report
D. Monthly Procurement Purchase Orders
E. Approval of Commercial Fac;ade Grant - Buckley Plumbing Co., Ine.
F. Approval of Funding up to $20,000 from the Residential Improvement
Program Grant to William and Louise Albury
G. Approval of Funding up to $20,000 from the Residential Improvement
Program Grant to Randall Blair
H. Approval of Funding up to $20,000 from the Residential Improvement
Program Grant to Cherry Creek
1. Approval of Funding up to $20,000 from the Residential Improvement
Program Grant to David Drayton
J. Approval of Funding up to $20,000 from the Residential Improvement
Program Grant to Willie Mae Mullin
K. Approval of Funding up to $20,000 from the Residential Improvement
Program Grant to Marie Murph
L. Approval to Support the Boynton Woman's Club 100th Anniversary
Celebration
This item was pulled by Mr. Rodriguez for discussion.
Motion
Ms. Ross moved to approve the consent agenda, with the exception of the items pulled.
Vice Chair Hay seconded the motion that passed unanimously.
VII. Pulled Consent Agenda Items:
A. Approval of Minutes - CRA Board meeting of September 8, 2009
2
Meeting Minutes
Community Redevelopment Agency Board
~nton Beach, Florida
October 13,2009
Ms. Bright requested the page numbering be corrected.
Motion
Vice Chair Hay moved to approve the minutes with the correction noted. Ms. Ross
seconded the motion that passed unanimously.
B. Approval of Minutes - CRA Budget Meeting of September 24, 2009
Ms. Bright noted the meeting was called to order at 6:00 p.m., rather than 6:30 p.m.
She requested clarification to reflect the CRA's procurement policy required the Board's
approval for travel arrangements for other Board members. (Staff's travel arrangements
were approved by the Executive Director.)
Motion
Vice Chair Hay moved to approve the minutes as corrected. Ms. Ross seconded the
motion that passed unanimously.
L. Approval to Support the Boynton Woman's Club 100th Anniversary
Celebration
Mr. Rodriguez noted the attendees had not been specified. Ms. Bright advised the table
had been purchased on behalf of the Board. Chair Taylor would be serving as Honorary
Chairperson for the event, and he and Mrs. Taylor would be seated at another table.
As such, there would be sufficient seating for the Board members and their partners at
the table purchased. The event would be held at the Woman's Club. Ms. Bright
requested an RSVP from the Board members by October 14, 2009.
Motion
Mr. Rodriguez moved to approve. Vice Chair Hay seconded the motion that passed
unanimously.
VIII. Information Only:
A. CRA Policing Activity Report for the Month of September 2009 and District
Statistics for the Months of August and September 2009
B. Public Comment Log Monthly Update
C. CRA Media
3
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida
October 13, 2009
Ms. Ross congratulated CRA staff for its latest achievement. The CRA's Urban Infill
Housing Development Program earned the State's top honor as Florida's best
redevelopment project. The award is to be presented by the Florida Redevelopment
Association (FRA) to the CRA later this month.
D. Status Report - Line of Credit
E. Planning & Development Board - Baywalk
IX. Public Comments (Note: comments are limited to three minutes in
duration)
Chair Taylor opened the public comments.
Herb Suss, 1711 Wood Fern Drive, commended the CRA Executive Director and staff
for their professionalism in conducting the community meeting held October 12, 2009.
No one else having come forward, the public comments were closed.
X. Public Hearing:
Old Business:
New Business:
XI. Old Business:
A. Consideration of Lease Agreement with Giaston Sims d/b/a Alex Sims
Barber Shop for 909 N. Seacrest Blvd., Unit A
Mike Simon, Development Director, advised the consideration of the lease agreement
was based upon the terms discussed at the September meeting at which the Board
approved the monthly rent of $878.63. The rates established had been reviewed by the
CRA's Legal Department. Staff had received a letter faxed by Mr. Sims requesting the
Board reduce the amount of the monthly rent from $878.63 to $578.63. The letter was
included with the meeting materials.
Mr. Weiland felt the Board would be setting a precedent if it were to agree to the
requested reduction.
4
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida
October 13, 2009
Motion
Mr. Weiland moved to approve staff's recommendation to approve the lease agreement
with the original price of $825 plus tax. Vice Chair Hay seconded the motion.
Mr. Rodriguez requested verification that the potential tax burden relating to the
property had been Included In the budget.
Susan Harris, Finance Director, responded affirmatively, adding the potential tax
burden was approximately $3,800, and the combined rent collected from the barber
shop and beauty center would more than cover a potential tax burden.
Guarn Sims, 3021 S. Seacrest Boulevard, noted his father was requesting
consideration be given to reducing the monthly rent by $300, as economic conditions
had severely impacted his business. His father had projected a significant loss when
measuring monthly income versus expenses. Mr. Sims believed that the business was
further Impacted by barbers operating in the City without the appropriate licenses, and
felt the $300 reduction would help sustain the business. He noted his father had been
a licensed barber for 54 years and had operated the business at the current Boynton
Beach location for more than 30 years.
Chair Taylor inquired whether the rent charged the Sims Barber Shop was equivalent to
rents collected for other properties owned by the CRA. Mr. Simon explained a reduction
of $300 in the Sims Barber Shop's base rent of $825 would amount to $525 per month,
or 91 cents per square foot. Rental charges for the Dive Shop and other businesses at
Ocean Plaza ranged from $1.16 to $1.18 per square foot, depending upon the location.
If the rent charged to the Sims Barber Shop were to be reduced, Mr. Simon suggested
the Board consider a consistent per-square-foot charge to 'Ruby's Beauty Center.
Vice Chair Hay felt the Sims situation was unique. He did not believe the Board would
be setting a precedent In considering Mr. Sims' request and further believed each
situation should be assessed on Its own merits. With regard to the unlicensed barbers
in the City, Mr. Weiland felt it was the responsibility of Code Compliance and other
appropriate agencies to address these Issues.
Chair Taylor inquired whether Ruby's Beauty Center was charged the equivalent square
footage amount. Mr. Simon noted the rent currently collected from Ruby's amounted to
$1.30 per square foot. The rent collected from the Dive Shop ranged from $1.05 to
$1.10 per square foot. He suggested an amount of between 91 cents and the $1.30
per square foot be charged. If charged $1 per square foot, the rent would be
consistent with the rent charged the Dive Shop. It was noted the Board had recently
5
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida
October 13, 2009
reduced the Dive Shop's rent to roughly $1 per square foot in an effort to alleviate the
Shop's economic difficulties and because the Dive Shop had been at its current location
for 25 years.
While Mr. Rodriguez understood the points offered by Mr. Sims, he had difficulty
understanding why the rent established by the CRA would now be burdensome, yet
over the years, Mr. Sims had been collecting the equivalent rate, $1.30 per square foot,
from his subtenant, Ruby's Beauty Center.
Mr. Sims explained the rent charged to the beauty center was consistent and had not
increased over the years. He did not feel an unfair burden had been placed on the
tenant as opportunities available to a cosmetology business were not necessarily
available to a barber shop. Additionally, Mr. Sims' father had established a relationship
with Ruby Mack and after her passing, the relationship was continued with the Mack
family.
Mr. Weiland agreed to revise his motion so that the rent charged to the Sims Barber
Shop would be equivalent to the Dive Shop's reduced rate.
Amended Motion
Mr. Weiland amended his motion so that the Sims Barber Shop would be charged $1.05
per square foot, plus applicable taxes.
Mr. Simon noted the base rent on 635 square feet at the reduced rate would amount to
$666.75, plus taxes of approximately $44.33.
Vice Chair Hay seconded the motion that passed unanimously.
B. Consideration of Lease Agreement with Solomon and Evangeline Mack
d/b/a Ruby's Beauty Center for 909 N. Seacrest Blvd., Unit B
Chair Taylor suggested the rent for Ruby's Beauty Center be reduced to $1.05 as well.
Motion
Mr. Weiland moved to reduce the rent to $1.05 per square foot. Vice Chair Hay
seconded the motion.
Mr. Simon noted the rent based on the square footage would drop from $600 to
$484.05 per month, plus sales tax.
6
Meeting Minutes
Community Redevelopment Agency Board
~nton Beach, Florida
October 13, 2009
Evangeline Mack-Sullivan, 909 N. Seacrest Boulevard, of Ruby's Beauty Center,
noted she had been struggling to sustain her business as well. She did not understand
why, with the new lease, she would be responsible for renovations. While the rent had
always been remitted, renovations had never been made.
Mr. Simon explained Ms. Mack-Sullivan would be responsible for any plumbing and
interior renovations, excluding the electricity and HVAC system. All exterior fixtures
would be the responsibility of the agency. Chair Taylor reiterated Ms. Mack-Sullivan's
rent had just been reduced by approximately $150 per month.
Mrs. Mack-Sullivan's husband noted his wife had been paying the Sims family
approximately $600 per month for the past four or five years. The broken window,
carpeting and air-conditioning unit should have been repaired prior to her signing the
new lease agreement. He believed the CRA owned the property and was responsible
for maintenance. Mr. Simon pointed out that, pursuant to the agreement, the Sims
family was responsible for the maintenance of the property. Ms. Mack-Sullivan's
husband advised his wife had previous discussions with Mr. Sims regarding the broken
window and the carpeting. It was noted by the Board and Attorney Cherof that any
disputes regarding maintenance issues should be resolved by the tenant and subtenant.
The motion passed unanimously.
C. Recommendation on RFP for Small Business Development Program
1. Recommendation of Professional Services Consultant - TED Center
Vivian Brooks, Assistant Director, noted the HOB (Heart of Boynton) strategies had
been developed in meetings with the Community Committee out of the funding
originally set aside for the Auburn redevelopment. One of the recommendations of the
Committee was to provide small business training within the community. Pursuant to
the Board's directive, an RFP (Request for Proposals) had been issued and seven
responses were received. The review team consisted of Ms. Brooks, Mike Simon and
Susan Harris. Ms. Brooks had worked with similar programs in West Palm Beach, Mike
Simon had dealt with the issue in Delray Beach, and Susan Harris had been awarded
an MBA from New York University. Each had Individually ranked the seven firms based
upon the criteria set forth in the RFP. Based upon the combined ranklngs, the three top
respondents were the Center for Technology, Enterprise and Development (TED
Center), International Enterprise Development, Inc. and the Mentorlng Center. As the
TED Center had received the highest number of points and its fee was In line with the
budget, staff recommended the TED Center be selected. Ms. Brooks advised Dr. Lynn
Allison, of International Enterprises Development, was present.
7
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida
October 13, 2009
Lynn Allison, 6260 N. Ocean Boulevard, Ocean Ridge, noted she currently served as
President of International Enterprises Development and had previously served on the
Ocean Ridge Town Commission. She requested the Board review the scoring based
upon several issues. Her company had provided small business training and technical
assistance and had established loan programs for the last 12 years. Upon reviewing the
scoring, she observed that under "past experience," her firm had received 16 points,
and it was her belief that no other firm in Florida had been more accomplished in the
field. Her firm had contracted with the City of Pompano Beach for the last four years.
If the Board members were to conduct a review, she requested they contact Pompano's
Mayor, Lamar Fisher, as to her firm's performance. Dr. Allison's firm had established a
loan program that provided $340,000 in loans this year, technical assistance and
workshops pertaining to small business development. She felt the program would work
well in Boynton Beach. Her firm also operated the State programs for three Governors
over the last 12 years. She noted her request for a review was not intended in any way
to demean staff's efforts or the TED Center. However, as a result of the close scoring
results, she felt it was incumbent upon her to request a review.
Ms. Brooks clarified the Board could select any of the seven respondents. As noted
from the scoring, there were only a few points separating the top three. RFPs were
reviewed Individually by the rankers and their scores were combined and averaged out.
There was a two-point difference between the TED Center and International Enterprises
in the final score as well as In "past experience."
With regard to Ms. Harris' position on the ranking committee, Mr. Rodriguez requested
clarification as to the manner in which a Chief Financial Officer's background would be
beneficial. Ms. Harris responded in her experience in private industry, she had served
on selection committees and evaluated hundreds of proposals in the areas of mergers,
acquisitions, development and grants. She had worked with the YMCA as well.
Jennifer Srin Kovach, 401 W. Atlantic Avenue, Delray Beach, noted she currently
served as Director of the Florida Women's Business Center, a program within the TED
Center, working in the area of small business entrepreneur development. The Florida
Women's Business Center offered counseling services and training to 2,000 small
business owners annually. Several workshops were offered weekly in Palm Beach and
Broward Counties as well as Fort Myers. Counseling and training services would be
implemented by Annette Gray, Business Development Manager. Ms. Kovach noted the
TED Center had been engaged in a contractual relationship with the Delray Beach CRA
providing business Incubation, technical assistance, loan applications and Small
Business Association resource services. The TED Center served 18 counties within the
State and Palm Beach County for more than 17 years.
8
Meeting Minutes
Community Redevelopment Agency Board
~nton Beach, Florida
October 13, 2009
Chair Taylor felt while at least three of the applicants appeared to be qualified to
provide the services requested, he did not wish to "second-guess" the review team
selected by the Board and would accept the team's recommendation. In reviewing the
ranking sheet, Vice Chair Hay commented International Enterprise Development had
received a lower ranking In other areas as well as In "past experience." While he
agreed with Chair Taylor that the sheet reflected three good candidates, Vice Chair Hay
expressed confidence In the team's evaluation and had no objection to the outcome.
Mr. Rodriguez questioned whether staff could have piggybacked on the Delray contract.
Ms. Brooks responded piggybacking would have been an option. However, staff felt an
individual contract would allow for a one-year trial period within which the interest of
the business community could be determined.
Lisa Bright, Executive Director, had been approached by members of the Heart of
Boynton (HOB) community who had anticipated applying If staff were to utilize the RFP
process. While the HOB community members may not have applied, staff believed the
open, district-wide RFP process was more equitable.
Ms. Ross inquired whether the "proposed fees" had been accurate. Ms. Brooks
responded affirmatively, adding most of the respondents whose figures were not
acceptable had never contacted staff regarding the budgeted range, which was
standard procedure In responding to an RFP.
Motion
Vice Chair Hay moved to approve the TED Center to provide profesSional services in
order to implement the Small Business Development Program. Mr. Weiland seconded
the motion that passed unanimously.
2. Consideration of Entering into Contract with TED Center
Chair Taylor noted a motion was necessary to enter Into the contract with TED Center.
Motion
Vice Chair Hay so moved. Mr. Weiland seconded the motion that passed unanimously.
D. Consideration of purchasing Brandom Property at 112 NW 10th Avenue in
the amount of $110,000
Ms. Brooks noted this Item had previously been discussed. While Mr. Brandom had
originally asked $170,000 for the property, an appraisal set the value of the structure at
9
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida
October 13, 2009
$90,000. Mr. Brandom offered to reduce the purchase price to $110,000, with the CRA
paying all closing costs. The Board had rejected Mr. Brandom's counter-offer and
cancelled the contract. It was requested this item be placed on the agenda for
reconsideration.
The boarded subject property was located west of Seacrest on MLK Boulevard and
adjacent to Sara Sims Park. If approved, the property would be purchased and deeded
over to the City for the expansion of Sara Sims Memorial Park. The City had not
approached the CRA with respect to the purchase, as there had been no funds in the
Development Department for acquisitions. The purchase would be made with a portion
of the Heart of Boynton (HOB) strategies money, and the property would be
demolished by the CRA.
Mr. Weiland had no objection to purchasing the property. However, the CRA had
recently purchased several properties, and It was his belief the CRA paid $400 or $500
over the appraisal amount on one of the properties. Mr. Weiland expressed concern in
setting a precedent by purchasing a property for more than its appraised value. Chair
Taylor believed each prospect should be considered individually and in this case, it
appeared the CRA had an opportunity to clean up the area. Vice Chair Hay agreed the
purchase would provide an opportunity to rid the area of crime.
Motion
Vice Chair Hay moved that the Board accept Mr. Brandom's counter-offer of $110,000
plus closing costs. Mr. Weiland seconded the motion that passed unanimously.
XII. New Business:
A. Consideration of waiver and funding up to $20,000 from Residential
Improvement Program Grant to Estella Jones
Ms. Brooks advised Ms. Jones had submitted a grant application to the CRA. Prior
thereto, she had approached the City with regard to Its rehabilitation program, but had
not received a response in more than a year. The information provided on her
application Indicated she met the gUidelines of the program with one exception. The
above-ground sewer located on her property had been leaking raw sewage, constituting
a hazardous condition. The replacement of the sewer line was Ms. Jones' responsibility
and as such, the Item was brought before the Board for a waiver. Attorney Cherof
added residents were responsible for the lateral line which ran from the structure to the
street connection. Rather than granting a waiver, Attorney Cherof suggested amending
the Residential Improvement Grant Program by adding an element to the eligible
improvement Items to cover exterior plumbing and sanitary sewer repair or
10
Meeting Minutes
Community Redevelopment Agency Board
!2Tnton Beach, Florida
October 13, 2009
replacement. He believed it was likely this type of repair would be required in other
situations as well.
Motion
Vice Chair Hay moved to approve modifying the eligible improvement items to include
exterior plumbing or sanitary sewer repair or replacement. Ms. Ross seconded the
motion.
Mr. Rodriguez suggested plumbing be excluded from the eligible Items, as plumbing
could include an exterior water hose, sink or spigot. Ms. Brooks suggested limiting the
element to potable water lateral sanitary sewer lines that run from the City onto the
property, with the exclusion of the Interior property.
Vice Chair Hay and Ms. Ross agreed to the verbiage set forth above. The motion
passed unanimously.
Attorney Cherof noted he would make the change to the program documents.
Chair Taylor noted a motion was necessary to approve the waiver and funding up to
$20,000 from the Residential Improvement Program Grant to Estella Jones.
Motion
Ms. Ross so moved. Vice Chair Hay seconded the motion that passed unanimously.
XIII. Future Agenda Items
A. Economic Development Programs
B. Review of CRA Local Business Google Map
C. Consideration of GreenCentive Program
XlV. Comments by Staff
Margee Walsh, Marketing Director, provided an advertisement In which the CRA and
Delray Beach partnered with Visit Florida and American Express for a fall campaign
highlighting culinary experiences and waterfront activities. The campaign would
provide an opportunity to Involve and promote local businesses, Including Ria's Hair
Salon, Two Georges Waterfront Grill, Splashdown Divers, Sea Mist and Hurricane Alley.
The event would be promoted nationally through the VIsit Florida Ret1ections Magazine,
11
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida
October 13, 2009
and locally through the websites for the CRA and Downtown Delray Beach. The
advertisement would run through December 31st and the drawing would be held after
the first of the year. The contact information would be provided to staff after the
drawing in order to develop a distribution list.
Staff would be launching its Local Business Google Map, and the item would be
discussed at a future meeting.
Kathy Biscuiti, Special Events Director, advised that staff had received the contract
for this year's holiday event featuring disco queen, Gloria Gaynor. The disco theme
would prevail, and a disco ball would be suspended over the street. Ms. Biscuiti had
been working over the last few months with Southern Waste Systems with regard to
establishing a recycling program for all CRA events. Southern Waste Systems would be
donating all the recycling containers and bags would be providing port-o-Iets as well.
Southern Waste Systems had also donated $1,000 toward the holiday event, and Ms.
Biscuiti requested approval of the donation. It was noted Southern Waste Systems had
no ties to the City of Boynton Beach.
Motion
Vice Chair Hay moved to approve the donation.
Mr. Rodriguez requested written documentation be provided as to Southern Waste's
background and felt the item should have been included on the agenda. Ms. Bright
noted the Information had not become available until this date and she would include
the item on the November agenda. Chair Taylor relied upon staff to take the
appropriate action, and he did not feel additional documentation was necessary. Mr.
Weiland had no objection to the request, provided a conflict of interest did not exist.
Ms. Ross seconded the motion that passed unanimously.
XV. Comments by Executive Director
Ms. Bright noted she had previously discussed with Ms. Ross an article featuring the
Lake Worth CRA and the concept of economic development through the arts. Ms.
Bright was attempting to determine whether the Board had an interest in discussing
Incentives for small businesses or economic development. If there was consensus, staff
would create an agenda Item for the next meeting. Funding for the Incentives could be
allocated from the Small Business Program.
Mr. Weiland had recently spoken to Ms. Bright regarding small business redevelopment.
While he had previously voted against providing grants to build out the interior of a
12
Meeting Minutes
Community Redevelopment Agency Board
~nton ...ch, Florida
OCtober 13, 2009
building, he no longer felt that way. Storefronts along Federal Highway were currently
vacant. He believed a plan should be developed to attract businesses to Federal
Highway, and he would fully support Incentives which would accomplish this objective.
Mr. Rodriguez pointed out the CRA already had a Business Development Plan on which
the Board was working. Ms. Ross noted the article referenced by Ms. Bright had
resonated with her, and she felt the concept of economic development through the arts
should be explored.
Ms. Bright noted art businesses and studios comprised the core of the original portion
of downtown Delray. Programs could be developed by the Boynton Beach CRA to
include slgnage Improvement, rent subsidies and Interior Improvements to buildings.
Staff desired to be aggressive, but only If the Board was receptive. To that end, staff
could develop a program for the Board's review next month, If It were the will of the
Board for staff to do so.
Chair Taylor had also read the article referred to by Ms. Ross and Ms. Bright. He
recalled that the Lake Worth CRA had no funding and had obtained grants for the
Incentives. He would not object to explOring a program presented by staff. Chair
Taylor noted that he would not be In favor of subsidizing any Interior Improvements for
a business. Ms. Bright believed the article indcated the Lake Worth CRA had provided
Incentives of $700,000 to the Palm Beach Cultural Coundl. Ms. Ross concurred the
Lake Worth CRA had been providing incentives In order to attract the Palm Beach
Cultural Council to locate Its offices into downtown Lake Worth. Ms. Bright would
provide a comprehensive packet for the next agenda.
Ms. Bright advised she had not attended the City COmmission meeting at which a
discussion was held pertaining to the concept of the Boynton Beach Old Town area.
She sought direction from the Board, as It was her understanding the Item was to be
explored by the CRA. While she believed in branding and marketing, she reminded the
Board of the existing Town Square Plan and way-finding signage identifying the Ocean
Avenue and Marina Districts. If an area were to be renamed "Boynton Beach Old
Town," she Inquired whether the area pertained specifically to Ocean Avenue.
Mr. Rodriguez Inquired whether there was any value In renaming the area. If there was
no value from lil marketing standpoint, he did not feel the Board should move forward.
Ms. Bright Indicated she would be able to respond to Mr. Rodriguez's Inquiry following
staff's research of the Issue. Ms. Ross added the value could be related to the newer
areas of the City. Chair Taylor suggested staff explore the Issue, obtain Input from the
business community and report back to the Board with the "pros and cons." Ms. Bright
noted the Issue would be addressed at the December meeting.
13
Meeting Minutes
Community Redevelopment Agency Board
.!:.ynton lluch, Florida
October 13, 2009
Ms. Bright provided an update on the Delray-Boynton Academy. The CRA had
partnered with the County to support the purchase of the Delray-Boynton Academy.
The Academy had received a $50,000 grant in 2005 from the County and a matching
grant from the CRA. Staff had worked with legal counsel for the past two years on the
matter, which was currently in the discovery phase. There was a $100,000 mortgage
on the building, and Mr. Greene had not been forthcoming as to whether the funds
were available. She assured the Board staff was continuing to work on the matter.
Attorney Cherof added as a result of the delay In the court system, the monies would
not be repaid sooner than six months and more likely closer to a year.
The Urban Land Institute nominated Ms. Bright as the regional representative for the
fall meeting and expo to be held In San Francisco November 2-5, 2009. She would be
traveling to the expo at the Institute's expense. The Board congratulated Ms. Bright on
her Impressive achievement.
XVI. Comments by CRA Board Attorney
None
XVII. Comments by CRA Board
Mr. Rodriguez noted the Implementation of the new electronic agenda format had been
discussed at the last Commission Meeting. It was his belief the CRA would move
forward with the new the process at the same time the CIty began the process. Ms.
Bright explained that other than Ms. Utterback, her staff had not been trained in the
new format. Additionally, she felt It would be appropriate to wait until the new Board
had been established to determine Its wishes. She also noted It would be necessary to
purchase new laptops for the new Board. Mr. Rodriguez commented the laptops had
already been purchased for the CommissIOn and all that was needed was the CRA data.
Mr. Weiland Indicated he would prefer to walt until the new Board had been
established. Chair Taylor pointed out the Commissioners were at liberty to take the
laptops home. New CRA Board members might also wish to take the laptops home,
and If so, the purchase of additional laptops would be necessary. Ms. Bright Indicated
the electronic agenda process was complex, and she did not feel the necessary training
and work Involved would make the best use of staff's time. Ms. Blscultl noted she and
Ms. Utterback had attended a training class provided by the City. She contended the
process took months to set up and had not yet been completed. Vice Chair Hay
beileved the Executive Director's comments were well taken and felt the issue should be
held In abeyance at this time.
14
Meeting Minutes
Community Redevelopment Agency Board
~ton Beach, Florid.
October 13, 2009
XV11.Adjournment
There being no further business to discuss, the meeting properly adjourned at 7:39
p.m.
~ 9~
Stephanie D. Kahn
Recording Secretary
101309
15
...............,-..
VI. CONSENT AGENDA:
B. Approval of Period Ended October 31,2009
Financial Report
11~<tY~T2~ C
Ii East Side-West Side-Seaside Renaissance
eRA BOARD MEETING OF: November 10, 2009
x I Consent Agenda I
Old Business
New Business
Public Hearing
Other
SUBJECT: Monthly Financial Report
SUMMARY: Monthly budget report to the CRA Board representing the revenues and expenses for
the month ending October 31, 2009.
FISCAL IMPACT: None
CRA PLAN, PROGRAM OR PROJECT: N/A
RECOMMENDATIONS: Approve October financials.
~~~
Susan Harris
Finance Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agende Item Request Forms by Meeting\FY 2009 _ 2010 Board
Meetings\11.10-09 Meeting\Financial Report.doc
28-2009 09:16 AM
- GENERAL FUND
rA!:.:rCIAL SUMMARY
ORIGINAL
BUDGET
F'Ioll-O?
lENUE SUMMARY
r.I.F.INCOME
'4ARINA RENT & GRANT INC
PESTIVALS & EVENT INCOME
INVESTMENT INCOME
JTHER FINANCING SOURCES
8,300,000
1,287,500
15,000
50,000
3,400,000
TAL REVENUES
13,052,500
- ---------- ----- ---- -
---------- --- --------
7,744,994
PENDI'I'URE SUMMARY
BOYNTON BEACH eRA
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: OCTOBER 31ST, 2009
AMENDED
BUDGET
F'/ O?-IO
6,818,294
926,700
o
o
o
--..---
MONTHLY
ACTIVITY
0.00
2,810.13
o DO
0.00
0.00
2,81013
---------
----- ----
YEAR-TO-DATE
BALANCE
il.OO
2,810.13
o 00
0.00
0.00
2,810.1::
.- ----------
----- ---
TOTAL
ENCUMBERED
0.00
o 00
0.00
0.00
----~
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
6,810,294.00
923, 8R9. 8'7
0.00
0.00
0.00
.~--~.
-- ---------- -----------
------ --- - -----
o 00
7,742,183.87
100 00
99.'70
o DO
0.00
~
99.96
10-28-2009 09:
01 -GENERAL FUND
REVENUES
T. I. F. INCOME
01-410QO T.r.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 INe
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
OTHER FINANCING SOURCES
01-49100 OTHER FINANCING SOURCES
TOTAL OTHER FINANCING SOURCES
TOTAL REVENUES
BOYNTON BEACH ..
REVENUE & EXPENDITURES REPO~
AS OF: OCTOBER 31ST,
ORIGINAL
BUDGET
'F--f D g-oq
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
AMENDED
BUDGET
FY oC,-ID
6,818,294.0
6,818,294
86,400.0
0.0
840,000.0
300.0
926,700
0.0
o
7,744,994
MONTHLY
ACTIVITY
0.00
0.00
0.00
0.00
2,810.13
0.00
2,810.13
0.0
o
0.00
0.00
,NAUDITED)
~009
YEAR-TO-DATE
BALANCE
0.00
0.00
0.00
0.00
2,810.13
0.00
2,810.13
0.00
0.00
0.00
0.00
0.00
0.00
2,810.13
TOTAL
ENCUMBERED
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
UNENCUMBERED
BALANCE
6,818,294.00
6,818,294.00
86,400.00
0.00
837,189.87
300.00
923,889.87
0.00
0.00
0.00
0.00
0.00
0.00
7,742,183.87
% OF
BUDGET
REMAINING
100.00
100.00
100.00
0.00
99.67
100.00
99.70
0.00
0.00
0.00
0.00
0.00
0.00
============ ============ ============= ============= ============= ============= =======
99.96
0.0
o
0.00
0.00
0.00
0.00
2,810.13
-2-
28-2009 09: 16 AM
BOYNTON BEACH CRA
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: OCTOBER 31ST, 2009
-GENERAL FUND
;ISLATlVE
'ARTMENTAL EXPENDITURES
ORIGINAL AMENDED
BUDGET BUDGET
~ n \1'O~ FYn<f-/0
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
UNENCUMBERED
BALANCE
% OF
BUDGET
REMAINING
~CHASED/CONTRACT SERV
1-51010-200 CONTRACTUAL EXPENSE 7,500 22,500 0.00 0, 00 0.00 22,500 00 100. 00
1-51010-203 MISCELLANEOUS 0 7,000 o.on 0, 00 0.00 " , noo 00 100. 00
1-51010-216 ADVERTISING & PUBLIC NOTI 2,700 2,700 92.88 92 . 88 0.00 2,607. 12 96.56
1-51010-225 ASSOC. MEETINGS & SEMINAR 2,500 13,050 0.00 0.00 0.00 13,050 00 100.UO
1-51010-227 DELIVERY SERVICES 3,600 3,500 0.00 0.00 0.00 3,500. 00 100.00
TOTAL PURCHASED/CONTRACT SERV 16,300 48,750 92.88 92.88 0.00 48,657 12 9Q.81
PPLIES
1=5lO10-310 OFFICE SUPPLIES ._~ 1,000 0.00 0, 00 0, 00 1,000.00 100. 00
---~
TOTAL SUPPLIES 600 1,000 o 00 0 ,00 0, 00 1,000.on 100. 00
TOTAL LEGISLATIVE 16, QOO 49,"50 92.88 92.88 0.00 49,6'17. 12 99.81
,\
0.'
10-28-2009 09: '1 BOYNTON BEACH
REVENUE & EXPENDITURES REPO~ JNAUDITED)
AS OF: OCTOBER 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
"'YeQ -r;-" j;''109~ 10
PERSONNEL SERVICES
01-51230-100 PERSONNEL SERVICES 176,917 178,125 0.00 0.00 0.00 178,125.00 100.00
01-51230-115 CAR ALLOWANCE 5,400 5,400 0.00 0.00 0.00 5,400.00 100.00
TOTAL PERSONNEL SERVICES 182,317 183,525 0.00 0.00 0.00 183,525.00 100.00
PURCHASED/CONTRACT SERV
01-51230-225 ASSOC. MEETINGS & SEMINAR 3,750 4,000 0.00 0.00 0.00 4,000.00 100.00
01-51230-226 MEMBERSHIP DUES 6,675 6,200 0.00 0.00 0.00 6,200.00 100.00
01-51230-227 DELIVERY SERVICES 3,000 3,000 0.00 0.00 0.00 3,000.00 100.00
01-51230-229 CAREER DEVELOPMENT 0 1,500 0.00 0.00 0.00 1,500.00 100.00
TOTAL PURCHASED/CONTRACT SERV 13,425 14,700 0.00 0.00 0.00 14,700.00 100.00
SUPPLIES
01-51230-310 OFFICE SUPPLIES 8,500 6,500 0.00 0.00 0.00 6,500.00 100.00
01-51230-315 POSTAGE 2,000 2,000 0.00 0.00 0.00 2,000.00 100.00
01-51230-340 CELLULAR PHONES 0 1,200 0.00 0.00 0.00 1,200.00 100.00
01-51230-355 SUBSCRIPTIONS 200 300 0.00 0.00 0.00 300.00 100.00
01-51230-360 BOOKS & PUBLICATIONS 500 500 0.00 0.00 0.00 500.00 100.00
TOTAL SUPPLIES 11,200 10.500 0.00 0.00 0.00 10,500.00 100.00
CAPITAL EXPENDITURES
01-51230-400 EQUIPMENT COSTS 5,000 1,000 0.00 0.00 0.00 1,000.00 100.00
TOTAL CAPITAL EXPENDITURES 5,000 1,000 0.00 0.00 0.00 1,000.00 100.00
DEPRECIATION & AMORT
TOTAL ADMINISTRATIVE 211,942 209,725 0.00 0.00 0.00 209,725.00 100.00
-4-
28-2009 09:16 AM
- GENERAL FUND
rANCE
'ARTMENTAL EXPENDITURES
'tSONNEL SERVICES
1-51325-100 PERSONNEL SERVICES
TOTAL PERSONNEL SERVICES
RCHASED/CONTRACT SERV
1-51325-200 CONTRACTUAL EXPENSE
1-51325-201 BANK FEES
1-51325-225 ASSOC. MEETINGS & SEMINAR
1-51325-226 MEMBERSHIP DUES
1-51325-227 DELIVERY COSTS
1-51325-229 CAREER DEVELOPMENT
TOTAL PURCHASED/CONTRACT SERV
rpPLIES
~5-310 OFFICE SUPPLIES
11-51325-340 CELLULAR PHONES
11-51325-355 SUBSCRIPTIONS
ll-51325-360 BOOKS & PUBLICATIONS
ll-51325-365 OFFICE PRINTING COSTS
TOTAL SUPPLIES
\PITAL EXPENDITURES
EPRECIATION & AMORT
c~OT.n..L FINANCB
BOYNTON BEACH eRA
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: OCTOBER 31ST, 2009
ORIGINAL
BUDGET
F'-/ "1/-0'1
AMENDED MONTHLY
BUDGET ACTIVITY
;:::1./0'1-10
YEAR TO-DATE
BALANCE
TOTAL
ENCUMBERED
'1;- OF
UNENCUMBERED BUDGET
BALANCE FEMAINING
130,260 130,260 0.00 0.00 -~--~-=..QQ 130,260.00 100.00
--
130,260 130,260 0.00 0.00 0.00 130,260.00 100.00
2,280 2,825 175.00 175.00 0.00 2,650 on 93 ,81
3,000 3,200 0.00 0.00 0.00 3,200. 00 100. 00
5,750 2,250 0.00 0.00 0.00 2,250 00 100 ,00
725 895 0.00 0.00 0.00 895.00 100 ,00
1,000 500 0.00 0.00 0.00 500.00 100 00
3,000 3,000 0.00 -~ ._--~ 3,000.00 100.00
15,755 12,670 175.00 175.00 o on 1:2,495.00 98.62
4 .500 2,000 0 ,00 o. 00 0, 00 2,OOO.OC 100.00
0 1,440 60, 00 60, 00 660. 00 '720.00 50.00
0 1,000 0.00 0, 00 0, 00 1,000.00 100 ,00
500 500 0.00 0, 00 0 00 500.00 100. 00
_ 400 400 ---.2..:.QQ 0.00 0, 00 400.00 lOO.OO
- --
5,400 5,340 60.nn 60.00 660. 00 4,620 00 R6.52
:"1. i15
14B.27(\
~', ., co 0 'J
23:..()O
-;<';,-, :)11
" ~ 3 "5 uo
?9 -10
~1'
10-28-2009 09
1M
BOYNTON BEACH
REVENUE & EXPENDITURES REPl
AS OF: OCTOBER 31S'];,
UNAUDITED)
2009
01 -GENERAL FUND
INSURANCES
DEPARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
F'Io<;/-Oq
AMENDED
BUDGET
F''f D9-/0
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
PURCHASED/CONTRACT SERV
01-51410-200 CONTRACTUAL EXPENSE 28,916 28,650 12,462.43 12,462.43 0.00 16,187.57 56.50
01-51410-213 GENERAL PROPERTY COVERAGE 76,394 63,590 39,228.00 39,228.00 0.00 24,362.00 38.31
01-51410-214 EMPLOYEE FIDELITY COVERAG 1,650 1,000 995.29 995.29 0.00 4.71 0.47
01-51410-215 DIRECTORS & OFFICERS COVE 8,510 8,510 5,040.00 5,040.00 0.00 3,470.00 40.78
TOTAL PURCHASED / CONTRACT SERV 115,470 101,750 57,725.72 57,725.72 0.00 44,024.28 43.27
TOTAL INSURANCES 115,470 101,750 57,725.72 57,725.72 0.00 44,024.28 43.27
-6-
28-2009 09:16 AM
BOYNTON BEACH CRA
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: OCTOBER lIST, 2009
-GENERAL FUND
FESSIONAL SERVICES
ORIGINAL
BUDGET
'f''fo ~-O'l
AMENDED
BUDGET
F" () '9-1 D
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
% OF
TOTAL UNENCUMBERED BUDGET
ENCUMBERED BALANCE REMAINING
'ARTMENTAL EXPENDITURES
tCHASED / CONTRACT SERV
_-51420-200 CONTRACTUAL EXPENSE 276,000 261,000 0.00 1l.OO 36,000. 00 225,000 ,00 86.21
_-51420-201 CONTRACT LEGAL 200,000 100,000 0.00 0.00 0, 00 100,000 00 100.00
_-51420-204 CITY STAFF COSTS 9,000 15,000 0.00 0.00 0, 00 15,000. 00 100.00
TOTAL PURCHASED/CONTRACT SER" 485,000 376,000 - ~.---O:OO fJ.OO 16,000 00 340,000 --
AD 90.43
.--- ----.-
TOTAL PROFESSIONAL SERVICES 485,000 376,000 0.00 0.00 36,000.00 340,000.00 90.43
10-28-2009 09 M BOYNTON BEACH
REVENUE & EXPENDITURES REPC JNAUDITED)
AS OF: OCTOBER 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
~Ynl1-0'i FVoq-,O
PERSONNEL SERVICES
01-51440-100 PERSONNEL SERVICES 184,205 184,205 0.00 0.00 0.00 184,205.00 100.00
01-51440-115 CAR ALLOWANCE 5,400 5,400 0.00 0.00 0.00 5,400.00 100.00
TOTAL PERSONNEL SERVICES 189,605 189,605 0.00 0.00 0.00 189,605.00 100.00
PURCHASED/CONTRACT SERV
01-51440-225 ASSOC. MEETINGS & SEMINAR 11,000 11,000 0.00 0.00 0.00 11,000.00 100.00
01-51440-226 MEMBERSHIP DUES 825 475 581.00 581.00 0.00 106.00) 22.32-
01-51440-227 DELIVERY SERVICES 1,000 600 0.00 0.00 0.00 600.00 100.00
01-51440-229 CAREER DEVELOPMENT 2,500 2,000 0.00 0.00 0.00 2,000.00 100.00
TOTAL PURCHASED/CONTRACT SERV 15,325 14,075 581.00 581.00 0.00 13,494.00 95.S7
SUPPLIES
01-51440-310 OFFICE SUPPLIES 3,500 2,000 0.00 0.00 0.00 2,000.00 100.00
01-51440-340 CELLULAR PHONES 0 1,620 0.00 0.00 0.00 1,620.00 100.00
01-51440-355 SUBSCRIPTIONS 150 0 0.00 0.00 0.00 0.00 0.00
01-51440-360 BOOKS & PUBLICATIONS 300 300 0.00 0.00 0.00 300.00 100.00
01-51440-365 OFFICE PRINTING COSTS 1,000 1,000 284.40 284.40 0.00 715.60 71. 56
TOTAL SUPPLIES 4,950 4,920 284.40 284.40 0.00 4,635.60 94.22
CAPITAL EXPENDITURES
DEPRECIATION & AMORT
TOTAL PLANNING 209,880 208,600 865.40 865.40 0.00 207,734.60 99.59
-8-
28-2009 09: 16 AM
-GENERAL FUND
LDINGS & PROPERTY
'ARTMENTAL EXPENDITURES
~CHASED/CONTRACT SERV
1-51620-200 CONTRACTUAL EXPENSE
1-51620-201 PROPERTY TAXES
1-51620-205 RENTAL OF OFFICES
1-51620-206 MAINTENENCE & CLEANING
1-51620-208 EQUIPMENT LEASES
1-51620-209 PROPERTY MAINTENENCE COST
1-51620-224 SIGNAGE
TOTAL PURCHASED / CONTRACT SERV
PPLIES
1-51620-325 ELECTRICITY COSTS
1 51620-326 WATER CHARGES
TOTAL SUPPLIES
.PITAL EXPENDITURES
:PRECIATION & AMORT
TOTAL BUILDINGS & PROPERTY
BOYNTON BEACH CRA
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: OCTOBER 31ST, 2009
ORIGINAL
BUDGET
'F't oll-09
2,700
160,000
50,760
12,880
25,000
216,370
10,000
477,710
12,500
6,000
18,500
496,210
AMENDED
BUDGET
f''t 0 "'-i 0
3,050
160,000
42,600
7,560
30,000
201,980
10,000
455,190
9,000
6,000
15,000
471).190
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
UNENCUMBERED
BALANCE
% OF
BUDGET
REMAINING
0.00 0.00 n ,00 3,050. 00 :00. 00
2,053.50 ..,053.50 O. 00 157,946. 50 98 ,72
3,300.00 3,300.00 315, ~OO. 00 3,000.00 7. 04
630.00 630.00 0 ,00 6,930.00 9L 67
1,358.00 1,358.00 0.00 28,642.00 95 ,47
2,363.00 2,363.00 0.00 199,617.00 98, 83
0.00 0.00 0.00 10,000.00 100. 00
9,704.50 9,704.50 36,300.00 409,185.50 89 89
0.00 0.00 0.00 9,000. 00 100.00
0.00 -~ 0.00 6,000. 00 100.00
0.00 0.00 0.00 15,000. 00 100 00
.-----_.~
'!, "'04 50
", :114.5'.'
3 f , ~j (1 0 :I()
4:;4,185 58
gO 2:
'.,.".
10-28-2009 09: " BOYNTON BEACH
REVENUE & EXPENDITURES REPO JNAUDITED)
AS OF: OCTOBER 31ST, 2009
01 -GENERAL FUND
MARINA
. OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUOOET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
t::'fOff-Oq F'f 0 9'-10
PURCHASED/CONTRACT SERV
01-51630-200 CONTRACTUAL 500 500 0.00 0.00 0.00 500.00 100.00
01-51630-209 PROPERTY MAINTENENCE 35,000 28,100 0.00 0.00 0.00 28,100.00 100.00
01-51630-241 MARINA FUEL MANAGEMENT 148,000 148,000 12,333.00 12,333.00 0.00 135,667.00 91. 67
01-51630-242 MARINE FUEL STATION OVERH 50,000 37,200 271.95 271. 95 0.00 36,928.05 99.27
TOTAL PURCHASED/CONTRACT SERV 233,500 213,800 12,604.95 12,604.95 0.00 201,195.05 94.10
SUPPLIES
01-51630-325 ELECTRIC COSTS 20,000 17,100 0.00 0.00 0.00 17,100.00 100.00
01-51630-326 WATER COSTS 1,800 2,400 0.00 0.00 0.00 2,400.00 100.00
01-51630-327 GASOLINE & DEISEL FUEL PU 1,008,000 680,400 37,182.79 37,182.79 0.00 643,217.21 94.54
01-51630-328 MARINA DIESEL SALES TAX 19,200 12,000 0.00 0.00 0.00 12,000.00 100.00
TOTAL SUPPLIES 1,049,000 711,900 37,182.79 37,182.79 0.00 674,717.21 94.78
CAPITAL EXPENDITURES
01-51630-400 EQUIPMENT COSTS 5,000 1,000 0.00 0.00 0.00 1,000.00 100.00
TOTAL CAPITAL EXPENDITURES 5,000 1,000 0.00 0.00 0.00 1,000.00 100.00
TOTAL MARINA 1,287,500 926,700 49,787.74 49,787.74 0.00 876,912.26 94.63
-10-
-28-2009 09:16 AM
BOYNTON BEACH CRA
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: OCTOBER 31ST, 2009
-GENERAL FUND
~ICATIONS & TECHNOLO
ORIGINAL
BUDGET
Pi "Il'-,C'l
AMENDED
BUDGET
r't '" <(-I 0
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
UNENCUMBERED
BALANCE
% OF
BUDGET
REMAINING
PARTMENTAL EXPENDITURES
RCHASED/CONTRACT SERV
1-51650-200 CONTRACTUAL EXPENSE 5,500 3,760 0.00 0, 00 0.00 3,760.00 100.00
1-51650-210 CITY IT SUPPORT 20,000 21,000 0.00 0, 00 0.00 21,000.00 100.00
1-51650-211 COMPUTER SOFTWARE & LICEN 0 3,000 0.00 0 ,00 0.00 3,000.00 100.00
1-51650-212 FINANCIAL SOFTWARE MAINTE 6,500 6,500 0.00 ___~___ 0.00 0.00 6,500.00 100.00
----
TOTAL PURCHASED/CONTRACT SERV 32,000 34,260 0.00 0.00 0.00 34,260.00 100.00
rpPLIES
11-51650-330 TELEPHONE LINES 12,200 15.600 887 30 R87.30 0.00 14,712.70 74 ,31
11-51650-340 CELLULAR PHONES 7,920 0 0.00 0.00 0.00 0.00 O. 00
TOTAL SUPPLIES 20,120 15,600 887.30 887.30 0.00 14,712 70 9' ,31
~PITAL EXPENDITURES
11-51650-400 EQUIPMENT COSTS ._10,000 __~OOO 0.00 0.00 ~_r 163.12 2,836.88 35.41')
--- ..._.~
TOTAL CAPITAL EXPENDITURES 10,000 8,000 o 00 0.00 5,163.12 2,R36 88 15.46
-~-- ~.-_.. -----.. -..------ ---..---..-
TOTAL COMMUNICATIONS & TECHNOLO 62,120 57,Q60 88".,0 88'7 30 161 "< '-,1,809.58 89 54
10-28-2009 09: ~
01 -GENERAL FUND
CONTINGENCY
DEPARTMENTAL EXPENDITURES
BOYNTON BEACH
REVENUE & EXPENDITURES REPO JNAUDITED)
AS OF: OCTOBER 31ST, 2009
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
7"'-/oa-Oq F'I 00;.- 10
314,493 100,000 0.00 0.00 0.00 100,000.00 100.00
314,493 100,000 0.00 0.00 0.00 100,000.00 100.00
314,493 100,000 0.00 0.00 0.00 100,000.00 100.00
PURCHASED/CONTRACT SERV
01-51990-200 CONTRACTUAL EXPENSE
TOTAL PURCHASED I CONTRACT SERV
TOTAL CONTINGENCY
-12-
28-2009 09:16 AM
- GENERAL FUND
.KETING
'ARTMENTAL EXPENDITURES
tSONNEL SERVICES
.-57400-100 PERSONNEL SERVICES
TOTAL PERSONNEL SERVICES
~CHASED/CONTRACT SERV
l-57400~200 CONTRACTUAL EXPENSE
1~57400-216 ADVERTISING & PUBLIC NOTI
1~57400-218 ANNUAL REPORT & BROCHURES
1-57400-225 ASSOC. MEETINGS & SEMINAR
1-57400-226 MEMBERSHIP DUES
1-57400-227 DELIVERY SERVICES
1-57400-229 CAREER DEVELOPMENT
1-57400-236 PHOTOGRAPHY I VIDEOS
TOTAL PURCHASED/CONTRACT SERV
PPLIES
1-57400-310 OFFICE SUPPLIES
1-57400-340 CELLULAR PHONES
1-57400-355 SUBSCRIPTIONS
1-57400~360 BOOKS & PUBLICATIONS
1-57400-365 OFFICE PRINTING COSTS
TOTAL SUPPLIES
;PRECIATION & AMORT
TOTAt, MARY,ETING
BOYNTON BEACH CRA
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: OCTOBER 31ST, 2009
ORIGINAL
BUDGET
F'I 0 l/'-oq
AMENDED
BUDGET
f=''-IoCf-/O
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
%- OF
UNENCUMBERED BUDGET
BALANCE REMAINING
86,632 __~,392 0.00 0.00 0.00 87,392.00 100.00
_._.~~ ~
86,632 R7,392 0.00 n 00 f).OO 87,192.00 100.0n
8,500 0 0.00 0.00 0.00 0, on 0.00
2,000 3,000 0.00 0.00 0 ,00 3,000 00 100.00
10,000 10,000 0.00 0 00 0.00 10,000.00 100.00
2,000 1,500 0.00 0.00 0.00 1,500.00 100.00
1,334 900 0.00 0.00 0.00 900.00 100.00
2,500 3,000 0.00 0.00 0.00 3,000.00 100.00
0 3,000 0.00 0.00 0.00 3,000.00 100.00
10,000 20,000 3,800.00 3,800.00 8,475.00 7,725.00 38.63
36,334 41, 400 3,800.00 3,800.00 8,475.00 29,125.00 70.35
1,500 5,000 0.00 0 ,00 0 ,00 ",000 00 100. no
0 1, 260 60.00 60, 00 100. 00 ?JOO. on 71 40
1,100 550 0.00 0 00 0 00 550. 00 100 ,00
100 100 0.00 0 ,00 n. 00 100 00 100. 00
___.-?,900 2,000 0.00 0.00 0.00 5,000.00 100.00
~--
17.600 11,910 60 no 60 00. wn.on 1L"i50.00 %.98
l~n,C;hf
14(\ 7n:'
Sf>fj
'60
DC
121:'" :,6"' r";L
,I;.. n:'
~
-14-
28-2009 09:16 AM
- GENERAL FUND
.NSFER OUT
'ARTMENTAL EXPENDITIJRES
ORIGINAL
BUDGET
F''-/ 0 11:-0'1
iER FINANCING USES
L-59999-990 INTERFUND TRANSFERS OUT_
TOTAL OTHER FINANCING USES
6,171,419
6,171,419
------ ----------.
TOTAL TRANSFER OUT
6,171,419
TAL EXPENDITURES
13,052,500
------~-----
---- ------
VENUES OVER/ (UNDER) EXPENDITIJRES
BOYNTON BEACH CRA
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: OCTOBER 31ST, 2009
AMENDED MONTHLY
BUDGET ACTIVITY
.~'fOq -/0
1,512,045 __~_~
1,512,045 0.00
1,512,045
7,744,994
128,686.96
----------- -------------
------- ---- - ---------
o
c (
125,876.83) (
YEAR-TO-DATE
BALANCE
0.00
--
0.00
0.00
o.on
128,686 96
----------- -
------- ---
125,R7fi.R3) (
TOTAL
ENCUMBERED
UNENCUMBERED
BALANCE
'1;- OF
BUDGET
REMAINING
0.00
0.00
0.00
1,512,045.00
1,<;12,045.00
1. 512,045 00
100.00
10n.oo
100.00
9"7.20
88,468.01
88,468.01)
7,527,839.03
214,344.84
0.00
10-28-2009 09
M
02 - PROJECTS FUND
FINANCIAL SUMMARY
REVENUE SUMMARY
MISCELLANEOUS
OTHER FINANCING SOURCES
TOTAL REVENUES
EXPENDITURE SUMMARY
OPERATING EXPENSES
CAPITAL OUTLAY
AFFORDABLE HOUSING
ECONOMIC DEVELOPMENT
PROJECTS AND PROGRAMS
TOTAL EXPENDITURES
REVENUES OVER! (UNDER) EXPENDITURES
ORIGINAL
BUDGET
F'f Dlr-c<i
300,000
6,671,419
6,971,419
BOYNTON BEACH
REVENUE & EXPENDITURES REPC
AS OF: OCTOBER 31ST,
AMENDED
BUDGET
~'1 O't-Ib
o
3,919,107
3,919,107
MONTHLY
ACTIVITY
0.00
0.00
0.00
UNAUDITED)
2009
YEAR-TO-DATE
BALANCE
0.00
0.00
0.00
TOTAL
ENCUMBERED
0_00
0.00
0.00
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
0_00
3,919,107.00
3,919,107.00
0.00
100.00
------------ ------------ ------------- ------------- ------------- ------------- -------
------------ ------------ ------------- ------------- ------------- ------------- -------
100.00
465,000
4,091,279
860,000
809,795
745,345
6,971,419
200,000
1,246,309
1,139,433
643,040
690,325
3,919,107
0.00
1,000.00
0.00
11,760.00
1,000.00
13,760.00
0.00
1,000.00
0.00
11,760.00
1,000.00
13,760.00
------------ ------------ ------------- -------------
------------ ------------ ------------- -------------
13,760.00) (
o
o
13,760_00) (
0.00
151,827.00
40,000.00
15,000.00
0.00
206,827.00
206,827. DO)
200,000.00
1,093,482.00
1,099,433.00
616,280.00
689,325.00
3,698,520.00
100.00
87.74
96.49
95.84
99.86
94.37
220,587.00
------------- -------
------------- -------
0.00
-16-
28-2009 09:1~ AM
- PROJECTS FUND
lENUES
3TIVALS & EVENT INCOME
VESTMENT INCOME
SCELLANEOUS
2-48100 MISCELLANEOUS INCOME
TOTAL MISCELLANEOUS
HER FINANCING SOURCES
2-49100 OTHER FINANCING SOURCES
2-49900 TRANSFERS IN
TOTAL OTHER FINANCING SOURCES
------ ~~~-,_.-
,TAL REVENUES
BOYNTON BEACH eRA
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: OCTOBER 31ST, 2009
ORIGINAL
BUDGET
F'-/OIl-o'1
300,000
300,000
500,000
6,171,419
6,671,419
6,971,419
AMENDED
BUDGET
r'fn9-IO
MONTHLY
ACTIVITY
0,0
o
0.00
0.00
,--
0.00
2,407,062.0
1,512,045.0
3,919,107
3,91g,107
--------- - -------
-------- --
YEAR-TO-DATE
BALANCE
TOTAL
ENCUM:BERED
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
o 00
0.00
0.00
------~
0.00
0.00
0.00
0.00
0.00
0.00
0.00
100.00
100.00
100.00
2,407,062.00
1,512,045.00
3,919,107.00
0,00
1,919,10'" 00
------ ------ -------
-- -------
lOO.DC
"
10-28-2009 09: M
02 -PROJECTS FUND
OPERATING EXPENSES
DEPARTMENTAL EXPENDITURES
BOYNTON BEACH
REVENUE & EXPENDITURES REPC JNAUDITED)
AS OF: OCTOBER 31ST, 2009
. OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BAIJ\NCE REMAINING
/'"'-/O(;-O'l F'{ 0 '1-11J
90,000 0 0.00 0.00 0.00 0.00 0.00
300,000 150,000 0.00 0.00 0.00 150,000.00 100.00
75,000 50,000 0.00 0.00 0.00 50,000.00 100.00
465,000 200,000 0.00 0.00 0.00 200,000.00 100.00
465,000 200,000 0.00 0.00 0.00 200,000.00 100.00
PURCHASED/CONTRACT SERV
02-58100-202 CONTINGENCY EXPENSE
02-58100-203 CONTRACTUAL EXPENSE
02-58100-213 LEGAL FEES
TOTAL PURCHASED/CONTRACT SERV
TOTAL OPERATING EXPENSES
-18-
28-2009 09:16 AM
- PROJECTS FUND
'ITAL OUTLAY
'ARTMENTAL EXPENDITURES
BOYNTON BEACH CRA
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: OCTOBER 31ST, 2009
ORIGINAL
BUDGET
P'I 0 fl-O?
?ITAL EXPENDITURES
2-58200-400 LAND
2-58200-404 CONSTRUCTION IN PROGRESS
2-58200-405 SITE WORK AND DEMOLITION
2-58200-406 INFRASTRUCTURE AND STREET
TOTAL CAPITAL EXPENDITURES
TOTAL CAPITAL OUTLAY
650,000
2,000,000
75,000
1,366,279
4,091,279
4,091,279
AMENDED
BUDGET
1=''(09-10
100,000
228,680
50,000
867,629
1,246,309
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALAN"CE
TOTAL
ENCUMBERED
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
n.oo 0.00 0 00 100,000.00 100.00
0.00 0.00 0 ,00 228,680.00 100.00
0.00 0.00 0.00 50,000.00 100.00
1,000.00 1,000.00 151,827.00 714,802.00 82.39
1,000.00 1,000.00 151,827.00 L 093,482.00 87 74
.~-_.-
1,000.00 1,000.00 151,827.00 1,093,482 ,00 87 74
1,246,309
~
10-28-2009 09
101
BOYNTON BEACH
REVENUE & EXPENDITURES REPl
AS OF: OCTOBER 31ST,
,UNAUDITED)
2009
02 -PROJECTS FUND
AFFORDABLE HOUSING
DEPARTMENTAL EXPENDITURES
ORIGINAL
BUOOET
f"{ne-O'1
AMENDED
BUDGET
Fv 0<;-/ 0
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
. OF
UNENCUMBERED BUDGET
BALANCE REMAINING
CAPITAL EXPENDITURES
02-58300-420 RESIDENTIAL IMPROVEMENT P 160,000 199,805 0.00 0.00 40,000.00 159,805.00 79.98
02-58300-421 HOME BUYERS ASSISTANCE PR 300,000 939,628 0.00 0.00 0.00 939,628.00 100.00
02-58300-473 AFFORDABLE ACCESS PROGRAM 400,000 0 0.00 0.00 0.00 0.00 0.00
TOTAL CAPITAL EXPENDITURES 860,000 1,139,433 0.00 0.00 40,000.00 1,099,433.00 96 .49
TOTAL AFFORDABLE HOUSING 860,000 1,139,433 0.00 0.00 40,000.00 1,099,433.00 96.49
.
-20-
28-2009 09: 16 AM
BOYNTON BEACH CRA
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: OCTOBER 31ST, 2009
- PROJECTS FUND
)NOMIC DEVELOPMENT
?ARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
PYo g-o 'f
AMENDED
BUDGET
P'f 0 C(- tQ
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
UNENCUMBERED
BALANCE
't- OF
BUDGET
REMAINING
PITAL EXPENDITURES
2-58400-440 FACADE GRANTS-COMMERCIAL 75,000 105,000 0 ,00 0 ,00 15,000.00 90,000. 00 85 71
2-58400-442 TRANSPORTATION PROGRAM 734,795 438,040 11,760. 00 11,760. 00 0.00 426,280. 00 97 .32
2-58400-443 DIFA-ECONOMIC DEVELOPMENT 0 100,000 0.00 0, 00 0.00 100,000. 00 100. 00
TOTAL CAPITAL EXPENDITURES 809,795 643,040 11,760.00 11,760. 00 1S,000 00 616,280. 00 95 ,84
..----
TOTAL ECONOMIC DEVELOPMENT 809,795 643,040 11,760. 00 11,'750.00 15,000.00 616,280 00 95. 84
10-28-2009 09:
"
BOYNTON BEACH
REVENUE & EXPENDITURES REPG.
AS OF: OCTOBER 31ST,
JNAUDITED)
2009
02 -PROJECTS FUND
PROJECTS AND PROGRAMS
DEPARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
~VO g~Oq
AMENDED
BUDGET
F'toC,-ltJ
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
UNENCUMBERED
BALANCE
, OF
BUDGET
REMAINING
CAPITAL EXPENDITURES
02-58500-460 COMMUNITY POLICING INNOVA 475,345 396,325 0.00 0.00 0.00 396,325.00 100.00
02-58500-480 COMMUNITY SPECIAL EVENTS 270,000 294,000 1,000.00 1,000.00 0.00 293,000.00 99.66
TOTAL CAPITAL EXPENDITURES 745,345 690,325 1,000.00 1,000.00 0.00 689,325.00 99.86
TOTAL PROJECTS AND PROGRAMS 745,345 690,325 1,000.00 1,000.00 0.00 689,325.00 99.86
-22-
28-2009 09:16 AM
-PROJECTS FUND
NSFER OUT - ASSET TRA
)ARTMENTAL EXPENDITURES
~ER FINANCING USES
rAL EXPENDITURES
VENUES OVER/ (UNDER) EXPENDITURES
BOYNTON BEACH CRA
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: OCTOBER 31ST, 2009
ORIGINAL
BUDGET
F<{o r;:-O'i
AMENDED MONTHLY
BUDGET ACTIVITY
P<{Oq-fO
-----~~-------~--
206.827.00
6.971,419
3,919,10'7
13.760.00
--- -------
- ----~--
o
o \
13.760.00)
YEAR-TO-DATE
BALANCE
13,760.00
TOTAL
ENCUMBERED
PAGE:
g
UNENCUMBERED
BALANCE
% OF
BUDGET
REMAINING
~-------- - ------~---
-----~~--- ------------
206,827.00)
13,760.001 I
3.698,520.00
94 37
220,587.00
0.00
n
10-28-2009 09: BOYNTON BEACH r
REVENUE & EXPENDITURES REPO:h NAUDITED)
AS OF: OCTOBER 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
1"-'-( 0 (;/ -oq Fyoq-/o
PERSONNEL SERVICES
01-57500-100 PERSONNEL SERVICES 83,262 84,022 0.00 0.00 0.00 84,022.00 100.00
TOTAL PERSONNEL SERVICES 83,262 84,022 0.00 0.00 0.00 84,022.00 100.00
PURCHASED/CONTRACT SERV
01-57500-225 ASSOC. MEETINGS & SEMINAR 2,500 1,500 0.00 0.00 0.00 1,500.00 100.00
01-57500-226 MEMBERSHIP DUES 325 400 0.00 0.00 0.00 400.00 100.00
01-57500-229 CAREER DEVELOPMENT 0 2,000 0.00 0.00 0.00 2,000.00 100.00
TOTAL PURCHASED/CONTRACT SERV 2,825 3,900 0.00 0.00 0.00 3,900.00 100.00
SUPPLIES
01-57500-310 OFFICE SUPPLIES 3,500 2,500 0.00 0.00 0.00 2,500.00 100.00
01-57500-340 CELLULAR PHONES 0 1,680 109.99 109.99 1,569.89 0.12 0.01
01-57500-355 SUBSCRIPTIONS 250 250 0.00 0.00 0.00 250.00 100.00
01-57500-360 BOOKS & PUBLICATIONS 250 200 0.00 0.00 0.00 200.00 100.00
TOTAL SUPPLIES 4,000 4,630 109.99 109.99 1,569.89 2,950.12 63.72
CAPITAL EXPENDITURES
01-57500-400 EQUIPMENT COSTS 5,000 2,500 0.00 0.00 0.00 2,500.00 100.00
TOTAL CAPITAL EXPENDITURES 5,000 2,500 0.00 0.00 0.00 2,500.00 100.00
DEPRECIATION & AMORT
TOTAL SPECIAL EVENTS 95,087 95,052 109.99 109.99 1,569.89 93,372.12 98.23
-24-
-28-2009 09:16 AM
-GENERAL FUND
?LOYEE BEBEFITS
?ARTMENTAL EXPENDITURES
~SONNEL SERVICES
1-59000-151 F.I.C.A.
1 59000-152 MEDICARE
1-59000-153 RETIREMENT PLAN 401(a)
1-59000-154 WORKERS COMP INSURANCE
1-59000 155 HEALTH INSURANCE
1-59000-156 DENTAL INSURANCE
1-59000-157 LIFE INSURANCE
1-59000-158 SHORT / LONG TERM DISABIL
1-59000-159 UNEMPLOYMENT CHARGES
1-59000-160 VISION INSURANCE
1-59000-161 COMPENSATED ABSENSES
TOTAL PERSONNEL SERVICES
TOTAL EMPLOYEE BEBEFITS
ORIGINAL
BUDGET
'F'-Iol/-O<t
43,345
9,830
74,512
6,356
53,856
3,698
2,614
3,112
5,000
594
25,000
227,917
22'7,917
BOYNTON BEACH CRA
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: OCTOBER 31ST, 2009
AMENDED MONTHLY
BUDGET ACTIVITY
P'YD4-/tJ
41,838
9,785
71,049
5,000
62,208
4,147
1,057
3,092
5,000
648
25,000
228,824
228,824
0.00
0.00
25ll 00
0.00
4, '791.69
0.00
80.10
262.82
0.00
33.82
0.00
5,418.43
;:;,418.43
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
UNENCUMBERED
BALANCE
% OF
BUDGET
REMAINING
0.00
0.00
250.00
0.00
4,791.69
0.00
80.10
262.82
0.00
33.82
0.00
"i, 418 .43
5.418 43
0.00
n.oo
o 00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
41,838.00
Q,785.00
70,799.00
5,000.00
57,416.31
4,147.00
976.90
2,829.18
5,000.00
614 .18
25,000.00
223,405.57
223,405 5'7
100.00
100.00
99.65
100.00
92.30
100.00
92.42
91.50
100.00
94.78
100.00
97.63
97.63
,..'~
., '. '<I' _.,..
VI. CONSENT AGENDA:
C. Monthly Procurement Purchase Orders
NONE
~J
I
VI. CONSENT AGENDA:
D. Consideration of Funding $225 to Habitat for
Humanity for Trolley Tour of Heart of Boynton
Neighborhood
II~ctY~T8~ eRA
Ii East Side-West Side-Seaside Renaissance
eRA BOARD MEETING OF: November 10,2009
x I Consent Agenda I I Old Business
New Business
Legal
Other
SUBJECT: Consideration of Funding $225 to Habitat for Humanity for Trolley Tour of Heart
of Boynton Neighborhood.
SUMMARY: Habitat for Humanity of South Palm Beach has been actively developing single-family
housing in the Heart of Boynton for the last eight years. They are conducting a tour of the area for their funders
and potential funders followed by dinner at Two Georges.
Habitat has requested the support of the CRA through the use of the use of the trolley for the event from 5:00-
8:00 pm. The date of the event is November 17, 2009.
The CRA conunissioners are invited to attend the event.
FISCAL IMPACT: Up to $225 from Line Item 02-58200
CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan
RECOMMENDATIONS/OPTIONS: Staffreconunends approval of the funds as this supports the
redevelopment of the Heart of Boynton conununity.
'-1j~l1r~
ViVIan L. Brooks
Assistant Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleled Agenda Ilem Requesl Forms by MeelinglFY 2009 _ 2010 Board
Meelingsl11-10-o9 MeelinglHabilal request.doc
Page i of i
Brooks, Vivian
From: Mike Campbell [mcampbell@hfhboca,org]
Sent: Tuesday, October 20,20093:26 PM
To: Brooks, Vivian
Subject: Trolley Use
Habitat for Humanity South Palm Beach would like to ask for the use of the Trolley on Tuesday Nov 17, 2009 for
an event to show possible funders the good work of Habitat for Humanity South Palm Beach in the HOB area, We
would like to have the Trolley pick up the funders at Two Georges at 6pm and tour the habitat builds in the area
from Federal Hwy to 1-95 and Boynton Beach Blvd to the CanaL We will need the trolley from 6pm to 7'30pm.
Thank you for your consideration
Michael E, Campbell
Executive Director
Habitat for Humanity SPBC
561-819-6070 x 203
Please note the new E-Mail address
mcampbell@hfhboca.org
!Ol?lI?OO<J
. <q,,",-..-
VIII. INFORMATION ONLY:
A. CRA Policing Activity Report for the Month of
October 2009 and District Statistics for the Months of
September and October 2009
~J~~Y~T8~ eRA
iI East Side"'West Side"'Seaside Renaissance
eRA BOARD MEETING OF: November 10, 2009
I Consent Agenda I
Old Business I I New Business I I Public Hearing I X I Other
SUBJECT: CRA Policing Activity Report for the Month of October, 2009 and District Stats for
Months of September and October, 2009. (Info.Only)
SUMMARY: Monthly report, providing activity and data on Crime in the CRA District:
September 2009:
· Crimes - 81
· Arrests - 22
· Calls for Services - 1606
October 2009:
· Crimes - 49
· Arrests - 8
· Calls for Service - 1744
FISCAL IMPACT: Cost budgeted in FY 2009-2010 from Project Fund 02-58500-460
CRA PLAN, PROGRAM OR PROJECT: CRA Policing Innovations
RECOMMENDATIONS: Info. Only
Boynton Beach Police Department
Year-To-Date Crime Comparison Report
2008 1 2009
CRA District
October 2009
CRIMES
Oct-09 Oct-OS + 1- Sep-09 + /- Y-T-D Y-T-D + / -
2009 200S
Criminal Homicide 1 0 1 0 1 2 2 0
Sexual Offense 0 0 0 0 0 4 2 2
Robberv 1 4 -3 7 -6 43 62 -19
Aaaravated Assault 1 9 -8 6 -5 58 66 -8
Buralarv 10 12 -2 10 0 143 112 31
Larceny 33 19 14 53 -20 344 343 1
Auto theft 3 3 0 5 -2 33 56 -23
TOTAL 49 47 2 81 -32 627 643 -16
ARRESTS
Oct-09 Oct-OS + /- Sep-09 +/- Y-T-D Y-T-D + /-
2009 200S
Criminal Homicide 2 0 2 0 2 3 1 2
Sexual Offense 0 0 0 0 0 0 1 -1
Robberv 1 0 1 2 -1 10 20 -10
Aaoravated ""'ault 0 8 -8 1 -1 20 34 -14
Buralarv 0 1 -1 5 -5 17 13 4
Larcenv 3 1 2 13 -10 68 50 18
Auto theft 2 0 2 1 1 10 8 2
TOTAL 8 10 -2 22 -14 128 127 1
Oct-09
Oct-OS
+ / -
Sep-09
+ /-
+ /-
1744
1479
265
1606
138
16170
776
11/5/2009
VIII. INFORMATION ONLY:
C. CRA Media
-Assisted the CAT Unit with the execution of a search warrant at 1115 N. Federal Highway (platinum
Showgirls) that resulted in more than 50 felony and misdemeanor charges agafust30 eD1ploy~es fOr
racketeering, trafficking in oxycodone, sale of cocaine, deriving support from proceeds ofprostilJilion and
felony public nuisance, among other crimes. The state attorney's office, traffic unit, A TB, DEA, road patrol,
and BBPD SWAT also assisted with the search. Approximately $40,000 in cash was recovered.
-Assisted the detective bureau by actively searching for suspected shooter as well as the driver in reference to
the recent homicide. The driver was located on the west side of the city. The shooter was located in the NE
sector.
Misdemeanor I 4
Felony 18--
Citations______L2.._
Warrant Arrests I 2
Charges Filed -'---JL-
Warrants Executed 3
I TOTAL ARRESTS 125 1
Cocaine L34.2gms
Methamphetamines 1-
Marijuana /1.2gms
Heroin
Schedule II 247
Schedule III 5
m Schedu~___ I
Guns I
Cash
Vehicles
t-
10/19/09
10/26/09
-KFC ref to loud music
-100 NE IOfu Ave ref to the old BookerT's P/L
- Officers met with the State Attorney's Office
-Got one search warrant signed and filed 2 arrest warrants
-Executed a search warrant at 821 NE i" Street apt 3
-arrested BIF for trafficking cocaine, possession with intent to sell wlJ 1000' ofa church and~chool
-recovered 75 bags of powder cocaine totaling 33.3gms
- Assisted road patrol with calls for service.
- Patrolled the entire CRA District in vehicles as well as conducted traffic enforcement.
- Patrolled the Federal Highway Corridor in vehicles
-Patrolled the HOB in vehicles
-4 arrested in refto drug and traffic crimes
- Extra Patrols at all city parks in the CRA District
-Boat Club park
-IC Park
-Veterans Memorial Park
-Mangrove Park
-Jaycee Park
- Extra patrols
-IOOblk ofNE 4'" Ave ref to drugs and prostitution
-KFC ref to loud music
-100 NE IOfu Ave ref to the old Booker T's PIL
-Conducted search warrant at 600 NE I" Street
-Arrested BIM for sale of cocaine, sale of schedule II narcotic, and engaging in business w/o a license
-Arrested BIM for sale of cocaine and possession of cocaine with intent to sell
-Code Enforcement assisted in ref to the COV
-Conducted a drug investigation along the S Federal highway Corridor
-Conducted 4 controlled drug buys
-Recovered crack cocaine, schedule II and schedule III pills
- Assisted road patrol with calls for service,
- Patrolled the entire CRA District in vehicles as well as conducted traffic enforcement.
- Patrolled the Federal Highway Corridor in vehicles
-Patrolled the HOB in vehicles
-Extra Patrols at all city parks in the CRA District
-Boat Club park
-IC Park
-Veterans Memorial Park
-Mangrove Park
-Jaycee Park
,,Ilxtra patrols
., -100blk ofNE 4" Ave refto drugs and prostitution
-KFC ref to loud music
-100 NE 10" Ave refto the old Booker T's PIL
+ponducted drug investigations in the HOB
.a"gan investigation in the search of illegaVunlicensed businesses within the CRA. District
+l;Jonducted surveillance at a target location the N Federal Highway corridor and $Fedlml!
10/05/09
10/12/09
eRA Police Team
MONTHLY ACTIVITY REPORT
MONTH: OCTOBER 2009_ ==- -=~1
_ Patrolled the entire CRA District in vehicles as well as conducted traffic enforcement.
_ Patrlllled the Federal Highway Corridor m vehicles
_ Extra Patrol$ at all city parksm the CRA District
-Boat Qiub park
-IC Park
-Veterims Memorial Park
,{;pnducted a doctor sbllPping b!lyhust
"Arrest~d Vol 1M for trafficldrtglsale of Oxycodone (223 Schedule II pills recovered)
-FIR 2 possible doctor shoppers
-Officers met witi) the State Attomey's Office
-preparing paperwork for 3 upcoming search warrants and arrest warrants
-Executed search warrant with CAT
-Marijuana Grow house located in the NE sector
-Conducted surveil1anc~ at a target location the N Federal Highway corridor
-Conducted numerous~ontrlllled drug h'!ys In the HOB
-made 3 buys recovering .3gms of crack cocaine, schedule II narcotics, and powder cocaine
, CExtra pa!fols
-IOQbtkofNE 4'" Ave ref to drugs and prostitution
-KFC' Tefto loud music
-100 NE 10'" Ave ref to the old Booker T's PIL
_ Assisted Toad patrol with calls for service.
_ Patrolled the entireCRA District in vehicles as well as conducted traffic enforcement.
. -Patroll~d the Federal Highway Corridor in vehicles
ji
:-Assisted D.Bureau with identifying and locating a shooting suspect
[ _ El\tl'a P"ols at all city parks in the CRA District
i ' ~~OjltClub park
c .iCPark
-Veterails Memorial Park
i:' ~ConduotAA sUTVeiijance at a target location the'N Federal Highway COltidOr and S Federal
.' '
!;f CQnl!l\!:~dn"'lieroys tontrollei\ drugb\lY$ in the ~OB . ".
: "ma~e 2 !lilYs reeovering .2gms of crack cocame, 24 scbedule II pUb. and 5 schedi\le III pIlls
; "'-';"",, '''''''''''''''''''. -". -- "..
~!iOI!litl'a~~ ' '
t" ':rtllllii'lk~NE14'" Ave ref to "
,"'__' m,',,_,' ..... _," _ ...
Boynton Beach eRA wins top state award
Forum Publishing Group
November 4, 2009
The CRA received great news recently after being notified its Urban InFiII Housing
Development Program, adopted by the agency in 2006, had earned the state's top honor
as best Florida redevelopment project for its purchase, construction and reselling of
nine homes to low- or moderate-income families. The project's key goal is to create
affordable housing and improve neighborhoods within the Bovnton Beach community.
The Bovnton Beach CRA was presented with the state's highest award for successful
redevelopment, the President's Award, at the 2009 Florida Redevelopment Association
annual conference Oct. 28-30 in Orlando. The President's Award recognizes and
highlights Florida's "best of the best" redevelopment projects as chosen by the outgoing
FRA president each year.
"There were a lot of great candidates for this year's President's Award, but Bovnton
Beach distinguished itself with its exemplary dedication to creating affordable housing
for residents in its community," said Gary Rogers, 2008-09 FRA president. "Bovnton
Beach's Urban InFill project shows true commitment to redevelopment and its CRA
deserves our highest recognition for its outstanding efforts." Founded in 1974, the FRA
is a not-for-profit organization dedicated to assisting Florida professionals and volunteers
in revitalizing their communities.
In an attempt to improve neighborhoods, the CRA began by purchasing six vacant lots
from home owners and partnering with local nonprofits to redevelop each lot. To make
the homes affordable to buyers, the CRA sold the lots to different nonprofils for $10
each, but required design standards, affordability levels and a development timeline.
The newly-built homes all include three bedrooms, two baths, impact-glass windows,
standing-seam metal roofs, granite countertops, stainless steel appliances, washer-and-
dryer units, an irrigation system, landscaping and a one-car garage. To date, nine
homes have been constructed and sold back to low- to moderate-income families. The
project not only has added new homes to the community, but it raised the value of
surrounding homes, reduced illegal dumping and increased security. "Best of all, by
reaching out to local nonprofits and developers, Boynton's Urban Infill Housing
Development Program can be mirrored by other community redevelopment agencies
throughout the state," said Rogers.
"I am proud of our team's hard work in Bovnton Beach and FRA's recognition of the
Urban Infill Housing Project," said Lisa Bright, executive director of the Bovnton Beach
CRA. "To know we were selected over the other 178 other Community Redevelopment
Agencies in Florida is quite an honor!"
Copyright@2009, South Florida Sun-Sentinel
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VIII. INFORMATION ONLY:
B. Public Comment Log Monthly Update
NONE
.... .~-'-
x. OLD BUSINESS:
A. Consideration of Termination of Lease with Boynton
Waterways
III
~~RY~Te~ eRA
Ii East Side~West Side~Seaside Renaissance
eRA BOARD MEETING OF: November 10,2009
I Consent Agenda IX I Old Business , I
New Business
Legal
Other
SUBJECT: Consideration of Termination of Lease with Boynton Waterways
SUMMARY: The eRA entered into a lease with Boynton Water Investment Associates in December of
2006 for the property located at 222 N. Federal Highway (the former Relax Inn). The lease was renewed on May
1,2008 with a termination date of April 30, 2009. However, the tenant continues to use the property and pay the
rent resulting in a month to month tenancy agreement. The monthly rent is $600.
The impact of leasing the property was that it now has become fully taxable resulting in a tax liability for the
Agency exceeding the income derived from the lease. The Direct Incentive Funding Agreement between the
Agency and Boynton Waterways was amended to recapture the taxes paid by the Agency from the tenant for the
year 2008 through the term of the lease.
Due to market conditions, the developer, Boynton Waterways, may be unable to meet the Direct Incentive criteria
that would entitle them to a refund oftax increment revenue by the Agency. In that case, the developer would
not be obligated to repay the Agency for the taxes for 2008 and 2009.
Under the Direct Incentive Funding Agreement Second Amendment, the Agency is obligated to challenge to the
assessed valuation of the property for 2009 based on the income approach. The Agency filed with the Value
Adjustment Board is awaiting a hearing date.
FISCAL IMPACT: If the Agency continues the lease agreement, the Agency will continue to be liable
for ad valorem taxes. If the Agency terminates the lease, there will be no tax liability for 2010.
CRA PLAN, PROGRAM OR PROJECT: Federal Highway Corridor Community
Redevelopment Plan
RECOMMENDATIONS/OPTIONS: Terminate the lease with an effective date prior to
December 1,2009.
~ff9tL
Assistant Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetingIFY 2009 _ 2010 Board
MeetingsI11-10-09 Meeting\Boynton Waterways Lease.doc
Palm Beach County Property Appraiser Propcrtv Search Svsterll
Page i ,d I
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Property Information
Location Address: 222 N FEDERAL HWY
~j
Municipality: BOYNTON BEACH
Parcel Contmi Numbel 08_43_45_27_02_000_0010
Calculate
i ~,NlI:lallt
Mailing Address: 915 S FEDERAL HWY
BOYNTON BEACH FL 33435 5612
I
I
._~
I '\
"~--",,,,",J,
i
,~
Subdivision, FUNK BROS ADD IN
Official Records Book: 14347
Page: 1565
Sale Date, Oct-2002
L.egal De..cription: FUNK BROS ADD LTS 1 &. 2 /LESS ST R/WS/
owner Information
Name: BOYNTON BEACH CRA LESSOR
Sales Information
Sales Date Book/Page Price Sale Type
Oct-2002 14347/1.565 $900,000 WARRANTY DEED
Apr-1990 06409/0958 $570,000 WARRANTY DEED
May-1989 06347/0182 $570,000 WARRANTY DEED
BOYNTON BEACH CRA LESSOR
I,,"',~,~
I
I
!
Ow~~u
[ Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
999 915
999 915
1 714 14
1 714 14
1 428 45
1 428 45
r Property Information 'I
Number of Units: 0
----.....!
'~
------"1
\
I
I
20Q9
2008
20Q7
Use Code: 9000 Description: LEASEHOLD INT
All values are as of January 1st each year
i
-.-J
~ Assessed and Taxable Values
Tax Year: 200);) 2008 2007
Asse....ed Value: 5999.915 51 714 14 51.428.450 l~'-
Exemption Amount: 5( 5 50
Taxable Value: 5999.91! 51.714 14 51.428.450
'--]
-~IJt!j \
,= !
,..__._J
----~-------.---.l
Taxes
34 204
29!F
28 495
o
28 495
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
20Q9
21 799
468
22 267
2008
34 204
Tax Collector Web Site
NOTE: Lower the top and bottom margins to 0.25 on File.>Page Setup menu option in the browser to print the
detail on one page.
., . ~, ,,_,,')_ Qn';t,,=nR4,4~77020000010
1 \ 14/2009
LEASE
'IRIS LEASE ("Lease") is made as of May 1,2008 the ("Effective Date"), by and between
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, an agency organized and
existing in accordance with Chapter 163 of the Florida Statutes herein called "Landlord," and
BOYNTON WATERWAYS INVESTMENT ASSOCIATES, LLC, a Florida limited liability
company, herein called "Tenant."
Article 1:
Prooertv and Term
1.\ Lease of Prooerty. Landlord is the owner of that certain parcel 01' those celtain
parcels of real Property (the "Property") more particularly described on EXHIBIT A, located along
North Federal Highway in Boynton Beach, Florida. Landlord hereby leases to Tenant and Tenant
hereby leases from Landlord, subject to and with the benefit of the terms, covenants, conditions and
provisions of this Lease, the Property, together with all appurtenant rights and easements.
1.2 Telm and Lease Telm Commencement. Landlord shall deliver possession of the
Property on the Effective Date. The term of this Lease (the "Lease Term") shall begin on the
Effective Date and end on April 30, 2009, unless sooner telminated in accordance with the
pl'Ovisions hereof. Notwithstanding the foregoing, Tenant may terminate this Lease at any time by
providing Landlord with written notice of termination at least thirty (30) days in advance of the
termination date.
Article 2:
Rent: Securitv Denosit and Advance Rental.'
2.1 Fixed Minimum Rent. Commencing on the Effective Date, Tenant agrees to pay rent
to Landlord, at the address of Landlord, or such place as Landlord may designate by written notice to
Tenant from time to time, on the first day of each calendar month included in the Lease Term in the
amount of Six Hundred and Noll 00 Dollars ($600.00) (the "Rent") with a five (5) day grace period.
A One-Hundred Dollar and Noll 00 ($100.00) late fee shall be applied and owed to Landlord after
the five-day grace period. Checks should be made out to the Boynton Beach Community
Redevelopment Agency.
2.2 Securitv Deposit. Landlord acknowledges receipt fi'om Tenant as of the date hereof of
the sum of Six Hundred and NollOO Dollars ($600.00) (the "Security Deposit") to be held as
security for the payment of Rent and all other sums payable by Tenant under this Lease and for the
faithful performance of all covenants of Tenant hereunder. Provided that Tenant is not in default
beyond any applicable grace or cure periods set forth herein, the Security Deposit, without interest,
shall be refunded to Tenant at the expiration or earlier termination of the Term, further provided that
Tenant shall have made all such payments and performed all such covenants. Upon any default by
Tenant hereunder, all or part of such Security Deposit may, at Landlord's sole option, be applied on
account of such default, and thereafter Tenant shall promptly restore the resulting deficiency in such
Security Deposit.
2.3 Advance Rental. Simultaneous with the execution of this Lease, Tenant shall pay to
Landlord the sum of Six Hundred and No/I00 Dollars ($600.00) ("Advance Rental"), which
Advance Rental shall be applied to the Rent for the first month of the Term.
Article 3:
Insurance. and Utilities
3.1 Insurance. During the Term of this Lease, Tenant at its sole cost and expense, and for
the mutual benefit of the Landlord, shall carry and maintain the following types of insurance in the
amounts specified in the name of the Tenant:
( a) Comprehensive public liability insurance, including personal property damage,
insuring Tenant and naming Landlord as an additional insured, against liability for injury to persons
01' property damage occurring in and or about the Property or arising out of the ownership,
maintenance, use or occupancy thereof. The liability covered under such insurance shall not be less
than a combined single limit of $1 ,000,000.00 for bodily injury and/or property damage.
3.2 Utilities. The term "Utilities" shall include, without limitation, water, gas, electricity,
telephone and sewer services. Tenant shall pay for all Utilities and related services rendered or
furnished to the Property during the Lease Term. Tenant shall have the right, throughout the Lease
Term, and with sufficient written notice to Landlord, to install, replace, maintain and use such
additional utility lines, conduits and facilities, so long as such activities are conducted in accordance
with all applicable City and public utility rule and regulations, and Landlord agrees to grant to utility
companies (public or private) providing said utility lines, facilities and/or service to the Property,
non-exclusive rights and easements to install, replace, relocate, repair, operate and maintain lines,
pipes, wires, conduits and other facilities (together with the right of ingress and egress and other
rights appurtenant thereto), on, under, across and within the Propelty, as may from time to time be
necessary or desirable to supply the Property with the Utilities, so long as such grant of non-
exclusive rights and easements does not prejudice Landlord in any way.
Article 4: Use. Alterations. Maintenance and Sil!nal!e
4.1 Use: Alterations. Landlord acknowledges that so long as Tenant complies with all
City of Boynton Beach land use regulations, Tenant may install a temporary sales trailer on the
Property, which Tenant may locate anywhere on the Property and which may, at Tenant's sole
discretion and expense, be improved with landscaping, parking areas, curb stops and other items
reasonably related to Tenant's use of the Property for sales purposes, so long as such improvements
comply with City of Boynton Beach land use regulations.
4.2 Tenant's Maintenance Oblill.ations. Tenant shall be solely responsible for
maintaining, at its sole cost and expense, all Utilities and improvements to the Property installed by
Tenant, and all landscaping on the Property. The provisions of this paragraph shall not apply in the
case of damage or destrUction by fire or other casualty or by eminent domain, in which event the
obligations of Tenant shall be controlled by Article 7 of this Lease.
4.3 Sill.nall.e. Tenant shall have the right to install signage on the exterior of its sales
trailer and anywhere on the Property to the full extent permitted by applicable code. No consent of
2
Landlord shall be required for any such signage and to the best of its ability, Landlord agrees to
provide all assistance reasonably requested by Tenant in connection with Tenant's applications for
any sign permits.
Article 5:
Landlord's ReDresentations and Covenants.
5.1 Landlord's Representations. Landlord, in order to induce Tenant to enter into this
Lease, hereby represents:
5.1.1 To the best of Landlord's knowledge, there are no Hazardous Substances
(defined below) on, under, above or about the Property, and the Landlord has not received any
notice, with respect to, and has no knowledge of, any facts which would constitute violations of any
environmental laws relating to the use, ownership or occupancy of the Property.
5.1.2 Landlord is duly organized and validly existing under the laws of Florida and
has full power and authority to conduct its business as presently conducted and to enter into this
Lease.
5.1.3 Landlord is the sole fee simple owner of the Property and has good and
marketable title thereto.
5.1.4 Landlord is not a party to any agreement or litigation which could adversely
affectthe ability of Landlord to perform its obligations under this Lease or which would constitute a
default on the plitt of Landlord under this Lease, or otherwise adversely affect Tenant's rights or
entitlements under this Lease.
5.1.5 To the best of Landlord's knowledge, the Property is zoned to permit the use
and operation of the Property as a sales center and that there are no easements, covenants,
conditions or restrictions of record which will impede or prohibit Tenant's exercise of its rights
hereunder. If at any time during the Lease Telm, the zoning use applicable to the Property should
be changed in such a manner as to require Tenant to cease operating its intended use of the Property,
then Tenant may terminate this Lease immediately by giving Landlord written notice thereof.
5.2 Landlord's Covenants. Landlord covenants at all times during the Lease Telm and
such further time Tenant occupies the Property or any part thereof pursuant to the terms of this
Lease:
5.2.1 to permit Tenant to lawfully, peaceably and quietly have, hold, occupy and
enjoy the Property and any appurtenant rights granted to Tenant under this Lease during the Lease
Term without hindrance or ejection by Landlord or the successors or assigns of Landlord or anyone
acting by, through or under Landlord (including without limitation any mortgagee of Landlord).
5.2.2 to hold harmless, indemnify, protect and defend Tenant, its officers, directors,
partners, employees and agents from all liability , penalty, losses, damages, costs, expenses, causes
of action, claims, and/or judgments arising by reason of any breach of any of Landlord's obligations
hereunder. However, Landlord does not waive its sovereign immunity rights and Landlord's
3
indenmification obligations shall not exceed the statutory limits provided within Section 768.28,
Florida Statutes.
Article 6: Tenant's Affirmative and Nel!ative Covenants
6.1 Affirmative Covenants. Tenant covenants at all times during the Lease Term:
6.1.1 To perform all of the obligations of Tenant set fOlth in this Lease.
6.1.2 To comply with all statutes, ordinances, rules orders, regulations and
requirements of the federal, state and city government and all their departments and bureaus
applicable to the Property.
6.1.3 To procure all necessary permits before undertaking any work on the
Property; to perform such work in a good and workmanlike manner, employing materials of good
quality; to comply with all governmental requirements; and to save Landlord harmless and
indemnified from all injury, loss, claims or damage to any person or Property occasioned by or
growing out of such work.
6.1.4 To hold harmless, indemnity and defend Landlord, its officers, employees
and agents from all liability, penalties, losses, damages, costs, expenses, causes of action, claims,
and/or judgments arising (i) by reason of any death, bodily injury, personal injury or Propelty
damage occurring on the Property during the Lease Term, except to the extent caused by Landlord,
its agents or employees; or (ii) breach of any of Ten ant's obligations hereunder.
6.1.5 At the termination of this Lease, peaceably to give up and surrender the
Property, and to remove any improvements, alterations and additions made by Tenant dwing the
Lease Term if Landlord so desires such removal.
6.1.6 To keep the Property free from any mechanic's liens arising out of work
undertaken at the Property by Tenant. If any such claim of lien is recorded against the Property,
Tenant shall bond against 01' discharge same within thirty (30) days after written notice to Tenant of
the recording of the lien.
6.2 Neg:ative Covenants. Tenant covenants at all times during the Lease Telm not to
bring any Hazardous Substance upon the Property, unless the following conditions are met: approval
in writing by the CRA; compliance with City of Boynton Beach Land Development Code Section
6.E; any such Hazardous Substance is properly contained and stored; and to be used or sold for
lawful purposes in compliance with all applicable governmental laws, ordinances, rules and
regulations. Landlord reserves the right to not approve Tenant bringing Hazardous Substances upon
the Property. Tenant shall indemnity and hold Landlord harmless from and against any claims,
damages, costs, expenses or actions which arise out of any breach of this provision, including any
attorneys' fees and costs incurred with respect to same, and such indenmity shall survive the
termination of this Lease. The term "Hazardous Substance" as used herein shall mean any
substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material,
a hazardous or toxic substance, or other similar term, by any federal, state or local environmental
4
statute, regulation or ordinance presently in effect of which may be promulgated in the near future, as
such statutes, regulations and/or ordinances may be supplemented or amended from time to time.
Article 7: Damaee and Destruction: Condemnation
7.1 Fire or Other Casualty. If during the tenn hereof, Tenant's improvements to the
Property shall be damaged or destroyed by fire or other casualty not caused by Tenant, Tenant shall
have the right in its sole discretion to terminate this Lease by giving notice thereof to the other party
not later than sixty (60) days after such damage or destruction. In the event of the tennination of this
Lease pursuant to this Section, this Lease, and the term hereof, shall cease and come to an end as of
the date of such damage or destruction. Any Rent or other charges paid in advance by Tenant relating
to a period following the date of such damage or destruction shall be promptly refunded by Landlord.
Tenant shall be responsible for removal and clean-up of any damaged property that remains after
such destruction or casualty. In the event that Tenant does not elect to terminate the Lease following
casualty, Tenant shall, at its cost, proceed to repair such damage and restore the Property to
substantially its condition at the time of such damage.
7.2 Eminent Domain. If, after the execution and before the tennination ofthis Lease any
portion of the Property is taken by eminent domain or conveyed in lieu thereof, the Lease Term shall,
at the option of Tenant, cease and terminate as of the day possession shall be taken by the acting
governmental or quasi-governmental authority. Such option to tenninate shall be exercisable by
Tenant giving written notice to Landlord within thirty (30) days after the date of taking, which notice
shall provide for a termination date not later than ninety (90) days after the date of taking and Tenant
shall pay Rent up to the termination date identified in the notice, and Landlord shall refund such Rent
and any other charges payable under this Lease as shall have been paid in advance and which cover a
period subsequent to the termination date.
Article 8: Tenant and Landlord Defaults
8.1 Tenant Defaults. If Tenant shall neglect or fail to pelform or observe any of Tenant's
covenants and if such neglect or failure shall continue after notice, in the case of Rent or other
charges payable under this Lease for more than ten (1 0) days after Tenant's receipt of written notice
of such failure, or in any other case for more than thirty (30) days after Tenant's receipt of written
notice of such failure or such longer time as may be reasonably required to cure because of the nature
of the default (provided Tenant must have undertaken procedures to cure the default within such
thirty (30) day period and thereafter diligently pursues such effort to completion); then, and in any of
said events ("Event of Default") Landlord may, inunediately or at any time thereafter, pursuant to
summary disposition or other legal proceedings, enter into and upon the Property or any part thereof,
and repossess the same, and expel Tenant and those claiming through or under Tenant, and remove
any personalty left by Tenant (or anyone claiming an interest by through or under Tenant) without
being deemed guilty of any manner of trespass, and without prejudice to any remedies which might
otherwise be used for arrears of rent or preceding breach of covenant, and Landlord shall also have
the option, at any time, of terminating this Lease upon written notice to Tenant. In the event that
Landlord terminates this Lease or repossesses the Property due to an Event of Default, Tenant shall
(i) remain liable for all rental and other obligations accruing up to the date of such repossession or
termination, and (ii) be liable to landlord foi' all reasonable costs actually incurred in connection with
5
the repossession and re-Ietting ofthe Property (including, without limitation, reasonable attomeys'
and brokerage fees, and (Hi) remain liable for the payment of all its Rent payable hereunder for the
balance of the unexpired term ofthis Lease. In addition, Landlord shall have all available remedies at
law or in equity in the event of Tenant's default.
8.2 Landlord's Default. If Landlord shall fail to perform or observe any of the
representations, covenants, provisions, or conditions contained in this Lease on its part to be
perfOlmed or observed, which default continues for a period of more than thitty (30) days after
receipt of written notice from Tenant specifying such default, Tenant may at its option (in addition to
all other rights and remedies provided Tenant at law, in equity or hereunder), terminate this Lease
upon written notice to Landlord.
Article 9: Miscellaneous Provisions
9.1 Notices from One PlUty to the Other. Any notice, request, demand, consent, approval
or other communication required or permitted under this Lease shall be in writing and shall be
deemed to have been given: (a) when delivered by reputable express mail courier service providing
confirmation of delivety (e.g. U.P .S. 01' Federal Express) to the address set forth below; or (b) on the
third (3rd) business day after being properly deposited in United States registered or certified mail,
return receipt requested, postage prepaid, and addressed as set fOlth below; or ( c) the date any
delivery in the manner described in (a) 01' (b) above is refused. Either party hereto shall have the
rightto change, at anytime, its address for notice as aforesaid upon at leastten (10) days prior written
notice thereof given to the other patty. Addresses for notice are as follows:
IF TO LANDLORD:
Boynton Beach Community Redevelopment Agency
915 S. Federal Highway
Boynton Beach, Florida 33435
WITH A COpy TO:
Goren, Cherof, Doody & Ezrol
3099 E. Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
IF TO TENANT:
Boynton Waterways Investment Associates, LLC
c/o Panther Real Estate Partners
333 S. Miami Avenue, Suite 150
Miami, Florida 33130
9.2 Brokeraee Indemnities. Landlord and Tenant hereby represent and warrant, each to
the other, that they have not disclosed this Lease or the subject matter hereof to, and have not
otherwise dealt with, any broker, finder or any other person, firm, corporation or other legal entity so
6
as to create any legal right or claim of whatsoever kind or nature for a commission or similar fee 01'
compensation with respect to the Property or this Lease. Landlord and Tenant hereby indemnifY
each other against, and agree to hold each other harmless from, any liability or claim (and all
expenses, including attorneys' fees, incurred defending any such claim or in enforcing this
indemnity) for a real estate brokerage commission or similar fee or compensation arising out of or in
any way connected with any claimed dealings with the indemnitor and relating to the Property or this
Lease. The provisions of this Section shall survive the expiration or sooner termination of this
Lease.
9.3 Lel!al Expenses. If either party hereto defaults in the performance of any ofthe teffils,
provisions, covenants and conditions of this Lease and by reason thereof, the other party employs an
attorney to enforce performance of the covenants or to perform any service based upon defaults, then
in any of said events, the prevailing party shall be entitled to reasonable attorney's fees and all
expenses and costs incurred by the prevailing party pertaining thereto and in enforcement of any
remedy, including appeal.
9.4 Miscellaneous. Should any provision of this Agreement prove to be invalid or illegal,
such invalidity or illegality shall in no way affect, impair or invalidate any other provision hereof,
and such remaining provisions shall remain in full force and effect. This Agreement is binding upon
the successors and assigns ofthe parties hereto and inures to the benefit of the permitted successors
and assigns. Time is of the essence with respect to the pelformance of every provision of this
Agreement in which time of performance is a factor. This Agreement incorporates the entire
agreement of the parties and may be amended only by a writing signed by the party to be charged.
9.5 Applicable Law and Constrnction This Lease shall be governed by and construed in
accordance with the laws of Florida. Venue for any action between the parties shall be in Palm
Beach County, Florida. There are no oral or written agreements between Landlord and Tenant
affecting this Lease. This Lease may be amended only by instruments in writing executed by
Landlord and Tenant. The titles of the several Articles and Sections contained herein are for
convenience only and shall not be considered in construing this Lease.
9.6 No Construction Al!ainst Preoarer. This Lease'has been prepared by Tenant and its
professional advisors and reviewed by Landlord and its professional advisors. Landlord, Tenant and
their separate advisors believe that this Lease is the product of their joint efforts, that it expresses
their agreement, and that it should not be interpreted in favor of either Landlord or Tenant or against
either Landlord or Tenant merely because of their efforts in its preparation.
9.7 Bindinl! Effect of Lease. The covenants, agreement and obligations herein contained,
except as herein otherwise specifically provided, shall extend to, bind and inure to the benefit of the
parties hereto and their respective heirs, personal representatives, administrators, successors and
assigns.
9.8 AssilmmentlSubletting. Tenant shall have the right at any time, without the consent
of but with written notice to Landlord, to sublease or license the Property or portions thereof, or to
assign this Lease, to any entity under conunon control with Tenant. Any other sublease or
7
assignment shall require the prior written consent of Landlord, which shall not be unreasonably
withheld, conditioned or delayed.
9.9 Effect of Unavoidable Delavs. If either party to this Lease, as the result of any (i)
strikes, lockouts or labor disputes, (ii) inability to obtain labor or materials or reasonable substitutes
therefore, (Hi) acts of God, governmental action, condemnation, civil commotion, fire or other
casualty, or (iv) other conditions similar to those enumerated in this Section beyond the reasonable
control, other than financial, of the party obligated to perform, fails punctually to perform any
obligation on its pmt to be performed under this Lease, then such failure shall be excused and not be
a breach of this Lease by the party in question, but only to the extent occasioned by such event. If
any right or option of either party to take any action under or with respect to this Lease is conditioned
upon the same being exercised within any prescribed period of time or at or before a named date,
then such prescribed period oftime and such named date shall be deemed to be extended or delayed,
as the case may be, for a period equal to the period of the delay occasioned by any event described
above.
8
IN WITNESS WHEREOF, the parties have executed this instrument the day and year first above
written.
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Nartle"Printed: LI rj/J '; -4,JA-I-
LANDLORD:
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
~~. J ~ ~iirtFj7
Date: / G l,p./
TENANT:
Witnesses:
BOYNTON W A TERW A YS
INVESTMENT ASSOCIATES, LLC,
a Florida limited liability company
( -"
"JIV'~ '.)""" 1
Name Printed: ,<jYi. I
"
)"",1
By: Panther Waterways, LLC, a Florida
limited liability company and its
Member
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NamePrin d: r~..", /-1:/'$
By:
Its:." L
Date:
r:\Cllent Documents\.Boynton Beach CRA\2419.006\Misc\Lease to Boynton Waterways fnv men! A soc..DOC
9
EXHIBIT A
PROPERTY DESCRIPTION
Parcel Control Number - 08_43_45_27_02_000_0010
Lots I & 2, except the East 25 feet thereof, and except the West 25 feet thereof, as shown upon
the Plat entitled "Agreement Plat", showing property in the NW V. ofthe NW y, of the NW II. of
Section 27, Township 45 South, Range 43 East, in the Tow of Boynton Beach, Florida, which
plat is recorded in the office of the Clerk of the Circuit Court in and for Palm Beach County,
Florida, recorded in O.R. Book 10, Page 2; less right-of-way conveyed to the State of Florida, as
more particularly described in O.R. Book 564, Page 180 of the Public Records of Palm Beach
County, Florida; said lands situate, lying and being in Palm Beach County, Florida.
WPB.PS 1\S96114v02\0521 14,010500
10
SECOND AMENDMENT TO DIRECT INCENTIVE FUNDING AGREEMENT
TillS SECOND AMENDMENT TO DIRECT INCENTIVE lUNDING AGREEMENT
(hereinafter "Second Amendment") is entered into as of this J'// -, day April, 2008 by and
between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public
agency created pursuant to Chapter 163, Part III of the Florida Statutes (hereinafter "CRA") with
a business address of 915 South Federal Highway, Boynton Beach, Florida 33435; and
BOYNTON WATERWAYS INVESTEMENT ASSOCIATES, LLC, a Florida limited liability
company (hereinafter refelTed to as the "Developer") or "Boynton Waterways". with a business
address of 155 South MiamI Avenue. Penthouse 2A, Miami, Florida 3331 O.
.RECITALS
WHE.REAS, CRA and Developer entered into that certain Direct Incentive Funding
Agreement, with an effective date of April 25, 2005, as modified by that certain First Amendment
to Direct Incentive Funding Agl'eement dated Januat)' 9th, 2007 (collectively, the "Agreement")
concerning direct incentive funding for the project known as the Promenade; and
WHE.REAS, CRA and Developer desire to modifY certain terms of the Agreement on the
terms set forth herein.
NOW THEREFORE, for and in consideration of the mutual promises. covenants and
agreements herein contained and other good and valuable consideration, the receipt of which is
hereby acknowledged, it is agreed herein between the patties as follows:
Section 1. Recitals. The foregoing recitals are h'ue and correct at the time of
the execution of this Second Amendment and are incorporated herein.
Section 2. Pledaw Project Increment Revenue. Effective May I, 2008, the
Pledged Project Increment Revenue. as defined in the Agreement, due to the Developer in the
first year of the ten (10) year tel111 as setforth in Section 6 of the Agreement shall bc reduced by
an alllount equal to the difference between the amount of rent paid by Boynton Waterways
pursuant to that cert~~~ase agreement between eRA (as "Landlord") and Boynton Waterways
(as "Tenant") dated _1. 2008 (the "Sales Trailer Lease") subtracted from the actual amount
of: (i) real estate taxes on the leased property; plus (il) the insurance premiums paid by the CRA
on the leased property from the Effective Date of the Sales Trailer Lease. that is April I, 2008
until the Sales Trailer Lease is terminated. eRA shall file a reduction in the assessed value of the
leased property and/or adjustment to the real estate tax valuation for the leased property for
calendar year 2009 and for each year thereafter until the Sales Trailer Lease is terminated, CRA
shall purchase only so much insurance as is commercially reasonable under the circnmstances,
giving due consideration to any insurance purchased by Tenant. No part of any general or
umbrella policy of CRA shall be allocated to the leased property. Insurance shall be for areas of
coverage that are commercially reasonable under the circumstances. The Landlord acknowledges
that Landlord shall not insure the improvement of the sales trailer itself, this being the
responsibility oCthe Tenant to obtain such coverage as Tenant believes is reasonable.
Section 3. Ratification of Agreement. The Agreement is hereby ratified by
CRA and Developer, and except as amended herein, sball continue in full force and effect in
accordance witb its original provisions, Tbis Amendment is part of the Agreement; provided
however that in the event tbat tbere are any inconsistencies between the terms and provisions of
this Amendment and the remaining pmiions of the Agreement, the terms and provisions of this
Amendment shall govern. control and prevail,
Section 4. Entire Al!reement. The Agreement as amended by Ihis Second
Amendment embodies the complete agreement between the pa.iies with respect to the subject
matter hereof. Tbis Second Amendment lllay uot be amended, supplemented or modified in
whole in part except by an instrument in writing signed by the pmties.
Section 5. No Default. CRA acknowledges and agrees that there are no defaults
01' breaches of the Agreement on the part of Developcr and that as of the date hereof. no
circumstances or state of facts exist which for any reason would give eRA the right to pursue any
claims or any other recourse or remedy against Developer provided under the Agreement either at
law or equity. As of the date hereof, CRA agrees, acknowledges and understands that Developer
has performed all of its obligations under the Agreement, including but not limited to compliance
with Section 4.1 as to application for building permits.
Section 6. Amendment Paramount. In the eveut that any conflict between
the terms of tbe Second Amendment and the terms of the Agreement exist, the terms of the
Second Amendment shall control. Except as amended and modified herein, the remaining terms
and provisions of the Agreement shall remain in full force and effect and are affirmed as
originally sct forth therein,
IN WITNESS WHEREOF, the undersigned have executed this Second Amendment as ot
the date first written above.
Witness: ',' f" . , , " .
:: -j :ta' )
Print name: ~ Y/'rl'lll'r {2..oJ,;:-f)"l L
\.
Wl~
Print name:' ' 'ff1IA':J
,
Witness: " '
Print name: I./'P'I A, &d+-
BOYNTON WATERWAYS INVESTMENT
ASSOCIATES, I.LC. a Florida limited liability
company
By:
P ANTHER BOYNTON, LLC, a
Flori~ l'mited liability company, as
majJ6gin m bel'
I
.----.-
er
\ \;,
BOYNTON BEACH COMMUNITY
l~DEVELOPMENTAGENCY
By:
1 .\/',':
j/;)-I'11.<' I (0' . ,
,J / / Cha}rpersol1
Date: J! '0/ " f
.fL-~-,.- ----. ---- -----...
STATE OF FLORIDA
M~.-W",- SS:
COUNTY OF P.4 r M In' ACH :
BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements,
personally appeared )'n11./e.1 ':3.;-//", as ~~"'ber of
BOYNTON WATERWAYS INVESTMENT ASSOCIATES, LLC, and acknowledged under
oath that helshe has executed the foregoing Agreement as the proper official of BOYNTON
W A TERW A YS INVESTMENT ASSOCIATES, LLC, for the use and pUrposes mentioned herein
and that tbe instrument is th act and deed of TERWAYS INVESTMENT
ASSOCIATES, LLC. Helske IS personally known to me or has produced
as 1 en J lcatJOn.
IN WITNESS OF THE FOREGOING, I bave set my hand and official seal at in the
State and County aforesaid on thi{.,~ day of ~ ' 2008.
~hA
Notary P lic, State of Florida at Large
My commission expires:
.' "." JEIlR YANNMILLS
"*y Nlllc . S1IlI of FIodda
. . . CUllIIo... EllIhI Apr 19. 2010
CommIIIIon . DO 542510
. . Bonded B N._ Men,
STATE OF FLORIDA
COUNTY OF PALM BEACH
SS:
BEFORE ME, an officer duly .authOri~ law to administer oaths a. nd take~ledgements,
personally appeared ~ ~ (,SC- as (' ~ of
BOYNTON BEACH CO DE ELOPMENT AGENCY, and acknowledged under
oath that he/she has executed the foregoing Agreement as the propel' official of BOYNTON
BEACH REDEVELOPMENT AGENCY, for the use and purposes mentioned herein and that the
instrument is the act and deed of BOYNTON BEACH REDEVELOPMENT AGENCY He/she
is personally known to me or has produced as
identification. ~
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the
,'"" "" em,.", 'fureo.;d o. ", Jc d" of IJ, "'1" . "OS. ~
~
NotalY Public, State of Florida at Large
My commission expires:
\~1II"~, SUSAN E. HARRIS
.'~ ~\ NOIlry Public. Stile of FlorIdl
. . MyCommlOllOnE._Od11,2011
C_IIlo. , DO 125926
, ~ 'OOllf.,lTIVOUOh_NoIlvy ,\slllt
-
x. OLD BUSINESS:
B. Adoption of Resolution Deeding eertain Portions of
222 N. Federal to the eity for Public Right-of-Way
I
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~~~~Y~Te~ eRA
. East Side-West SIde-Seaside Renaissance
eRA BOARD MEETING OF: November 10,2009
I Consent Agenda IX' Old Business I I
New Business
Legal
Other
SUBJECT: Adoption of Resolution Deeding Certain Portions of222 N. Federal to the City for Public
Right-of-Way Purpose
SUMMARY: In October 2002, the CRA purchased 222 N. Federal Highway (formerly the Relax Inn). In
2005, the Boynton Beach Blvd. extension was constructed which involved using a portion of222 N. Federal.
Under the Interlocal Agreement with the City, the CRA was to deed the portion of its property necessary for the
construction of the road to the City. The conveyance was never done.
Under the Direct Incentive Funding Agreement with Boynton Waterways (the Promenade), the Agency was
required to file a challenge of the property's valuation to the Property Appraisers Office for 2009. In researching
for this purpose, staff discovered that the Agency was paying ad valorem taxes on the Boynton Beach Blvd.
Extension due to the fact that a deed was never recorded.
FISCAL IMPACT:
CRA PLAN, PROGRAM OR PROJECT: Federal Highway Corridor Community
Redevelopment Plan
RECOMMENDATIONS/OPTIONS: Adopt the Resolution and approve the execution of the Quit
Claim Deed transferring the property identified in the Quit Claim Deed from the CRA to the City.
~
Assistant Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2009 _ 2010 Boerd
Meetings\11-10-09 MeetinglDeed Relax Inn,doc
RESOLUTION 09-_
o
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3 A RESOLUTION OF THE BOYNTON BEACH
4 COMMUNITY REDEVELOPMENT AGENCY
5 APPROVING CONVEY ANCE OF A PORTION OF
6 PROPERTY FOR USE AS BOYNTON BEACH
7 BOULEVARD EXTENSION RIGHT OF WAY PURSUANT
8 TO AN INTERLOCAL AGREEMENT WITH THE CITY
9 OF BOYNTON BEACH AND PROVIDING AN
10 EFFECTIVE DATE.
II
12 WHEREAS. in October. 2002. the Community Redevelopment Agency (CRA)
13 purchased the property once known as the Relax Inn/Boynton Lodge at the southeast
14 comer of then Northeast 2nd Avenue (now known as Boynton Beach Boulevard
15 Extension) and Federal Highway; and
16 WHEREAS, in August, 2005, the Boynton Beach CRA entered into an Interlocal
17 Agreement with the City for the extension of Boynton Beach Boulevard associated with
18 the Promenade Project that required the CRA to convey by Warranty Deed a small
19 portion of property the CRA acquired in 2002 for right of way use for the extension oj
20 Boynton Beach Boulevard; and
21 WHEREAS, through discussions between CRA staff and the Palm Beach County
22 Property Appraiser's Office the CRA staff became aware that a portion of the taxes on
23 the property at the southeast corner of Federal Highway and Boynton Beach Boulevard
24 owned by the CRA were attributable to a northern portion of the property being used for
25 the Boynton Beach Boulevard Extension; and that the CRA has been paying property
26 taxes on this right-of-way extension for the past four (41 years: and
27 WHEREAS, the transfer the property hereinafter described by deed will allow
28 CRA staff to seek removal of the property from the tax rolls; and
C:\Documents and SetlingslbrooksvilLocal SetlingslTemporary Internet FileslOLK I JlRESO deed of
BBBEx ROW.doc
WHEREAS, the Community Redevelopment Agency finds that the conveyance
2 will advance the intent, purpose, and goals of the Community Redevelopment Agency as
3 contemplated by the Community Redevelopment Act of 1969 by providing necessary
4 right of way for access to properties and projects that advance the mission of the
5 Community Redevelopment Agency.
6 NOW, THEREFORE, BE IT RESOLVED BY THE BOYNTON BEACH
7 REDEVELOPMENT AGENCY, THAT:
8
Section I.
The foregoing "'Whereas" clauses are hereby ratified and
9 confirmed as being true and correct and are hereby made a specific part of this Resolution
10 upon adoption.
II
Section 2.
The Community Redevelopment Agency:
12
I. Approves the transfer of the property described in the deed attached hereto as
13
Exhibit "'A" to the City of Boynton Beach,
14
2. Authorizes the Board Chair to execute the deed on behalf of the CRA,
15
3. Authorizes the CRA staff to record the deed in the public records of Palm Beach
16
County Florida, and
17
4. Directs the CRA staff to seek removal of the property from the Palm Beach
18
County tax rolls.
19
20
21
22
23
Section 3.
passage.
This Resolution will be effective immediately upon
PASSED this 10th day of November, 2010.
24
25
26
27
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
C:\Documents and SettingslbrooksvilLocal SettingslTemporary Internet FileslOLK II lRESO deed of
BBBEx ROW.doc
2
3
4
5
6
7
8
9
10
11 APPROVED AS TO PURPOSE:
12
13
14 By:
15 LISA BRIGHT,
16 Executive Director
17
18 APPROVED AS TO FORM:
19
20
21 By:
22 JAMES A. CHEROF
23 Board Attorney
24
25 S:\CA\CRA\RESO deed ofBBBEx ROW,doc
26
Jerry I'aylor ( 'hair
.I. Taylor
L Rodrigue"
R Weiland
W, Hay
M. Ross
C:\Documents and Settings\brooksvi\Local Settings\Temporary Internet FiIes\OLK 11 \RESO deed of
BBBEx ROW.doc
This Insmlmel1l was Prepared by:
Annabella 8arboza, Esquire
GOREN. CHEROF. OOODY 8< EZROL, P.A.
3099 East Commercial Boulevard, Suite 200
Fon Lauderdale. Florida 33308
OUlT CLAIM DEED
THIS QUIT CLAIM DEED madc on this _ day of November, 2009 between the
Boynton Beach Community Redevelopment Ageney, a Florida public body corporate
and polltie created pursuant to Sedlon 163.356 F.S, whose post office address is 915
South Fcdcral Highway, Boynton Beach, Florida 33435 (hcreinafter referred to as "Grantor")
and the C ity of Boynton Beach, a "'Iorida municipal eorporatlon whose post office
address 100 E Boynton Beach Boulevard, Boynton Beach, Florida 33425 (hereinafter referred
to as "Grantee"). "Grantor" and "Grantee" are used for singular or plural, as context requires.
WITNESSETH:
That Grantor, for and ill consideration of the sum of Ten Dollars ($10.00) in hand
paid by Grantee, receipt whereof is hereby acknowledged, has granted, bargained and quit-
claimed to said Grantee and Grantee's successors and assigns forever the tollowing described
real property situate, lying and being in PALM BI::ACH County, Florida, to wit:
SU ArfACHED EXHIBIT A
SUBJECT TO: Taxes for current year and subsequent years, restrictions, reservations,
easements and other mattcrs of record.
To Have and to Hold the same together with all arid singular the appurtenances
thereunto belonging or in anywise appertaining, and all the estate, right, title interest, lien,
equity and claim whatsoever of Grantor, either in law or equity, for the use, benefit and profit
of said Grantee forever,
[SIGNATURE PAGE FOLLOWS]
IN WlTNESS WHEREOF, Grantor hereunto sets Grantor's hand and seal the day and
year first above written.
Signed, sealed, and delivered
in the presence of:
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
By: Jerry Taylor, Chairman
Witness
(Print Name)
Witness
(Print Name)
STA"fE OF FLOJUDA
COUNTY OF PALM BEACfI
The foregoing instrument was acknowledged before me this _"_ day of November, 2009
by .lel'ry Taylor, Chairman of the Board of Directors of the Boynton 8each Community
Redevelopment Agency, on behalf of the Agency, who is personally known to mc or has
produced a Florida Driver's License as identification.
NOTARY PUBLIC
H:\2009\OOhO\Rcal ESIl\tc:\Ocx:dli\Quit-Cluirn Deed BB.doc
201'2
EXHIBIT "A"
PROPOSEO AODITlONAL RIGHT-OF-WAY FOR
NORTHEAST2NOAVENUE
aka
BOYNTON BEACH BOULEVARD EXTENSION
COMMENCING at the Northwest eomcr of Lot I, AGREEMENT PLAT, according to
the plat thereot; as recorded in Plat Book 10, Page 2 ofthe Public Records of Palm Beach
County, Florida; thence run South 89045' 09" East, along the North line of said Lot I, a
distance of37.28 feet to a point on the South right-ot~way line ofN.E. 2nd Avenue as now
laid out and in use to the POINT Of" BEGINNTNG; thence continue South 89045' 09"
East, along said South right-of-way line and along the North line of said Lot I, a distance
of 254.12 feet to a point on the West right-of-way line of N.E. 6'11 Court as now laid out
and in use; thence run South 0 I" 23' 56" East, along said West right-of-way line, a
distance of 54.89 feet to a Point of Curvature, concave to the Southwest, said curve
having a rudial bearing of South 88" 36' 04" West; thence run along the arc of said curve
to the leti a distance of 40.02 feet to the Point of Tangent, said curve having a radius of
25.00 feet. a central angle of910 42' 50", a chord bearing of North 470 15' 21" West and
a ehord distance of 35.88 feet; thence run South 86" 53' 14" West, a distance of 41.94
tcct to a point; thence run North 760 26' 58" West, a distance of 50.34 feet to a point;
thence run NOl1h 89045' 09" West, a distance of 129.70 teet to a Point of Curvature
concave to the Southeast; thence run along the arc of said curve to the left, a distance of
3 r .87 feet to a point on the East right-ot~way of State Road No.5 (FcdcmJ Highway) as
now laid out and in use; said curve having a radius of 20.00 feet, a central angle of 91 0
IT 55", a chord bearing of South 440 35' 53" West, and a chord distance of 28.60 teet;
thence run North 01" 03' 04" West along said East right-of-way line, a distance 01'29.69
feello a Point of Curvature to the Southeasl; thence run along the arc of said curve to the
right, a distanec of J 9,12 feet to the POINT OF BEGINNING; said curve having a radius
of 12.00 feel, a central angle 0(91" IT 55", a chord bearing of North 440 35' 54" East
and a chord distance of 17.16 feel.
Containing 0.1575 acres of land, more or less.
I'
R.~~OI,UTION NO. R~,(l'll
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II
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/I. USOI.UTlON OP TIll: CIT\' COMMISSION 0..
BOYm"Ol'I BE/l.CH. ....ORlD... A.PPROVlNG THE
. AGllEFMENT BETWI\I:N TIlE CITY OP
BO\'NTON BEACH AND THE BOYNTON BEACH
COM1I'UIlITV IlEDtveI.OPMEN"1 AC'.NCY
I\.&GIYlDING THE UOYN"l"ON BEACH ExTENSION
PROMENADE PROJECf: AND nlOVlDlNG AN
ltft't.CrlVE llA'Ot
Wll'tllEAS. lb.c CilY own!; land thllt ill know III the &ynlOft 'seach c:K.tcnsion
"
PfQlnen_.J1: ~~y; 8114
wllt.llltAS.lht" OWl'll pro,)CI'lY Il'1ill will btC""M: fI, pun!"11 oft},\: ~oyntOIl 8o~vh
,.
F....,IS":liOIl Alld fromo:oad~ J'1l'Qjocl Md i, 80inS to h8V( improvnnml!l permitted and
"
"
condl'\lClod on ,,,i4 prop>:tl)'; 1I1ltJ
"
Wll'tR.EAS. the OUt mUles 1(" l\Inher I'<'imb\ll'Se 1M City for itt. adJl,itiQnal COll1$ of
"
eoqu"ition ofthc: Hall preJlm)'. and
WHERF;A5. tht City Commiuion or the GilY of BG)'Non Belch. upon
~,
I1:lOlJrnmcnc.l.;lliol1 ufsluff. tlcem.'\ ilia l~ inlhc b." intelWou.vflhc rclildontl'i ;md ~ilil.tl1& of lit\:
"
eil)' or DO:O'nlOJl Duch I() ft9'PtO\lC the Interlm~al Agreement bcrwcen the Ciry of Boynton
"
().eac::h lU'Id Doyntnn Dl'llt.h Cammunlry Redevtlopmertl A~)' ~gfWdint thl;' Boynton Btaeh
"
"
C~lenaion Prom~nade Projetl
16
NOW, THEREFORE. BE n' RESOL VW BY TIlE CITY COMMISSION OF
"
nO!:; CI'fY 0..- HOVro'ON tlll:,u;H, Fl~OQJD""', THi\.'I';
"
~
Each Whcreas clau.c 6el f~rth above is true and COITfiCI and
21) incorporated herein by this: n:(cl'cm;c.
~'C"\l~~1a.1nI<t~1l1.j\""!>("M.^jV......."...J'I~'''';''''I''~''
"
~
Tbc City CQmmiQion Of lhe City of Boynton Helk;h. Floridill doe$
2 hl;fl;by IIpj'(Ovt thellntcrlocal AJ"lcmcnt ~ocn iM Chy orBo)'l'ltofl Beach IIld th(" Boynton
Beact) Communil)' Redevelopment Agency reprdinS lhc l!oyn1on 8ead1 f!.~lon~io,..
4; Promcnldi:: ProjC:CI, a Copy ot sllid ^~Ils aUlchOd hcroto N e;cflibft "A "0
~ That 'hil. R.elQlud~ "'.11 ~e clTcca,ivc immedlll:cly'DpOn PUllle.
PASSED AND ADOPTElllbi...llQ.... day of ~_I...-:: .2005.
,
,
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1<'
"
12
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I,
16
17
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70
21
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24 ATTEST:
"
16
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Vice ~-'f ~
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'or. \\
S~'~-"I~"IIlIl'llcwlllVV.MIh('1lJ,~UIIItMl/lII)'lIN
Ro5 -O'lI
A.CREEMENT FOR TllF. BOY/lTON PSActl EXTE1<S,OK ~
PROMENADE PROJECT
THIS IS AN AGREEMENT. made lnd tnwell 1,..\0 IhjS~"')' ot' t\~Is\- ,2005,
by and bctwctn 1he BOV'N'TON BE.ACH COMMUNITY REO'EveLOPM AGE}l:CY
(herein;lfuot "'CIt1\") Im~ Ill!: CITY Of" BOY"I'JTON BtACH. f101ida (hcrcinafler"CI'JY").
WHt:KEAS. 1Iw crrY OWN land thlt is known IV Ihe lilJynton Beach Elacnsion PfQrnel'll.dll
property (~o\: du(:riptio" and $\lfYt:y theft!of'anaehtd nen:1O ll~ €..hibit "A") l\erein.f\cr referred to as
Ihe "J"roperty"; And
Wtl BREAS. Ihe eRA own"i II property thilt .....iIl \teOOIflC II portion of Ihe Boyn\.Otl ~aQtl
E)(ten~ion lilt! Promttli;llj~ pnl~~ (hl:~ir\1lfl.tr ..PROJECT'), "'1:-";111;:111'11 in f:1'.hij,il "8" iUa~hc6
hereto llFld mllOc .. mlrt hcroa(,
WttEP..E^S, ln~ ClV\. is (l,01M8 10 hlv~ iI1II"I'OVt:Il'''I'Il\1 pennit1ed J,nd wnll.M;l~ uil ll.Ila
property (Improvement,; will be: desc:ribed IU1d depicted in Ihe 1'11.1"1 attached he~o all Ellhlbit "C"):
,nd
WKI;R..eAS. the City hils llCoquirlfd ltltl' HIlIl pt9(Nt1)' wnlch i, IIIr;1Jjl(Cn! 11;1 me l3oYl\lon 8.,,~h
r;l\!(:n:lion r1'OMr:^'t%! pro~)' ~-hll<h pnlp4lJ1)' c:on~buln 10 the cSLabll~hm~nt Qflt!C pfIJtnct'mdc'"
nnlUrnland pRlscrved lrea end de.'lCribcd in ~"hibh "0" attached herelo ll.ntll'l\lod~" pat1 hereon arK!
\l.'tU::RE^S, lhe eRA Yr.Iishe~ 10 fW1ILtl'r R'ill1b\l1101: \h~- eil)' fClt it~ Jod.hio,",1 C<r.IIS or
<lcquishion of StIirJ HIll propcny: end
WHE~HAS. tho PlIl'tilolll he!'l;to (k;,irc l~ Q\llIlne IhI!' ""~J1(Jn."Jtlillli~ rehtlinc 10 Ultl' f'ropc:ny;
NOW nlEREFORIi, ill e('lrl~il.h:~jiVfI (If the tnu~lll PL'omisc~ and OOVCII"'l(S eonlainell
herein. ~I'ld other aoori and valtlll.b(c: cOflsiditmIQl\. Utr.l (ec:cI9t .nd .ckq\,l.~)' of wlllch If>:
~..l<.nuwl\;dgcd, tht eRA ana ~he CI1'Y lIin:.~ a~ ful1(jw~;
\.0 Re('~I~, 'rhoc fm~g\)\l\g r!;l,;l'U\b 1m: tl'I.IC and COl'fCC\ "nli !i1'l:: h<<:n:by
incorporated into lhis ^81eenv:,."I.
~.o Reapol'ldbllltiu (If the eRA.
'l. I The: eRA _!;Res. \0 bllvc permitted and constructed the ,rllpfOvcment' MowI1 ... the
l;1(llt1iQI\ B.."k11 f.)r.~t;l'l,IQn rt'Qtt'Jet\adl! Projc..'1 llml morr ~r1ir;uli1rly dllKrlbcd in &.hibit hC"
lIttllched hlJll:lO and iru:orporlllxl herein,
't'h..: eRA will pfly Ih\'! Cil)' lor ij~ CuslS and !:XJ>Cnlie~ in the mllintenctnCl:: fJld repair of
2.2
IheprojecI
:1.~ Thill eM will Q:lnvc11J~ Watrlli'lL)' [)coe() lilt rmO:1m \.0 the City Ih.~lt)C pOrtiO!l or 1_1\(1
for the Ilroj..:\:\ as dcscrihed illl~hibil"B" anilo:hed hereto and mawtl: u pan hereIJf
Page 1
lAl....ltu',1l-O
M \1~lnlllolll ^=",""rIKI\lJBllll/lIItIW'l\VltCRA IlIll.I"0Il~IJ411''''''J 'IC.I,,~1HKI
2,4 The eRA wiSI rcjrnbum (he CIT)I In 1M fIIIIOUrI1 (If t J .477.533 for' 1M Cicy',:
lIcquisltlon erosts of(h~ Han 1'fOPert>'.
).1) Kapt,)..,.buffictot'llIi.CI'I'Y,
II The: CITY will tiJlw OWfl'Cf'5hip orlbe II'lt~vtml:1'I15 OrwC! t.omplC!lCl)' Wosl'I\ICtl;:d u
described in Elchibit "C",
3.2 The CITY .nail mainla1n .nd repair 1.11 the improvmllrdl drlClibcd jn Exhibit "C"
rOtlhlli! lire l}fo.. irl1prO'Vt'mcnr~, s.t~ C~~l1!Illl~ ."""I.ISIS to bC! Pflfd for b)' the eRA,
3,3 The: CITY will aUuw fll' Jaygc:u t'Nk to bo UK'4 ~ f'rujm mit.itllt1ol'llnetudl,.. d'Ie
gfJ~jn8 of a c:onscrvllion Clsemenl .~ Jhown in Exhibits .E~ and ~O" .ttached hcmo and m. a
PIn fK'...:::of. ",. eRA MidI par 5100.000 to UIe ell)' fot Ih, l,;OntltlVl.1ion or Medfd ",lllpllOn
elementS and use of public land, Plans ItlRhcd IS Exhibit "F:'.
M The Cl'!'Y will bt- l!Db'e for .nd .1uI1! inckmlliry arid tloW hllrmt.n the eRA, i~
IIf-"'IU. Strvanlll. .nd cnlployt'cs IlId ClmL;j.r~ fIoom nablUtk.. damugcs, 10SICf>. clam. 'aWlUitl,
injuri~,:s Dnd 1I0sl~. inc:1loIdinl, bUll1Ollimilt:'d \0, rl"S<m:.bl~ .qQt1\f:1~' "illS Ullflql ur ilPpfoIII hI te:$uh
r((lm an)' rhlrd pany clllilll ~atdjfl."r l'efl,lltifts. from Ihe usu OTconclilion Qt'the Projeci fJlDPlIl't)'.
4,0 i"mr orc..t...cr. The! leml aflhl$ COtltr.tCI Jhall beJin on the date' ofexecud~ of
lhc ccmlMt.nd end upon IhC! n,..l to OC"ur of Itw IbIl~winK '~lIId'lj(Jns:
a. the l:Omfl)cril"ll'l (Ir~c ImprovcmmtS rcrCl'COOlld ben:in; or
b. Wftep "" CliY"AlICI to be- the nwncr Orf~ Ph~r't)'; t)r
c. when the CRA I' dlHolvcd IS; lIrt endl}',
;,0 S-"c"bilit)'. If ally pr(lv!sion or this A,,-ecmChf o~ application lIKrco( to any
penon Qf ~itwliou sh.1I to any utenl. be hck! mVllid Qf u~nrom:abJc. lbe tcmaimh:r uf Ihis
ACtlll:mcnt and tll; 'ppli".tion of' such ptJ.Ivlsion, 10 pCnon. ur ,siNUloIU DUltt "*" Ih,,~ .5 10
whi..h i1 ;h~" hll'VC: bcCrt MId in"Jlljq Ill' 1oI1'1C''''~le Wll qat ~ 1IT"8Cf1d thereby, and mall
COnlinllC in IlII1 force Ind etrecl. Mnd b4\ Iml'on;iM In tltc fulll:lI~ 1C"\efI, permlUEd b)' IIIW,
6.0 ~n.Jr'1l Agn.:m.I1l, ni, ^arcemrnt <:onslilulC.- the cntjrc undcl'lll.ftd'm, or thr
plJ'lics and any previous Isrcemcn15. whc:dIU ..nU!!O or Otal. '11i! hmby suPCI'lclkd b;t' this
AtrtCM~nl. 'rhi~ AX~nlCnl (nlybe modified j" lteordwCl! willi JMf:.g:rApII 1.0 bolow,
7,0 Mlldlnlll8t1on 0' Alncmnll. Thls ^V'=C~nl fJ1It)' be modln...d '-ipon mUlual connml
of ~h'll p:tl\ic~ onl)' in writing, Ind c)I\lculc:d with the 5Ime di8llii)' hlllrcwuh.
8 0 DiuclliDC Awthnrif)', F.lch pc!1'J.01l dgni"l this Agreement on behalf or tithcr parly
individ~lJr _mtlnlll lIllll h. or MC Nil rull Jl,:IilA' pttwIf In l:!1C.c1l1.. thir ARNCITI~I on behalf of Tile
pm)' Ibr whom ht' or,he 15 $ipins.. i1IrnJ to bind IIfld obfigate looh piJrty with ~I~IIO /:Ill pruvi.sion&
otln1.llJn~inlhia.^5''''CIt111nl.
~.O eo...el"lllnJ LR.w In", V'lIlll', This A8l'etm'l:l1l "hall two go'vc:~d by the- 11W;t Qr Ih~
SIlU~ (of Floridn, wf1h V\:'nuC' 1)'1,,& In: ~Im lkach (:0,"">,, Florida.
PaQc2
LJU"JaJl~w.61.0I
M:\Jlwet....I"*'-.l,1uut lnIo:AoHIoII811~ [l,j. PIvm~IIIlII''''\IJ' "~.11(4~
10, Remedlei. Any,nd It! ICfllll;tjom. n~l'J to ~nfof<<l U1i. AWCCm.n\ will ~
~onducteelln Pllm BelKh COI,I"~I Florida. No Nm~ ~reln eOllfcmd upon an)" plrty is intended 10
be .:xclus;w of any othH r~medy, Ind CIlch and eveI)' $UI;h remedy ,lvon horCl!,ltldcf Qf IIOW or
I\\l~lh:r eJl.i:niTl8 III (",...... or In eqlli~ Dr by smlUtt" or othclWis;. No &ingle or plIm,1 txcrcbq t1y My
il~uty (If 11111)' rttol1\. pt;Iwer (If remedy hercinuder ';ltulll 'fIt~ll,Idlllllf\)' ~l'Ief or furltler exercise mC:f'Coi.
II. In,.rpretlhon. lllh ^erct:",t:nl ~llIdl mil b<<! conll'lNed mo~ "triml)' IIglif\l.!
one party ~hlll'1 lIIr.Aim;\ ttK oJhr,;r rflen;l)' bj "il111C of the (a~l lhnl it mn)' hPYIll bmm pl'l:plIred by
cbUtlsd rarone of the panRS,
I~. Etfccnn DlIte.
by the pur1j~~.
l'hi'l ^~c(rncm stlal! ~omc eITectiv(: 0" the 1.I.le lllit ,ielled.
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XI. NEW BUSINESS:
A. Consideration of Issuing an RFP for Eight Single-
Family Lots in HOB
I~RY~T8~ eRA
. East Side-West S'lde-Seas'lde Rena'lssance
eRA BOARD MEETING OF: November 10, 2009
I I Consent Agenda I I Old Business I X I
New Business
Legal
Other
SUBJECT: Consideration ofIssuing a Request For Proposal for eight single-family lots in HOB
SUMMARY: The CRA owns eight vacant single-family lots within the Heart of Boynton community (see
attached map for lot locations). The Agency could issue an RFP to develop and sell and/or rent new homes to
low-to-moderate income families. Some of the outcomes ofthis project could be:
1. Deed restrictions on the lots to prevent flipping of the property
2. Green elements that could save the buyers on energy costs
3. Enhanced design and construction to upgrade the area.
4. Safer neighborhood due to new vested residents
5. Increase to the tax base
The Heart of Boynton Community Redevelopment Plan calls for the area the lots are located in to be residential
(See attached Proposed Zoning Map from the HOB Plan).
FISCAL IMPACT: To be determined.
CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan
RECOMMENDATIONS/OPTIONS: Direct staff to prepare an RFP for the January 2010 agenda
with the desired outcomes to be included in the language of the RFP.
--;ddA~
Vivian L. Brooks
Assistant Director
T:\AGENDAS. CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2009 - 2010 Board
Meetingsl11-10-09 MeetingIRFP for 8 lots.doc
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Page 54
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XI. NEW BUSINESS:
B. Consideration of Reinstating Community Meeting
Grant Program
~'~~,
~~~~Y~T2~rCRA
. East S;de~ We" Slde~Se.,;de Ren.;".nce
eRA BOARD MEETING OF: November 10, 2008
I Consent Agenda I
Old Business , X I
New Bnsiness I I
Public Hearing
Other
SUBJECT: Consideration of Reinstating the Community Meeting Grant Program
SUMMARY: On March 25, 2008 the Board approved the Community Meeting Grant Program to
provide financial assistance to community groups and homeowners associations (HOAs) located in the
CRA District by paying the fees associated with utilizing City facilities for meetings. (A copy of the
2007/2008 program application and guidelines is attached).
Through the CRA Community Committee Meetings it has been requested that the CRA reinstate this
program so that local HOA groups could secure a facility in which to hold their monthly meetings.
To qualifY for the grant, the community group or HOA must exist as an official legal entity in the State
of Florida. The total grant amount available to each group is not to exceed $1,500 annually. This
amount includes the cost of meeting space rental, as well as additional costs to cover a security deposit,
staffing fee and a janitorial fee.
Applicants are clearly notified that any damages to a city facility cannot be reimbursed by the CRA and
will be the sole responsibility ofthe applying community group or HOA.
FISCAL IMP ACT: To be determined.
CRA PLAN, PROGRAM OR PROJECT: All CRA Plans
RECOMMENDATIONS: Staff recommends approval of reinstating the HOA Meeting Grant
~4-
Executive Director
T:IAGENDAS. CONSENT AGENDAS. MONTHLY REPORTSICompleted Agenda Item Request Fonns by MeetinglFY 2009 _ 2010 Board
Meetings\11 w1 0-09 Meeting\Community Meeting Grant Program.doc
Meeting Minutes
Community Redevelopment Agency
Boynton &each, FL
March 25, 2008
. Effectuate designations on a "piecemeal" basis, having a metes and bounds
description prepared in order for boundaries to be defined. (Ms. Bright noted, If
authorized, she would hire a consultant to prepare the metes and bounds
description. )
Motion
Vice Chair Rodriguez moved to have the City designate all commercial and Industrial
property a Brownfield, exdusive of residential, excepting Seacrest Ocean Breeze and
MLK, and, if necessary, adding other properties at a later date, Mr. Hay seconded the
motion that passed 4-1 (Commissioner Ross dissenting).
It was noted authorization for Ms. Bright to hire a consultant to prepare the legal
description couid not be provided until the City approved the matter.
B. Consideration of Noise Ordinance
(Vice ChaIr Rodriguez left the daIs at 8:24 p.m.)
Ms. Bright advtsed this item was being brought forward as a result of discussions during
the Downtown Master Planning process regarding potential barriers to creating a
vibrant downtown. One possible barrier was an outdated noise ordinance which
prohibited music after 10:00 p,m. on a Friday night, the beginning of the weekend for
most people, Staff recommended the Oty's Noise Ordinance be evaluated in order to
improve and encourage a vibrant downtown.
(VIce ChaIr Rodriguez returned to the dais at 8:26 p,m.)
Chair Taylor recommended this Item be forwarded to the City Commission for action,
Motion
Vice Chair Rodriguez moved approval to send this Item to the City Commission for
reconsideration. Ms, Ross seconded the motion that passed unanimously.
Board members suggested a City-wide ordinance be considered pertaining to the
enforcement of boom boxes.
IX. New Business:
A. ConsideratiOn of Community Meeting Grant program
9
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
March 25, 2008
Ms, Bright noted staff was asked at the last meeting to bring this Item back to define
guidelines and develop an application process for a new grant program. The program
would provide financial assistance to community groups and homeowners' associations
(HOAs) in the CRA district to pay fees for the use of City fadlltles for meetings. Staff
obtained a list of all available facilities, which also contained the fee classification and
rental amounts. This Information Is set forth in the backup material, and a copy is on
file in the City Clerk's office. The community group or HOA would be required to exist
as an offidal entity within the State. The amount available to each entity was not to
exceed $1,500 In a one-year periOd and covered the cost of rental, security deposit,
staffing and janitorial fees. Costs to remedy damages to a City fadllty would not be
reimbursed by the eRA and would be borne by the community group or HOA, The
program would only be open to organizations or HOAs within the CRA district, Staff
recommended approval of the Community Center Grant Program.
Highlights of the board's discussion included:
· Language should be Included to require the entity was In good standing with the
State of Florida, (Attorney Doody noted this was covered In the guidelines).
· Suggestions were made for the CRA to fund the monthly meetings held by the
Inlet Cove Association (INCA).
· The CRA should piggyback on the Oty of Boynton Beach's policy.
· Fees should be collected per meeting,
· Benvenuto was not on the list,
Motffm
Vice Chair ROdriguez moved approval. Mr, Hay seconded the motion that passed
unanimously.
The board recessed at 8:37 p,m, and reconvened at 8:45 p.m,
B, Presentation by EDAW of draft: Downtown Master Plan
Ellen Heath, of EDAW, advised she was acCOmpanied by Tom Lavash and Cesar
Garcia, Ms, Heath provided a project overview. The Plan would prOCeed In phases.
Phase 1, Understl1ndlng the Community, set the grOundwork for the Master Plan and
would focus on gathering background information and data as well as Identifying key
10
i ~qY~T2~CRA
. East Side-West S'lde-Seas'lde Rena'lssance
2007/2008
BOYNTON BEACH COMMUNITY REDEVELOPMENT AREA
COMMUNITY MEETING
GRANT PROGRAM GUIDELINES AND APPLICATION PROCESS
The following guidelines are intended to define the extent and scope of the program. The
purpose of the program is to provide financial assistance to community groups and
homeowners associations (HOA's) located in the CRA District to pay the fees associated
with utilizing City facilities for meetings.
The following guidelines are applicable to this program:
1. The program is available only for community groups and HOA's located within the
Community Redevelopment Area (see attached map).
2. In order to qualify, the community group or HOA must exist as an official legal entity
via one or more of the following requirements:
3. Each group may select a preferred meeting space from the attached list of public
facilities within the CRA District. Once individual groups have selected a location
they must complete the following process:
A. Registered with the State of Florida
B. Official designation such as "incorporated"
C. Non-profit status
A. Contact the preferred facility and confirm availability for meeting date and
space. Ask for a Facility Use Application Form.
B. Complete and return to the facility the Facility Use Application Form to hold
meeting space.
C. submit the following materials to the Boynton Beach CRA by the 25th of the
month prior to the CRA Board Meeting for review and approval by the CRA
a. Completed Community Meeting Grant Application
b. Proof of official legal entity status with State of Florida
c. Copy of completed Facility Use Application Form
Boynton Beach Community Redevelopment Agency
Community Meeting Grant Applicalion
Created 2/26/08
4. The maximum grant amount is $1,500 per community group or HOA annually. The
total amount is to include the cost of meeting space rental, as well as additional
costs to cover a security deposit, staffing fee and janitorial fee (see attached facility
use/rental priority and policies).
D. Applications can be submitted to:
Boynton Beach CRA
915 South Federal Highway
Boynton Beach, FL 33435
(561) 737-3256
Office Hours: Monday-Friday 8:30 AM to 5:00 PM
E. Applications must be submitted and properly time stamped to document
receipt by the CRA.
F. Upon approval, appropriate grant program documents will be prepared in the
CRA office and the applicant will be notified of approval.
G. The CRA will pay the city directly for any associated facility use rental fees.
5. Applicants must be aware that damages to any city facility cannot be reimbursed by
the CRA and will be the sole responsibility of the applying community group or HOA.
6. Applicants must be aware that this grant is not eligible for social events. Therefore,
food and drinks cannot be served during funded meetings.
7. Limited funding is available and will be provided on a first come, first approved basis.
8. APPLICATION TO THIS PROGRAM IS NO GUARANTEE OF FUNDING. FUNDING
IS AT THE SOLE DISCRETION OF THE CRA BOARD.
Boynton Beach Community Redevelopment Agency
Community Meeting Grant Application
Created2l26/o8
,.,1.,
,,~Cl,~I"-ITQ'~;,C,RA, ", ,',
A.::> t I~ ( H'
.. East Side-West Slde-Seas'lde Renalssance
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
HOMEOWNERS ASSOCIATION
GRANT PROGRAM APPLICATION
Date:
Applicant Information
Name of Community Group or HOA:
Name and Title of Group Contact:
Address of Community Group or HOA:
Address of Group Contact:
Phone Number:
E-mail:
Location of Meeting:
Date of Meeting:
Hours of Meeting:
The applicant(s) certify that all information presented in this application, and all of the
information turnished in support of the application, is given for the purpose of obtaining a grant
under the Boynton Beach Community Redevelopment Agency Homeowners Association Grant
Program, and it is true and complete to the best of the applicant(s) knowledge and belief.
Applicant(s) understand that damages to any City facility cannot be reimbursed by the CRA and
will be the sole responsibility of the applying community group or HOA
Applicant:
Applicant:
Signature
Signature
Print Name:
Print Name:
Date:
Date:
Boynton Beacn Community Redevelopment Agency
Community Meeting Grant Application
Created2/26lOB
Boynton Beach eRA
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tloymon tleaCh t;ommunlty Hedevelopment Agency
Community Meeting Grant Application
Created 2126/08
.
XI. NEW BUSINESS:
C. Consideration of Economic Development Programs
1. Rent Subsidy
IIRY~T2~ eRA
Ii East Side-West Side-Seaside Renaissance
eRA BOARD MEETING OF: November 10,2009
I Consent Agenda I I Old Business I X I
New Business
Legal
Other
SUBJECT: Consideration of Economic Development Program - Commercial Rent Subsidy
SUMMARY: Many areas of the country that experience high vacancy rates in their commercial corridors or
downtown areas have implemented a Rent Subsidy Program. The purpose of these programs is to encourage the
leasing of vacant spaces and assist businesses that are new to the area or are expanding into previously vacant
space to get established during their first year of operation.
Attached are examples of such programs from Delray Beach, New London, CT and Orleans County, NY.
These programs have various qualification criteria such as:
· The value the business brings to the area
· Number of jobs created
· Potential for long term viability of the business - Business Plan
· The landlord cannot be the applicant
· Generally a one year term
. Term oflease must exceed one year
Delray Beach has run this program since 1994 with vel)' good success and continues to operate the program.
The CRA has 4.3 miles of commercial corridor on Federal Highway alone with more commercial space on
Boynton Beach Blvd and Ocean Avenue.
FISCAL IMPACT: To be determined.
CRA PLAN, PROGRAM OR PROJECT: eRA Economic Development Plan
RECOMMENDATIONS/OPTIONS: Direct staff to draft a commercial rent subsidy program
for Board consideration.
~/)D-/
Vivian L. Brooks
Assistant Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2009 _ 2010 Board
MeetingsI11-10-09 MeetinglCommercia' Rent Subsidy.doc
ItrcRA
DURAY BEACH
PROGRAM GUIDELINES
CO."U1HTY IlEPEVEI.OPl,lUlT AGENCV
BUSINESS DEVELOPMENT
ASSISTANCE PROGRAM
PURPOSE
The Business Development Assistance Program is designed to help facilitate the establishment of
small businesses within the Downtown Development Authority District. The program allows the CRA
to provide rental subsidies that are intended to assist start-up businesses during the critical first
year of operation by reducing the cost of overhead expenses.
HISTORY
Originally established in FY 1994/95, the Business Development Assistance Program was
available only to start-up businesses in the West Atlantic Redevelopment Area. At the time, the
program was implemented in order to encourage job creation while reducing the number of
vacant commercial properties on West Atlantic Avenue. In FY 2007/2008 the program was
expanded to include the Pineapple Grove Arts District, which was also characterized by a surplus
of commercial properties after several businesses closed and properties were redeveloped to
provide additional commercial space for lease in the area.
The program was expanded again in FY 2008/2009, making the eligibility area consistent with
the current Downtown Development Authority District. The entire Central Business District is now
within the eligibility area, as is a significant portion of the Federal Highway corridor and most of
the Pineapple Grove Arts District.
PROGRAM
The Business Development Program provides rent subsidies of up to one-third of the business's
monthly rent or $500 per month (whichever is less) for twelve (12) months anytime during the first
18 months of a multi-year lease. The maximum total subsidy per business is $6,000.
Funding is budgeted on an annual basis and awarded on a first-come, first-served basis. All
applications are subject to the approval of the eRA board.
FUNDING LIMITS & ELIGIBILITY REQUIREMENTS
Applicants must meet all of the following requirements in order to be eligible to receive
assistance through the Business Development Assistance Program:
1. Business must be located within the Downtown Development Authority District. (Refer to
attached map for current district boundaries.)
2. Existing Businesses ore defined as being in operation for more than six months at the time of
application.
3. New Business venture is defined as a company in operation for less than six months.
4. In order to qualify for funding under the Business Development Program the applicant must
be one of the following:
Q. New business venture
P:\Progroms\BUSiness Development Progrom\Program Guidelines ~ 05.12.2009.doc
b. Existing business relocating to Delray beach from another city
c. Existing business opening an additional location
5. Business must be in operation for less than six months at time the application is approved.
6. Business must have an executed multi-year lease (2-year minimum) for the new location in the
eligibility area.
7. Business must employ a minimum of two (2) full-time equivalent W-2 employees whose wages
are reported to the state and federal government; a position occupied by the business owner
may count toward the required job positions.
8. Business must be properly licensed and approved by the City of Delray Beach.
9. The following businesses will be considered automatically ineligible for assistance under the
Business Development Program:
a. Existing businesses relocating from one area of Delray Beach to the eligibility area
b. Businesses with less than two full-time equivalent W-2 employees
c. Businesses that do not report employees' wages
d. Restaurants located within Clusters 4 and 6 of the downtown area
e. Beach convenience shops located in Cluster 8 of the downtown area
f. New businesses using a DBA that has been used by another business within the last 1 2
months.
1 O. Rental subsidies may be approved for one-third of the business's monthly rent, up to a
maximum of $500/month. Subsidy payments will be paid in monthly installments for a
maximum of twelve (12) consecutive months during the first 18 months of a business's
operation.
1 1. The total subsidy amount will not exceed $6,000 per business.
GRANT TERMS & CONDITIONS
o Commercial lease must define the landlord-tenant relationship and at least specify the
following:
a. A description of the space being rented;
b. Utilities included and not included;
c, Rental rate and deposits required, along with terms of lease and methodology for
rent increases;
d. Responsibility for interior and exterior repairs and/or improvements;
e. Insurance requirements;
f. Abilities to terminate; and
g. Consequences of default.
o Rental subsidies will be paid on the behalf of businesses that are open for business and
paying wages only.
o Subsidies will not be paid during renovations or construction phases during which businesses
ore not in operation.
P:\Programs\Buslness Development Program\Progrom Guidelines _ 05.12.2009.doc
2
. The responsibility for all rental payments is between the contracted parties to the lease, as
such the tenant and the landlord. As grantor, the CRA neither bears nor accepts any
responsibility for payment of rent at any time, nor penalties incurred for the late arrival of
payments by any party.
. The CRA reserves the right to approve or deny Business Development Grant Program
applications and to discontinue payments at any time if in its sole and absolute discretion it
determines that the business will not further the goals and objectives established for the
economic development of CRA District. The receipt of past payments is not a guarantee of
future subsidy payments.
PROCEDURES FOR IMPLEMENTATION
1. Application Process _ All applicants are strongly encouraged to meet with CRA staff in order
to determine eligibility before submitting an application. Funding requests will not be
considered until all required documentation is submitted to the CRA office. Application
pockets must include the following documentation:
a. Completed/executed application brochure
b. Copy of executed multi-year commercial lease
c. Landlord SSN or EIN
d. Business plan, including executive summary and three-year financial projections of
revenues and expenses
e. 3-year historical financials (for existing businesses only)
f. List of jobs to be created and filled, including brief job descriptions and weekly
schedule
2. Approval of Funding Request - Once eligibility is verified and 011 required documentation
has been submitted, CRA staff will present the funding request to the CRA Board of
Commissioners for approval. Stoff will notify the applicant and landlord of approval, if
granted.
3. Subsidy Payments _ Subsidy payments will begin at the beginning of the first full month that
the business is open for operations subsequent to CRA board approval. Payments will be
moiled directly to the landlord monthly. A maximum of twelve (12) consecutive monthly
payments may be made.
4. Site Visits _ CRA stoff will conduct 0 site visit before subsidy payments begin in order to
verify that the business is in operation. Staff may also conduct unannounced site visits
periodically in order to ensure compliance with the terms of the grant agreement.
5. Reporting _ By accepting the grant, the applicant agrees to comply with any reporting
procedures deemed necessary by CRA stoff to verify that the required job positions are
properly fulfilled and maintained. Reporting may include, but is not limited to, payroll
records, work schedules, and reporting forms.
6. Discontinuation of Payment - The receipt of post payments is not a guarantee of future
payments. The CRA retains the right to discontinue payments at any time according to its sole
and absolute discretion.
p:\Progroms\BUSiness Development Progrom\Progrom Guidelines - 05.12.2009.doc
3
ItTCRA
DElRAY BEACH
CO..UHny ..OlYlLO,....' AOINCY
APPLICATION FORM
BUSINESS DEVELOPMENT ASSISTANCE PROGRAM
Applicant Name:
Business Name:
New Business Address:
Mailing Address:
Phone:
Fax:
Email:
Federal 10#:
Dates at New location:
Monthly Rent:
landlord Name:
landlord SSN/EIN:
landlord's Mailing Address:
Was this business previously located at another site: 0 Yes 0 No
Dates:
Previous Address:
P:\Programs\Business Development Progrom\Progrom Guidelines _ 05.12.2009.doc
4
I, the undersigned, being a principal of the business applying for
assistance under the Business Development Assistance Program, certify
that the business represented herein is a new business to the Downtown
Development Authority District, and has been in business at its DDA
District loeation for less than six months.
I understand that A CRA staff person will visit my business on a
monthly basis or as otherwise deemed appropriate to verify that staffing
and operating requirements are being adhered to.
I understand that this application is not a guarantee of assistance.
Should my application be approved I understand that the CRA may at its
sole discretion discontinue subsidy payments at any time if in its sole
and absolute determination it feels such assistanee is no longer
benefiting the furtheranee of the CRA District,
I understand that if this applieation is incomplete, it will not be
proeessed,
Applicant's Signature
Date
Title
Printed Name
P:\Programs\Business Development Progrom\Progrom Guidelines - 05.12.2009.doc
5
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/-
Delray Community Redevelopment Agency - Business Development Assistance Program
Page 1 of 1
You are here: Home Grants 8uosiness Development Assistance Program
-.------.---" ----,-~.__. ~..__.-.._. --_._--- -'--"- --"--"-
Quick Links
Business Development Assistance Program
Agendas and Minutes
Downtown Master Plan
~
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or
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Plans, Studies and
Ordinances
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CRA News Archive
{;
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Local Map
Location
The Business Development Program was established to assist small businesses within the CRA District with start.up during the critical first year
of operation, The goal of the program is to provide cash subsidies to the landlord, thereby offering an Initial safety net to help insure long
term success for the business. Currently, this program is available only within the Downtown Development Authority District.
20 North Swinton Avenue
Delray Beach, Fl 33444
Phone: (561) 276.8640
Fax: (561) 276-8558
View Map
To qualify for the Business Development Program, the business must be new to the CRA district (in operation for si~ months or less) and
must fill at least two full. time equivalent positions (Including the business owner).
The Business Development Program provides rent subsidies of up to one.thlrd of the business's monthly rent or 5500 per month
(whichever is less) for 12 months during the first 18 months of a multl.year lease.
The maximum annual subsidy per business is $6,000 paid In monthly installments directiy to the landlord.
Area boundaries: The DDA District encompasses the entire Central Business District, much of the Federal Highway conridor, and a
majority of the Pineapple Grove Arts District. Download the DDA District Map to view the entire district area.
Applications for the Business Development Program are available at the Delray Beach Community Redevelopment Agency. All applications are
subject to final approval by the CRA Soard of Commissioners, Funding is budgeted on an annual basis and Is awarded on a flrst.come. first.
serve basis. Applicants should allow up to four weeks for processing and board review.
To request more information or an application, please emall Elizabeth 8utler. Marketing & Grants Coordinator, or call the CRA office at (561)
276.8640 to schedule an appointment. The Business Development Assistance application brochure may be downloaded by clicking on the link
below.
Business Development Asslstance Program Guidelines &. Application fann
[Back ]
Home Contact Us News Links Login
Copyright () 2005 -2009 Delroy Community Redevelopment Agency.
___....J
http://www.delraycra.org/index.php?option=com _ content&task=view&id=69&Itemid=98
10/20/2009
FOR OFFICE USE ONLY
Date received:
Lease effective date".
ORLEANS COUNTY
DOWNTOWN COMMERCIAL RENT SUBSIDY PROGRAM
APPLICATION FORM
The Orleans County Downtown Commercial Rent Subsidy Program, which is funded by The Orleans County Local
Development Corporation and administered by the Orleans County Chamber of Commerce, pays a portion of the rent
for a one-year period on behalf of qualifying businesses that will occupy formerly vacant space in the downtown
target areas of Albion, Holley, Lyndonville, and Medina.
Note: Application must me made either prior to a lease being signed
or within one month after the effective date of a lease
The following general program guidelines apply'
. The amount of rental assistance is computed at the annual rate of $2.00 per square foot to be paid in equal
periodic (usually monthly) amounts, with the total rent subsidy not to exceed $3,000.00.
. Payments are made on a reimbursement basis, with the assisted tenant required to submit documentation of
the payment of rent for the period for which assistance is to be provided.
. Payments will be made for no longer than one year and only if the tenant continues to operate an eligible
commercial enterprise in the leased premises.
. Applicants are required to provide a draft or executed copy of a lease for the commercial space to be occupied.
. Approved applicants will be required to enter into a written agreement with the County that sets forth the
terms and conditions of the rental assistance.
Application Processing
Rent Sobsidy Program applications will generally be processed and presented to the Program Committee for action
within thirty (30) calendar days of receipt of a complete application. Applicants will be promptly notified of the
Committee's decision in writing. Applicants should answer all parts of the application completely and should direct
questions to:
Kelly Kiebala, Executive Director. Orleans County Chamber of Commerce
102 North Main Street, Suite 1 . Aibion, NY 14411
em ail: kkiebala@orleanschamber.com
phone: (585) 589-7727
fax: (585) 589-7326
Odeans County
Page 1 of 5
Rent Subsidy Program
SECTION 1. APPLICANT INFORMATION
Applicant/Contact Name:
Home Address:
CITY
STATE
ZIP
Home Phone:
Email Address:
Cell Phone:
Mailing Address:
CITY
STATE
ZIP
Business Name:
Business Address:
CITY
STATE
ZIP
Business Phone:
Business Fax:
Nature of Business (please provide a detailed description of the business and indicate if it is new or existing):
Ownership (Shareholders I Partners)
% interest
Company Officers
Position
Orleans County
Page 20f5
Rent Subsidy Program
SECTION 2. PROPERTY TO BE LEASED BY APPLICANT
Property Address:
.--,._.~--- ..
CITY
STATE
ZIP
Landlord Name:
Landlord Address:
.. - ,____ __'__'~ ____u. ______ ----~--
---.---..-- -----~-- ----.-
tHY
STAT!'
liP
Landlord Phone:
..~--~._---- -..
!J. (FOR OFFICE USE ONLY) JJ.
Monthly Rent: $
Yearly Rent: $
Per Square Foot Rent:
Ma~. Annual Subsidy:
Monthly Rent Sub$idy:
Total 12 month Subsidy:
Square footage to be leased:
o with out utilities 0 with utiiities
Describe the property to be leased including the building, its location, the type of space to be occupied (i.e.
storefront, office, etc.), the intended commercial use of the leased space, and the reason for occupying the new
space:
.---------. --- -----
---. ~---- -----..----- ----- ------' _.- ---..-
----.-- -----------..---------...-.
-----.--------.
SECTION 3. PROJECTED EMPLOYMENT AND PROJECT COSTS
Projected Employment _ How many new employment positions do you plan to create?
Full-time:
Part-time:
Project Costs _ How much capital (leasehold improvements, furnishings. fixtures, equipment, initial inventory etc.)
do you estimate you will spend to establish this location?
$
Orleans County
Page 3 of 5
Rent Subsidy program
SECTION 4. MISCELLANEOUS
I
1. Will there be any physical improvements to the newly leased commercial space (whether done by the property
owner or as leasehold improvements) prior to occupancy by the applicant? 0 yes 0 no
If yes, provide detail:
2. Have you enclosed a copy of a draft or executed lease agreement for the new commercial space? 0 yes 0 no
If no, explain:
3. Does any owner or officer of the business leasing space have a business or familial relationship to the owner of
the property to be leased?
If yes, explain:
Is the business or any owner delinquent in the payment of any municipal taxes or fees?
Is the business or any owner delinquent in the payment of any income tax obligation?
Is the business or any owner delinquent in the payment of any loans?
Is the business or any owner currently in default on any of its loans?
Are there currently any unsatisfied judgments against the business or any owner?
Has the business or any owner ever filed for bankruptcy?
DYes 0 No
DYes 0 No
DYes 0 No
DYes 0 No
DYes 0 No
DYes 0 No
If the answer to any of the questions above is "Yes," please provide additional comments below or on additional
pages if necessary.
Orleans County
Page 4 of5
Rent Subsidy Program
SECTION S. DECLARATIONS
I
I (we) attest that to the best of my (our) knowledge and belief, the information contained in the foregoing application
is correct and true. I (we) am (are) aware that the filing of a false instrument in connection with this application may
constitute an attempt to defraud the Orieans County Local Development Corporation and may be a felony under the
laws of the State of New York. I (we) agree to abide by the provisions of all applicable local, state and federal laws
pertaining to falsification of any item contained herein or fraudulent misrepresentation of my (our) business.
I (we) acknowledge that this application is not a legally binding document for purposes of receiving any Program
assistance including funding, and that my (our) designation as a Program client does not guarantee my (our) receipt
of any Program assistance,
If Applicant is an individual, sole proprietorship,
or partnership, sign below:
If Applicant is a corporation, LL.C., or LLP,. sign below:
Signature
Name of Corporation or Company
Date
----~- ~---_.
Printed Name and Title
Authorized Signature
Date
-"--------_....- ..
Signature
Date
Printed Name and Title
Printed Name and Title
Orleans County
Page 5 of 5
Rent Subsidy program
ProgramFinder: Rent Subsidy Program - City o+'"t\ew London
Page I 00
m ~~@~~
ProgramFi1u1er.
If/f( If',
dew/d, fllc'll1
.t"i,lLI
Home r CERC.com I
Rent Subsidy Program .. City of New
London
L"T:t='!",
. ~_-=-MAIL:rHIS
. PRINT THIS
Agency: New london, City of
Program Description:
The Rent Subsidy Program is intended to provide financial assistance in the form of rent subsidies
for new businesses locating in vacant storefronts anywhere in the City of New london.
Program Benefits:
. One or two year benefit program
. First year rent subsidy can be up to $5 per square foot. Second year subsidy can be up to
$2 per square foot. (These figures are based upon an average rent of approximately $10 per
square foot)
. Monthly utility expense subsidy. In cases whereby the tenant pays for improvements to the
rental space and the cost of those improvements are applied to the rent, i.e. pre-paid rent,
the program will pay for monthly utility costs up to $300 per month for 18 months but no
longer than the pre-paid rent allocation
Designated Area and Location:
Eligible businesses must locate within currently vacant commercial storefront space in the city.
Eligible Businesses:
Businesses eligible for this program must be for-profrt businesses new to the area or zoning district.
Businesses currently located in the area or district moving from one location to another location in the
same area or district are not eligible. For example, an existing business moving across the street or
down a couple of blocks to a different space would not be eligible.
Selection Criteria:
The Program is intended to target and recruit new businesses that provide a significant and unique
enhancement to the area to which it is locating. Applicants for rental subsidies will be evaluated by the
Office of Development & Planning (OOP) staff on the following criteria:
. Degree to which the business provides an economic and added value public benefit to the
area and complements other businesses within the area
. Qualifications and track records of business owners or managers
. Potential for long-term viability
. Acceptable evaluation of business plan
. Acceptable demonstration of financial need
. Hours of operation
. Extent of customer base
. Expressiveness of storefront window display
. Investment of business owner
. Jobs created
. Availability offunds
. Sector of market served
. Square footage of retail space
All applications for subsidies will be considered on a nneeds" basis and the degree to which they meet
the selection criteria. Funding for the program is limited and may not be available at the time of
application.
Conditions:
http://Products.cerc.COmlbrinfo.nSf/AIl/6569DC4624C716E2852575FC0066FDE4?OpenD...II/4/2009
PrograrnFinder: Rent Subsidy Program
'ity of Nc\\ london
Page 7 'If 3
. Minimum 3~year executed lease with acceptable market or below market monthly lease rate
. Payments will cease if tenant discontinues the business, moves the business, purchases the
building, or fails to comply with any and all building, fire, health or zoning codes or
regulations applicable to the business.
. Landlord must be current in all municipally applied taxes, utility bills, or loans. Payments will
cease if landlord fails to be paid to date for property taxes, water and sewer bills, or city
sponsored loan programs.
. Rent charged by the landlord for the new tenant cannot be higher than the previous rent
charged unless more than one year has elapsed since the space was occupied and the
landlord can demonstrate that the new rent IS at market rent
. The landlord can not be the tenant/applicant
Selection:
The Office of Development & Planning staff wlll prepare theIr evaluation of the applicant based upon
the selection criteria and forward their recommendation to the City Manager for a final evaluation and
approval
Program Region: New London
Program Contact(s):
Ned Hammond. Economic Development Coordinator
Office of Development and Planning
111 Union Street
New London, CT 06320
phone: (860) 437 -6309
Fax: (860) 437-4467
nhammom,i@cLne\\1-lonJjQn,!;tus
http://cLnew_london,ctus/content/27155/2071Idefaultaspx
For More Programs on Financial Resources, Utilities:
Economic Development Relocation and Expansion Services - Ul
Conservation and Load Management - Yankee Gas
Conservation and Load Management Programs ~ CL&P
PRIME/Audit Program - CL&P
Telecommunications Services - AT&T l.!!~ I
other Programs Available From This Agency:
City Center Sign Improvement Program - City of New London
Facade and Building Improvement Program - City of New London
Revolving Loan Fund Program - City of New London
Revolving Loan Fund program/Commercial and Mixed Use Building Rehabilitatio
Igo\
Agency Profile
Agency: New London. City of
Mission:
Contact Information:
City of New London
Office of Development & Planning
111 Union Street
New London. CT 06320
phone: (860) 437-6309
Fax: (860) 437-4467
yyy.NoJ-,-c;i. n~w-lQndQfl.ct.Us
copyright 2009, The Connecticut Economic Resource Center, Inc., all rights reserved This material IS the property of CERC and is
_ n__:_"~ Mf"lllll/li<in9DC4624C716E2852575FC0066FOE4?OpenO.. 11/4/2009
ProgramFinder: ~ent Subsidy Program - City of New London
Page 3 on
updatecl twice annually. No permission is granted hereby to reprint or otherwise use this material. Please call 1-800-392-212210
obtain ~uch permission. This site is provided by CERe pursuanl to its Terms of Use.
http://products.cerc.com/brinfo.nsf/ All/6569DC4624C716E2852575FC0066FDE4 ?OpenD... 11/4/2009
XI. NEW BUSINESS:
C. Consideration of Economic Development Programs
2. Signage Improvement
I
I ;i,' ~k.~~'
"'. ~". .
r"2,'~"" '\ .
f '~" \
"~~<tY~T2~ eRA
~ East Side-West Side-Seaside Ren.iss.nte
eRA BOARD MEETING OF: November 11, 2009
I Consent Agenda I I Old Business I X I
New Business
Legal
Otber
SUBJECT: Consideration of Economic Development Program - Signage Improvement Program
SUMMARY: The purpose of this program would be to help businesses convert from old, non-confonning
signs to new signage that would be consistent with the CRA Design Guidelines (attached) or signs that are
damaged.
Examples of similar programs are attached for review.
FISCAL IMP ACT: To be detennined.
CRA PLAN, PROGRAM OR PROJECT: CRA Urban Design Guidelines
RECOMMENDATIONS/OPTIONS: Direct staff to draft a Signage Improvement Program for
consideration at the December meeting.
'-/Ld/ ___
Vivian L. Brooks
Assistant Director
T:\AGENDAS, CONSENT AGENDAS. MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2009 _ 2010 Board
MeetingsI11-10-09 MeetlnglSign Program.doc
- - -- .-- - -- - -
SlGNAGE
SIGNAGE CRITERIA
Intent
Signs are a necessary part of the business district. They
communicate the critical messages. Privately owned
"on premise" signs function to provide the individual
businessperson with identification and creates a business
image. In addition. signs must "index" all of the goods and
services in the business district, each sign plays a substantial
role in creating the visual charact~r of the district. As a
primary visual element of any commercial area, each sign
can enhance the image of the entire business district or
detract from it.
Keep the wording to minimum so that it may be easily
read by passing motorist and pedestrians. Use keY\Nord~
or logos to identify your business. Avoid redundant
wording and unnecessary slogans; they clutter the
sign and will often interfere with the visibilitv of VOlli
primary message.
2. Size and Position
In addition to size and placement, the physical design of
the sign itself is important Good signs clearly express a
simple message. Lettering styles should be legible and
material and colors should be selected which will relate
harmoniously to exterior building materials and colors.
To position the storefront sign, first view the exterior of
your building. Look for logical "signable areas" on thE"
exterior of facade. The best areas for signs will be thosE'
places that contain continuous flat surfaces that are void
of windows, doors or other architectural elements. Fo'
many older structures that most appropriate location
for signs will be the lintel strip above the storefront 0'
on transom panels above the display windows. r-O!
newer buildings, continuous areas of stucco or masonry
that are immediately above the top of the storefroni
-::>ffer the best possibilities. Also consider the use n'
window lettering. Attractive painted letters. decab ("
window graphics can identify as well as add characte'
to your window display. As a general rule. signs should
not exceed one square foot of sign for each linear fool
of frontage. Position individual letters on sign panek.
within these predetermined areas. This will allow thF
sign to fit the building. While evaluating the size ~nd
position of your sign, be aware that canopies ~nrl
landscaping elements may obscure the message froIT'
certain viewing areas.
The most common problems with signs are their excessive
size and inappropriate placement on buildings. Visual
disharmony will result from signs, which overpower a
small building or are poorly positioned on an otherwise
attractive building.
Refer to the Bovnton Beach i.DRs for specific sign
regulations
Design Criteria
Mes,age
Keep the message simple. Remember the prime
function of your sign is to "index" your storefront
-~------,-- ---------- ----
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SIGNAGE
SIGNAGE CRITERIA
Design Criteria (continued)
3. Color
Select colors that are compatible with the exterior
colors of your storefront and the entire building facade.
Keep your color scheme simple. If you use more than
one color in your sign, select colors from a common
family of tones. It is not necessary to use more than
two colors in your sign. Avoid combination of primary
or day glow colors.
4. lettering
Many styles of type are available, select a letter style,
which is compatible with the architectural style of
your building and the business image that you wish
to express.
5. Quality
Your Sign is your nameplate. the design, lettering
and color of your sign should be attractive as well
as legible. Accuracy and preciSion in the fabrication
and installation of your sign is essential. Remember,
your sign says a lot about you. The visual quality of
its appearance suggests something to your potential
customers about your concern for quality. A makeshift
sign does little to promote professional image.
----------.~- ------ .-.-.
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SIGNAGE
SIGNAGE TYPES
Mixed-Use Districts permitted sign types:
1. Frieze/Flat Mounted Wall Signs
2. Awning Signs
3. Awning/Facade Mounted Signs
4. Individual Letters
5. Wall Plaques
6. Logos
7. Window Signs
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SIGNAGE
SIGNAGE TYPES
Zoning Districts: R 1, R2, R3, (1-(2, (3-(4, M 1
permitted sign types:
1. Including all signs types allowed in Mixed-Use t:
Districts plus: "
2. Freestanding Signs
3. Pole Mounted Signs
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Village of Grafton
FACADE AND SIGN IMPROVEMENT
PROGRAM
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Planning and Development Department
Village of Grafton
1971 Washington Street
P.O. Box 125
Grafton, WI. 53024-0125
(~6~ti75..~G03
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PROGRAM SPECIFICS
PurDose
To provide assistance to Downtown (TID No.3) and South Commercial (TID No.4) District
business and property owners for the improvement and rehabilitation of the exteriors of
their buildings in order to contribute to and enhance the overall revitalization of the South
Commercial and Downtown Districts.
Prereauisites
. Property must be located within the Tax Incremental District (TID No.3) or (TID No.4)
(See Area Map to be eligible). All proposals must adhere to the requirements of the
Downtown or South Commercial District Redevelopment Plan and any other applica-
ble Village regulations. Contact Planning and Development Department Staff for a
copy of the Downtown or South Commercial District Design Guidelines.
. To receive grant funding, proposed improvements must be approved by the Commu-
nity Development Authority (CDA). Any work initiated or cost incurred prior to receiv-
ing CDA approval are not eligible grant expenses.
. Once the grant funding has been approved, the bUSiness/property owner must obtain
a building permit from the Inspection Department before the start of construction.
Village payment made upon completion of project. Please contact the Inspection
Department for the necessary permits at (262) 375-5305.
Proarams
Facade ImDrovement Grant Proaram
A matching grant of up to $20,000 is available for the rehabilitation of the facades of
Downtown or South Commercial District properties. Business or property owners must
provide a 50 percent match for the grant. Eligible activities include rehabilitation of fa~ade
including exterior surfaces, painting, roofs, windows, doors, awnings, and decorative fea-
tures. Non-eligible activities include interior work and landscaping, and routine mainte-
nance. (Some routine maintenance becomes eligible if tied to a more elaborate project.
Sian ImDrovement Grant Proaram
A maximum grant of up to $1,000 is available for projects to improve signage for the
Downtown or South Commercial District properties. Business owners must provide a 50
percent match. Eligible activities include removal of inappropriate signage and awnings,
design, purchase, and installation of new signage.
Downtown
District TID No.3
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REDEVElOPMENT plAN
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APPLICATION
Select District:
Downtown (TID NO.3 )
South Commercial (TID No.4)
Facade Improvement Grant Program
Sign Improvement Grant Program
Name of property owner:
Business Name:
o
o
Property Address:
Mailing Address:
Phone Number: (_)
Fax Number:(_)
Budaet Worksheet
Estimated Proiect Costs:
(Please include copies of construction bids)
Masonry work $
Paint $
Carpentry $
Electrical $
Windows $
Doors $
Awnings $
Signage $
Other $
'''''''nulu
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TOTAL ESTIMATE COST $
AMOUNT REQUESTED $
Proposed Start Date:
,
,
Proposed Completion Date: _,
Date:
Signature:
DOWNTOWN FRAMINGHAM
SIGN IMPROVEMENT PROGRAM APPLICATION
Program: A rebate in funds of up to 2/3 of approved total costs of the sign(s) with a maximum
rebate of $3,000.
Please return your completed application with all supporting documents to:
Bryan W. Taberner, AICP, Senior Planner
Department of Planning and Economic Development
Town of Framingham
150 Concord Street, Room B-2
Framingham, MA 01702
(508) 620-4852
(508) 820-9645 FAX
This application is for assistance to:
Name of Business
Business Address Phone #
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APPLICATION CHECKLIST
Please be sure to include the following required items with your application:
- Completed application form
- Photographs (color) of existing conditions (2 sets)
- Conceptual drawings of improvements with estimated eost
_Application fee of$50 (non-refundable)
- Architectural services to be rendered - $150 (if program architect is used)
Your application is not complete until all documents are received. In certain
cases, additional documentation may be required. You will be notified if it is
determined that additional documentation is needed.
Please check one and provide the necessary documents:
o Building Owner
o Tenant
Property Deed
Paid Municipal Tax Bill
Insurance Certificate
Business Lease
- Building Owner Permission Form
(with Owner's signature)
+PLEASE NOTE+-
II> Projects must conform to applicable building codes and Sign By-Law. Other conditions may
apply,
... Submission of an application does not guarantee assistanee will be offered,
... The Town of Framingham reserves the right to reject or accept all or part of any application
and to establish a priority system or waiting list for projects,
Please call 508.620,4852 if you have any questions or need assistance in completing the form.
Funded through the federal Community Development Block Grant
program administered by the Planning and Economic Development Department.
S:\ST AFFIFrancoIFY04 - Sign Application.doc
2
Instructions: Applicants must answer all items; incomplete applications will be returned. Any item
which does not apply to your project should be marked "N/A"
1. Applicant Name: -.----.. -------------
2. Full Business Name:
---------
---------
3. Project Address:
4. Business Mailing Address (if different):
_._,.._-~..~~~---
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5. Teleohone Number(s):
6. Business Owner # 1 :
Address:
('ily/Stute/Zip
Street
7. Business Owner #2:
Address:
t itv/Statc/Zip
Street
8. Expiration Date of Current Lease
9. Approximately, how much are you able to spend? $-
10. Property Owner's Name (if different from Business Owner) :
Address:
-"------------------,.
I ilv/Statel7ip
Street
11. Property Owner's Phone Number:
---~---- -'--- ---- ---
+Property Owner must sign permission form included herein prior to suhmission of Application.+-
,
S:\STAFF\Franco\FY04 - Sign Application.doc
APPLICANT CERTIFICATION
I/we certifY that all information provided in the application is accurate and that I/we will complete a sign
improvement project in accordance with plans approved by the Town of Framingham's Department of Planning
and Economic Development. Upon notification that my/our project is approved by the Facade and Sign
Improvement Program, I/we will sign a participation agreement authorizing the Town to encumber funds for
my/our project, and stipulating that I/we will abide by all program requirements. I further agree that at the
conclusion of the sign improvements to maintain but not alter the completed project for five (5) years from the
date of the covenant.
Applicant(s) Signature(s):
Date:
Date:
Sign Improvement Program
OWNER PERMISSION FORM
This application is for assistance to the bosiness:
Name
Location
Property Owner's Name:
Property Owner's Address:
Property Owner's Phone Number:
'Property Owner's Signature:
Date:
*Property Owner's Signature Herein Provides Consent For Proposed Improvements
FOR OFFICE USE ONLY
Application No:
Date Approved:
ZBA Variance needed?
Accepted by:
Fee Received on (date):
No 0 Yes 0 Hearing Date:
Date Received:
Check #
Granted? No 0 Yes
S:\STAFFIFrancoIFY04 - Sign Application.doc
4
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XI. NEW BUSINESS:
C. Consideration of Economic Development Programs
3. Tenant Improvement
11~<t~Te~ eRA
. East Side-West Side-Seaside RenaISsance
eRA BOARD MEETING OF: November 10, 2009
I Consent Agenda I
Old Business Ix I
New Business
Legal
Other
SUBJECT: Consideration of Commercial Tenant Improvement Program
SUMMARY: This item is brought back at the request ofa Board member. The CRA has 100,000 sq. ft of
new retail space in the Marina Village, Promenade and Las Ventanas projects. Most ofthis retail space remains
vacant due to the recession.
Currently, the only economic development grant program the CRA has is the Commercial Fayade Grant which
only deals with the exterior of the property. The credit crunch has adversely affected the ability of small business
owners to borrow funds for build-out of their space.
Examples of similar programs in the region are the Miami Downtown Development Authority Tenant
Improvement Grant Program and the Lake Worth CRA Commercial Tenant Improvement Grant Program (See
attached).
FISCAL IMPACT: To be determined
CRA PLAN, PROGRAM OR PROJECT: Downtown Master Plan and Federal Highway Corridor
Redevelopment Plan
RECOMMENDATIONS/OPTIONS: Direct staff to develop a program for the Boynton Beach
CRA for December agenda.
C&~
Assistant Director
T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by MeetinglFY 2009 _ 2010 Board
Meetings\11-10_09 Meeting\Commercial Tenant Improvement Grant.doc
/
Tenant Improvement Grant Program
Program Guidelines & Procedures
Program Overview
Program Description:
The Downtown Miami Tenant Improvement Grant Program reimburses qualified tenants for the improvements or
build-out after the tenant business has received its Certificate of Occupancy from the City of Miami. The
program was designed to meet a financial gap between property owner and tenant and encourage the attraction of
quality retail and restaurant businesses to the Central Business District. Downtown Miami Partnership, Inc.
administers the Tenant Improvement Grant Program with funds from the Miami Downtown Developmenr
Authority. Current funding will allow for the build-out of first or second floor commercial retail spaces at a
maximum rate of $23.00 per sq. ft. This program is a matching grant program requiring (a dol/ar for dol/ar
match from the business owner and/or property owner.
Area Need:
While the whole of Downtown Miami has benefited from the boom in residential development, concerns have
risen about the Central Business District and its ability to attract quality businesses and a thriving nightlife. New
developments in Downtown Miami include a substantial amount of modern retail space and "build-to-suit"
incentives to attract tenants. This puts the olderlhistoric properties at a disadvantage when attracting
retail/restaurant tenants. Additional disparity exists in the difference between new and old when the properties are
looked at from an income perspective, new projects are not dependant on the income from ground floor retail
while olderlhistoric properties are largely dependent on the income from ground floor tenants. Owners of these
older properties are generally not interested in long term leases or providing the tenant improvement dollars that
quality retaiVrestaurant businesses require in today's market. During the Downtown Master Plan Update process
the importance of this scenario was identified early on and the Tenant Improvement Grant Program was
conceived as a method to incentivize quality retail/restaurant tenancy along Flagler Street by leveling the playing
field.
Program Area:
The Tenant Improvement Grant Program is open to all buildings within the boundaries of the Central Business
District as per the boundary map. Applications for projects in historically significant or historically designated
buildings will be given a priority and scored higher.
Eligibili ty :
In order to secure a compelling mix of retail and restaurant tenants for the Central Business District certain
business/tenant types will need to be excluded from the program. The current mix of electronics, luggage, dollar,
and low-end apparel and bank lobbies do not encourage guests to spend time or money in the retail sector. The
program is not intended for restaurant sector sandwich shops, cafeterias, and fast food which cater largely to a
breakfast/lunch clientele and do not transition to an entertaining evening destination but qualified exemptions may
be considered by the Committee on a case by case basis. Eligible restaurants that are full service, serve alcohol
and are maintain evening operating hours will be scored higher. Eligible retail includes gourmet grocery/wine,
specialty shops, one-of-a-kind boutiques and mid to high-end apparel.
Controls & Oversight:
Throughout the Tenant Improvement Grant Application and A ward process a number of checks and balances
employed to ensure that the grant investment benefits the goal of creating a compelling business mix in the
Flagler Street Corridor. The first check is a pre-application meeting with the applicant where the program and
TIGP Page I 0[6
Tenant Improvement Grant Program
Program Guidelines & Procedures
procedures are explained. When the tenant completes the application It is reviewed by the DMP Economic
Development Committee scored and recommended (or not recommended) for funding. The application requires
the tenant to submit a Letter of Intent for the lease from the landlord and a business plan. Once a grant is awarded
a Letter of Grant A ward is sent to the tenant, before any work can begin a fully executed lease and grant program
contracts must be on file at the DMP. DMP monitors the build-oul and assists with permitting issues and
problems. The most important control remains in the reimbursement process.
Funds are dispersed after a City of Miami Certificate of Occupancy is awarded and Release of Lien letters are
obtained from any and all subcontractors involved in the project. Grantee presents closed permits, Cert. of Occ.,
and cancelled checks for eligible work and is then reimbursed up 10 " maximum $23.00 per square foot as
described in the grant award letter.
Target Area Map:
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- Down;own Miami Ince;ti~~ Program~ ;~rg~i ~~:~--l
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Tenant Improvement Grant Program
Program Guidelines & Procedures
Grant I Project Procedures
A) Application Process
Typically DMP meets with Tenant and a variety of Property Owners, assisting with site selection. Once a
location has been identified, DMP verifies that the property is an eligible address and that the tenanVbusiness
meets basic criteria for the Tenant Improvement Grant Program Assistance.
I. Review Tenant Business Model (Non-eligible Business Type List) _ DMP
2. Review Build-out activities funded by the program (Eligible Activities List) _ DMP, TNT, PROP
3. Tenant prepares Application - TNT, PROP
4. Application is reviewed by DMP & DDA Staff - DMP, DDA
5. Application is ranked by DMP Economic Development Committee for A wardlNo-A ward _ DMP
6. Letter of Grant A ward sent to Tenant, copied to Property Owner
B) Contract Process
The Tenant must provide a fully executed lease for a minimum of 5 years before going to contract. Any
restrictions or reasonable recommendations of the DMP Economic Development Committee (i.e. operating hours
for restaurants) should be recorded in the lease. Contract includes scope of work exhibit. Additional documents
such as sub-contractor lists (for release of lien) and Work Authorization Fonn are used for project monitoring.
I. Tenant provides fully executed lease to DMP - TNT
2. Tenant secures pricing and selects contractors/subcontractors _ TNT
3. DMP Prepares Contract with Scope of Work as exhibit - DMP
4. Contract is executed - DMP, TNT
5. Tenant submits contractor list and copies of estimates to DMP _ TNT
6. Work Authorization Fonn is executed - DMP, TNT, PROP
7. Pennits pulled and work begins - TNT
8. Grant Program Credits Sign posted during construction and 30 days after opening _ TNT, DMP
9. DMP monitors progress - DMP
C) Project Completion
Reimbursement to tenant is released only after the following documents are presented in a Close-out Package.
The program does not guarantee a $23.00 per sq.ft. reimbursement some projects may qualifY for a smaller
amount do to the nature of the build-out. Close-out Package includes:
. City of Miami Certificate of Occupancy - TNT
. Cancelled checks and invoices for contractors - TNT
. Release of Lien letter for each contractor TNT, DMP
. Closed Pennit Report- TNT
. Code Enforcement letter of compliance-DMP
DDA = Downtown Development Authority
TNT = Tenant
DMP = Downtown Miami Partnership
PROP= Property Owner
TIGP Page 3 of6
aJl
~
Tenant Improvement Grant Program
Program Guidelines & Procedures
E~~g~b~e / Non-E~~g~b~e Bus~ness Types:
Generally an appropriate business for the Tenant Improvement Grant Program is one of the target business types
identified in studies conducted by the Miami DDA. The intent of the I enant Improvement Program is to gain and
strengthen the market share of Downtown Miami through improved lifestyle and market price goods. It is the
desire to create an environment that boasts exceptional tenants, dominates the trade area, and is branded as a
superior urban shopping destination. Provided below is a listing of preferred retail uses. Please note that the
national tenants identified are only intended to illustrate the caliber of retail tenant sought. Local establishments
and independent operators are also highly sought to achieve a well-rounded tenant mix that caters to unmet
consumer needs.
Eligible Business Types Non-Eligible Business Types
--_.-
Apparel - Traditional Bank I Wire Transfer I Check Cashing
(e.g. The Gap, Ralph Lauren, Old Navy
----- .----
Apparel - Contemporary Dry Cleaners
(e.g. Aldo, Club Monaco, Express, etc.)
.---- .----
Apparel - Avant-Garde Cell-phone and Phone Service Retailers
(e.g. bebe, Abercrombie & Fitch, Zara, Talbo!"s)
--_._--'~-- .-..----_... ----
Book Store Convenience Markets
--~._- -----..-
Home Accessories Copy I Signage Shop
(e.g. Restoration Hardware, Williams-Sonoma)
--'-- - --------......- ----- --
Gourmet foods I Specialty grocery Cafeterias
Restaurants Electronics (More than 30% of Merchandise Mix)
(Full Service, Onen Night, Serve Alcohol) ...--- m__________
Music I Video Store Dollar Stores
-----.-. --
Gift I Cardl Stationary Shop Fragrance Shops (Retail or Wholesale)
-'-'--
Specialty Boutiques Luggage (More than 30% of Merchandise Mix)
(Apparel Oriented}
--.-----------
Entertainament I F&B Souvenirs
(e.g. Dave & Busters, Ohara's, Strike)
Fast Food, Fast Casual & Quick Service Restaurants Sporting Goods (More than 30% of Merchandise Mix)
(considered on a case-by-case basis) 1
--~----_..--
Professional Services (e.g. H & R Block, Massage Take-out Food Service
Envy, etc..)
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Tenant Improvement Grant Program
Program Guidelines & Procedures
Improvements E1iqib1e For Reimbursement:
The general rule of thumb for improvements is that the improvement should remain with the orooertv. Where
special cases arise, DDA and DMP staff will render a decision. Grant funds cannot be used for Fixtures, Non-
Fixed Equipment or Inventory. Generally acceptable improvements are:
. Electrical RepairlUpgrade
. HV AC I Mechanical Repair or Upgrades
. Plumbing
. Dry Wall
. Bar I Cash Wrap
. Feature Walls
· Flooring
. Windows I Doors
. Lighting
TlGP Page 5 0/6
~
Tenant Improvement Grant Program
Program Guidelines & Procedures
EvaJ.uation:
The application is reviewed and scored by the DMP Economic Development Committee. The committee will
consider the strength of the operation, budget, and growth plan described in the business plan. The business type
will be reviewed against existing business types in the program area to ensure a diversity of business types. The
DMP Economic Development Committee is comprised of members of the Miami DDA and Downtown Miami
Partnership.
---~.-.__. - ----.--.--- - ,---
Scorina Criteria:
1 1-5
2 1-5
3 1-5
4 1-5
5 1-5
6 1-5
7 1-5
8 1-5
9 1-5
10 1-5
tl 1-5
12 1-5
13 1-5
1-5
14
15 1-5
16 1-5
17 1-5
18 1-5
19 1-5
20 1-5
Does the Applicant have a realistic opening time-line? (Application)
Does the Applicant have an appropriate estimate for quality build-out (Application & Business Plan!
Does the Applicant's Lease demonstrate a long-term commitment? (Application & LOI)
- --
Is the applicant an eligible small or minority-owned business? (Staff Review) -- -
Is the business model an appropriate need for the program area? (Staff Review) --.--. ---
Is the business an eligible business type as per the program guidelines? (Staff Review) -~--- - ----
Is the business location on the ground floor? (Application) .---
Does the applicant's designs, renderings, or merchandise represent a quality build? (Application & I
Business Plan) I
Will the business be located in a historically designated or historicallysignificantb,:,i1d~nJ2 (.4ppliea~lOn) -l
Does the Applicant plan for evening operations? (Business Plan) .- .---.- ------------- .---- .-.~
Does the Applicant plan for weekend operations? (Business Plan) ~~ 1
Will the business create a significant number of full-time or full-time equivalent ;obs? (Bus mess Pl!"'l....-.
Will the business diversify the retail mix in the Central Business District? (St;;ffReVleW)
Does the Applicant demonstrate a reasonable understanding of the costs associated with the operation?
(Busmess Plan) ~
Does the Applicant have reasonable expectations for profit in the first years of operation? (Busmess Plan) I
Does the applicant have a plan for growing the business? (Bus mess Plan) ----~
Does the applicant have sufficient experience in operating this type of business? (4ttachment (') ---~
Does the applicant have sufficient financial capacity to open the husiness? (Attachment D) - - -~
Does the applicant operate multiple locations (ApplteatIVn) I
. __..___ --p--- - - .-- -------l
Does the applicant have a reputation as a quality operator? (Attachment E) ___ ._. _.___ __ ----- I
---
flfil' Page 6 vj'()
C1~'
LAKE WORTH COMMUNITY REDEVELOPMENT AGENCY
COMMERCIAL TENANT IMPROVEMENT GRANT PROGRAM
The Community Redevelopment Agency (CRA) Commercial Tenant Improvement Grant
Program reimburses qualified tenants for the improvements or build-out after the tenant
business has received its Certificate of Occupancy from the City of lake Worth. Preference will
be given to tenants in properties located along Dixie Highway, between A Street and the FEC
rail line along lake and lucerne Avenues, in the Downtown and within the Gateways, 6th
Avenue South and 10th Avenue North The program is designed to meet the financial gap
between the property owner and the tenant and encourage the attraction of a mix of retail and
commercial uses within the district.
The lake Worth CRA, in an effort to be pro-active in how we plan and promote redevelopment,
is now offering additional incentives for projects that incorporate green building standards.
Direct financial benefits of green building include a lesser dependence on municipal utilities and
lower energy and infrastructure costs. Indirect benefits include better inside air quality,
increased productivity of employees. On a broad scale, green building standards can create
healthier places for people to meet, live and work while protecting natural resources and
minimizing environmental impacts.
This is a competitive program that requires interested applicants to make formal application, and
be approved by the CRA Board of Commissioners prior to undertaking any construction
activities intended to be partially funded under this program.
Overview:
All work funded under this program must obtain all necessary permits and approvals, and be
professionally completed by a licensed contractor authorized to conduct business in the City of
lake Worth, Florida. Applicants are strongly encouraged to meet with City of lake Worth
Planning and Zoning Department staff to ensure that their plans meet all City codes. Funds are
provided to Grantees on a reimbursement basis. The maximum grant amount is $15,000.
Projects will be funded up to 50% of the total cost of the project up to $10,000. An additional
$5,000 is available if projects include green development standards. CRA funding is also limited
to improvements that qualify under the program as described below.
Eligible Improvements:
. HVACI Mechanical repair or upgrades
. Interior demolition
. Security system installation or improvement
. Electrical or plumbing repair or upgrade
. Dry Wall
. Feature Walls
. Flooring
. Windows and doors
. Lighting
. Historic renovation to interior
Minimum Requirements:
. Properties must be located within the CRA
. A fully executed lease
. Business must be a permitted use (per zoning)
. Applicant must provide two (2) quotes for all items of improvement.
. The granting of funds will be done by the CRA Board at a scheduled Board meeting.
. All landscape projects must receive approval from the City's horticulturist prior to
submittal.
. Project must comply with Major Thoroughfare guidelines
. Project must comply with all applicable City codes
. Commencement of improvements shall not begin until CRA and applicant have an
approved funding agreement.
. Maximum funding amount $10,000 unless the improvements incorporate Green
Development Standards (Exhibit A) Building improvements that incorporate at least 10 of
the Green Building Standards listed, may qualify to receive an additional $5,000 that will
go towards the inclusion of these standards.
Eligible and Non-eligible Business Types':
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Non-Eli ible Business T es
Cell hone and hone services
Check cashin
Convenience store
Da care centers
Dollar or discount stores
Fast food or take out restaurant
Hotelsl motels
Schools
Souvenir store
S na 0 ues/churchesl house of worshi
Pawn sho s
. Uses not listed MA Y be considered by CRA Staff after careful evaluation.
Review Criteria:
This is a competitive grant program. The CRA will use the following criteria to rank projects:
1. Does the applicant have a professionally produced business plan?
2. Does the applicant have a realistic opening time-line?
3. Does the applicant have an appropriate estimate for quality build-out?
4. Does the applicants lease demonstrate a long-term commitment (multi-year lease)?
5. Is the property owner contributing towards the build-out?
6. Are the proposed improvements of a comprehensive nature (completing more than one
category of improvement)?
7. Renovation or major rehabilitation to a historic property?
8. Is the applicant a new type of business in one of the targeted areas?
9. Does the applicant have a reasonable expectation for profit within the first few years of
business? A plan for growing the business?
10. Level of property owner match leveraged against CRA grant funds.
11. Project is located within one of the CRA targeted areas (Dixie Highway, west of Dixie on
Lake or Lucerne, or within the Gateways)
12. Feasibility of business plan
13. Number of jobs created
14. Project is an encouraged use within the CRA target area (i.e. retail in the Downtown, mixed-
use in the Gateways)
15. Consistency with the CRA Redevelopment Plan (concepts and goals and objectives)
Green Building Review Criteria:
Projects must include, at a minimum, at least ten (10) of the Green Building Standards listed in
Exhibit "A" to be eligible for the additional $5,000 incentive.
Process:
Completed applications must be submitted to the Lake Worth CRA located at 29 South J Street
Unit #1. All applicants that have submitted complete applications may be required to present
their projects to the CRA Board.
Tenant Improvement benefits are contingent upon funding availability and CRA approval and
are not to be construed as an entitlement or right of a property owner or applicant. Because of
limited funding, the Lake Worth CRA will evaluate the submissions and select those that attract
quality retail and commercial businesses to core areas of the CRA, provide needed services
and jObs to area residents.
All approved applicants will be required to enter into a grant agreement with the CRA and
complete improvements within six months. Payments will be made on a reimbursement basis.
Prior to receiving funding, applicants must submit evidence of project completion including
documented expenditures.
Properties for sale may not apply. Properties sold within one year of receiving funding must
repay the full amount; properties sold within two years of receiving funding must repay fifty
percent (50%) of the amount received. Work on the project must begin within ninety (90) days,
following the CRA/City approval process. An applicant may reapply if the deadline is missed.
EXHIBIT "A"
Green Building Review Criteria
Each listed item is worth one point. A total of ten points is needed to qualify for additional grant funds.
Lighting
. project provides natural day lighting to a minimum of 50% of interior space
. energy efficient indoor lighting
. occupancy light sensors
Building Reuse
. building renovation shall maintain at least 75% of existing shell (not including
windows and doors)
Recycled or Low-Emitting Materials
. incorporate materials consisting of at least 50% recycled materials
carpeting
floors
drywall
other
. provide an easily accessible area that is dedicated to the collection and storage of
non-hazardous materials for recycling
. low VaG materials used - sealants, adhesives, caulking, paint and coatings
Energy
.
.
.
.
.
.
.
.
Water
cross ventilation
solar film on windows
use of fans in all main areas of the premises
use of natural gas
use of interior finishes that require minimal periodic cleaning
use of eco-friendly insulation
energy efficient AlG unit
light-colored interior walls, carpets and floors
. dual flush, low flow toilets
. installation of high-efficiency fixtures
. insulated water heater
Project Expertise
. builder! designerl architect/landscape architect is a member of FGBC or
LEED certified
Other Improvements may be considered after review by Staff
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LAKE WORTH COMMUNITY REDEVELOPMENT AGENCY
COMMERCIAL TENANT IMPROVEMENT GRANT PROGRAM
I. Applicant Information
Applicant Name:
Business Name:
Business Address:
Mailing Address:
Telephone:
E-Mail:
Property Owner:
Mailing Address:
Telephone:
Are the requested improvements the result of code violations?:
1/. Type of Business
IU.ProjectDescripUon
In the space provide below provide a brief description of the proposed project
Attach as Exhibit A photos of the existing building and property conditions. Attach
as Exhibit 8, photos, sketches and/or plans for the proposed improvements.
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IV. Project Budget
Include all expenses related to your project (whether they are eligible or ineligible
expenses) and calculate the total eligible expenses and requested eRA match
Attach fee proposals for activities and services as Exhibit C.
ActiVItY
professional Design Services (ineligible expense)
Improvements and/or expenses
--- .-------
Total Expenses
Total Eligible Expenses
CRA Grant Request amount (50%)
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V. Justification Statement
In the space provided below (attach another sheet of paper if necessary) provide a
justification statement as to why this application should be funded addressing each
of the fifteen (15) review criteria included in the Eligibility and Requirements.
VI. Application Checklist and Required Documentation.
Check REQUIRED DOCUMENTATION OF THE APPLICANT
APPLICATION MQU111A111111tTS
Attach two 8 X 10 color photographs of the existing building
fa ade/interior and label Exhibit A.
Attach photos, plans or sketches of the proposed improvements and
label Exhibit B.
Attach quotes, fee proposal and any other back up that supports the
ro osed bud et and label Exhibit C.
Attach a zoning letter indicating that business is a permitted use and
label Exhibit D. This can be obtained from the City of Lake Worth
Communit Develo ment De artment at 561-586-1687. i
---l
Attach a copy of the fully executed lease and label Exhibit E. !
Attach proof of ownership by the applicant or authorization of the property I
owner to conduct work and label Exhibit F. Examples of proof of '
ownershi include ajeed or oth~egaUrls!t~ment:__ ...
VII. Applicant Affidavit
I affinn by my signature shown below that I have reviewed, understand and will
comply with all of the requirements of the Lake Worth CRA Commercial Tenant
Improvement program. In addition, I affinn that I have provided a fully complete
application with all of the required exhibits, and that failure to provide the
information required is grounds from rejection of my application is approved, I will
enter into a Commercial Tenant Grant Agreement with the CRA, and will comply
with all of the requirement s contained therein.
APPLICANT:
ATTEST:
Witness
Signature
Print Name
XI. NEW BUSINESS:
D. Launching of eRA Downtown Google Map
I~RY~Te~ eRA
. East Side"'West Side"'Seaside Renaissance
eRA BOARD MEETING OF: November 10, 2009
I Consent Agenda I
Old Business I I
New Business
Public Hearing I X
Other
SUBJECT: Launch of the CRA's Small Business Google Map: "Where the locals go!"
SUMMARY: In May, 2009, OWllers of the 500 registered small businesses located within the
boundaries of the Boynton Beach Community Redevelopment Agency's (CRA) 1,650 acre district,
received letters from the Agency with an invitation for the merchants to participate in the CRA' s small
business Google Map Program titled, "Where the locals go! "
The goal of the CRA's new marketing program and integral component of Boynton Beach's DOWlltoWll
Master Plan, is to position dOWlltOWll as a desirable, year round destination, increase the number of visits
to the area, and ultimately create a positive economic impact. Bottom line: drive customers and business
to the dOWlltOWll area.
The map includes on-camera interviews of store oWllers, free of charge to all participants, videoed and
edited by CRA staff, then linked, (along with still photos, contact information and business description)
and uploaded to the "CRA Small Business Google Map," web pages.
The map will be monitored on a quarterly basis as well as linked to other partner websites such as the
City of Boynton Beach, City of Del ray Beach, Boynton Beach Chamber of Commerce, Visit Florida and
the Palm Beach County Visitors Bureau.
The following link will take you to the CRA business map, which will be presented at the November 10
CRA Board Meeting: http://www.bovntonbeachcra.comlmap/index.ohp
FISCAL IMPACT: None
CRA PLAN, PROGRAM OR PROJECT: DOWlltOWll Master Plan
RECOMMENDATI!!JJNone
~~~~ ~
Margee Wal /
Marketing and Communications Director
T:\AGENDAS. CONSENT AGENDAS. MONTHLY REPORTSICompleted Agende Item Request Forms by MeetinglFY 2009 _ 2010 Board
Meetingsl11-10-09 MeetinglCRA Business Google Map.doc
.
IIR~e~ICRA
. East Side-West Side-Seaside Renaissance
Auto
Architectural I Engineering
Art and culture
Body I Health I Fltne.s
Children's activities
Computers
Dry cleaners
Florists
Food I Dining I Entertainment
Gifts and retail shop
Government
Home improvement
Medical and Dental services
Jewelers
Lawn I Garden
Legal
Lodging
Marketing and advertising
Moving I Stor.ge
Parks
Pawn shops
Pets
Photography and video
Real estate
Shipping
Sports and recr.atlon
Transportation
OCEAN AVENUE
NORTH FEDERAL HIGHWAY
SOUTH FEDERAL HIGHWAY
WEST BOYNTON BEACH BLVD
EAST BOYNTON BEACH BLVD
DOWNTOWN IUSINESSES I
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BOYNTONBEACHCRA, 915 South Federal Highway . Boynton Beach. Florida 33435 . Phone: 561-737-3256' Fax 561-737.3258
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XI. NEW BUSINESS:
E. Consideration of Purchasing Hollis Property Located
at 111 NW 6th Ave in the Amount of $90,000
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~~~<!Y~T8~ eRA
ill East Side-West Side-Seaside Renaissance
eRA BOARD MEETING OF: November 10,2009
I Consent Agenda I I Old Business
New Business
Legal
Other
SUBJECT: Consideration of the Purchase Agreement for property located at III NW 6th Avenue from
Latoya Hollis, Nikki Hollis, Kristal Hollis and Della Dames
SUMMARY:
For the past two years, CRA staff has been engaged in discussions with the owners of III NW 6th
Avenue for the possible acquisition of the property to be used in conjunction with the future
redevelopment of the Ocean Breeze (west) site. The identified parcel consists of a 1,330 square foot
single family residential structure situated on a .40 acre parcel. The CRA had the property appraised
on June 29, 2009, and a fair market value of $90,000.00 was established by Anderson & Carr,
Appraisers, Inc. The owners of the property have agreed to a contract price of $90,000.00.
Because the property is adjacent to the CRA owned 4.25+/- acre parcel located at 801 N. Seaerest
Boulevard, (see attached map) the acquisition of the property provides a development project with a
more desirable site configuration for construction and marketability. It has long been considered a
priority acquisition when formulating possible housing developments and potential site plans with
interested developers of the western Ocean Breeze parcel.
FISCAL IMPACT: $90,000.00 HOB Project, Account 02-58200-406.
CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan
RECOMMENDATIONS:
Approval of the Purchase Agreement for the acquisition of the property located at III NW 6th A venue in
the amount of $90,000.00 from Latoya Hollis, Nikki Hollis, Kristal Hollis and Della Dames
.... 5'
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Michael Simon, Development Director
T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by MeetingIFY
2009 - 2010 Board Meetings\II-10-09 Meeting\Hoillis Purchase Agreement.doc
1 PURCHASE AGREEMENT
Page 1 of!4
PURCHASE AGREEMENT
Tbis Purchase Agreement (hereinafter "Agreement") is made and entered into as of the
Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of
the Florida Statutes (hereinafter "CRA") and Latoya Trinese Hollis, a single woman, Nikki
Shafra Hollis, a single woman, Kristal Lanay Hollis, a single woman and Della Dames, a
married woman (hereinafter "SELLER").
In consideration of the mutual covenants and agreements herein set forth, the parties hereto agree
as follows:
1. PURCHASE AND SALEIPROPERTY. SELLER agrees to sell and convey to
CRA and CRA agrees to purchase and acquire from SELLER, on the terms and conditions
hereinafter set forth, the Properties located in Palm Beach County, Florida (the "Properties") and
more particularly described as follows:
Address:
th
111 N.W. 6 Avenue, Boynton Beach, FL 33435
Legal Description:
Boynton Hills Lt 100 and S V2 of Abandoned NW
7th Ct Lyg N of and Adj thereto (less 20ft return
curve area RD RlW) and Lt 101 Elk C
Parcel Number:
08_43_45_21_07_003_1000
2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the
Property shall be NINETY THOUSAND ($90,000.00) Dollars, payable in cash, by wire transfer
of United States Dollars at the Closing.
3. DEPOSIT.
3.1 Earnest Monev Deposit. Within five (5) Business Days after the Effective
Date, purchaser shall deliver to Goren, Cherof, Doody & Ezrol, P.A.("Escrow Agent") a deposit
in the amount of One Thousand Dollars ($1,000.00) Dollars (the "Deposit").
3.2 Application/Disbursement of Deposit. The Deposit shall be applied and
disbursed as follows:
The Deposit shall be delivered to SELLER at Closing and the eRA shall receive credit for such
amount against the purchase Price. If this Agreement is terminated during the Feasibility Period
(hereinafter defined) for any reason, the Deposit shall be immediately refunded to the CRA. If
this Agreement is terminated due to a default, pursuant to Section 12, the Deposit shall be
delivered to (or retained by, as applicable) the non-defaulting Party, and the non-defaulting Party
shall have such additional rights, if any, as are provided in Section 12.
\.
2PURCHASE AGREEMENT
Page 2 ofl4
3.3 Escrow Agent. CRA and SELLER authorize Escrow Agent to receive,
deposit and hold funds in escrow and, subject to clearance, disburse them upon proper
authorization and in accordance with Florida law and the terms of this Agreement. The parties
agree that Escrow Agent will not be liable to any person for misdelivery of escrowed items to
CRA and SELLER, unless the misdelivery is due to Escrow Agent's willful breach of this
Agreement or gross negligence. If Escrow Agent interpleads the subject matter of the escrow,
Escrow Agent will pay the filing fees and costs from the deposit and will recover reasonable
attorney's fees and costs to be paid from the escrowed funds which are charged and awarded as
court costs in favor of the prevailing party. All claims against Escrow Agent will be arbitrated,
so long as Escrow Agent consents to arbitrate.
4. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS;
EFFECTIVE DATE. If this Agreement is not executed by and delivered to all parties on or
before OCTOBER 14, 2009 the Deposit will, at CRA's option, be returned and this offer shall
be deemed withdrawn. Unless otherwise stated, the time for acceptance of any counteroffers
shall be five (5) days from the date the counteroffer is delivered. The date of this Agreement
(the "Effective Date") shall be the date when the last one of the CRA and SELLER has signed or
initialed this offer or the final counteroffer.
5. CLOSING. The purchase and sale transaction contemplated herein shall close on
or before NOVEMBER 12, 2009 (the "Closing"), unless extended by other provisions of this
Agreement or by written agreement, signed by both parties, extending the Closing.
6. TITLE TO BE CONVEYED. At Closing, SELLER shall convey to CRA, by
General Warranty Deed complying with the requirements of the Title Commitment (hereinafter
defined), valid, good, marketable and insurable title in fee simple to the Property, free and clear
of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other
conditions except only the following (collectively, the "Permitted Exceptions"): (a) general real
estate taxes and special assessments for the year of Closing and subsequent years not yet due and
payable; (b) covenants, conditions, easements, dedications, rights-of-way and matters of record
included on the Title Commitment or shown on the Survey (defined in Section 7), to which CRA
fails to object, or which CRA agrees to accept, pursuant to Section 7.1 and Section 7.2 hereof.
7. FEASIBILITY PERIOD. CRA, and CRA's agents, employees, designees,
Contractors, surveyors, engineers, architects, attorneys and other consultants (collectively,
"Agents") shall have thirty (30) days from the Effective Date of this Agreement ("Feasibility
Period"), at CRA's expense, to make inquiries of, and meet with members of Govemmental
Authorities regarding the Property and to enter upon the Property, at any time and from time to
time with reasonable notice to SELLER and so long as said investigations do not result in a
business interruption, to perform any and all physical tests, inspections, valuation appraisals and
investigations of the Property, including but not limited to Phase I and Phase II investigations,
which CRA may deem necessary. During this Feasibility Period, CRA may elect, in CRA's sole
and absolute discretion, to terminate this contract and receive back all Deposits hereunder. If
CRA elects to terminate this Agreement in accordance with this Section, CRA shall: (i) leave the
Property in substantially the condition existing on the Effective Date, subject to such disturbance
as was reasonably necessary or convenient in the testing and investigation of the Property; (ii) to
2
3PURCHASE AGREEMENT
Page 3 of 14
the extent practicable, shall repair and restore any damage caused to the Property by CRA' s
testing and investigation; and (iii) release to SELLER, at no cost, all reports and other work
generated as a result of the CRA's testing and investigation. eRA hereby agrees to indemnify
and hold SELLER harmless from and against all claims, losses, expenses, demands and
liabilities, including, but not limited to, attomey's fees, for nonpayment for services rendered to
CRA (including, without limitation, ~Uly construction liens resulting therefrom) or for damage to
persons or property (subject to the limitation on practicability provided above) arising out of
CRA's investigation of the Property. However, CRA's indemnification obligations shall not
exceed its statutory limits as provided within Section 768.28, Florida Statutes, and CRA does not
waive its sovereign immunity rights. SELLER hereby agrees to indemnify and hold CRA
hannless from and against all claims, losses, expenses, demands and liabilities, including, but not
limited to, attomey's fees, for nonpayment for services rendered to SELLER or for damage to
persons or property (subject to the limitation on practicability provided above) arising out of
CRA's investigation of the Propeliy. SELLERS' obligations Lmder this Section shall survive the
termination, expiration or Closing of this Agreement.
7.1 Title Review. Within twenty (20) days of the Effective Date, CRA shall
obtain, at the CRA's expense, from a Title Company chosen by CRA (hereinafter "Title
Company"), a Title Commitment covering the Property and proposing to insure CRA in the
amount of the Purchase Price subject only to the Pennitted Exceptions, together with complete
and legible copies of all instrwnents identified as conditions or exceptions in Schedule B of the
Title Commitment. CRA shall exan1ine the Title Commitment and deliver written notice to
SELLER no later than thirty (30) days after the Effective Date notifying SELLER of any
objections CRA has to the condition of title (hereinafter "CRA Title Objections"). If CRA fails
to deliver the CRA Title Objections to SELLER within the aforesaid review period, title shall be
deemed accepted subject to the conditions set forth in the Title Commitment. If CRA timely
delivers the CRA Title Objections, then SELLER shall have thirty (30) days to diligently and in
good faith undertake all necessary activities to cure and remove the CRA Title Objections
(hereinafter "Cure Period"). In the event that SELLER is unable to cure and remove, or cause \(l
be cured and removed, the CRA Title Objections within the Cure Period, to the satisfaction ot
CRA, then CRA, in CRA' s sole and absolute discretion, shall have the option of (i) extending the
Cure Period and the Closing for one additional thirty (30) day period, or (ii) accepting the Title
to the Property as of the time of Closing or (iii) canceling and telminating this Agreement, ill
which case, the Deposit shall be retumed to CRA and the Parties shall have no furthel
obligations or liability hereunder, except for those expressly provided herein to survive
termination of this Agreement.
Prior to the Closing, CRA shall have the right to cause the Title Company to issue
an updated Title Commitment ("Title Update") covering the Property. If any Title Update
contains any conditions which did not appear in the Title commitment, and such items render
title unmarketable, CRA shall have the right to object to such new or different conditions in
writing prior to Closing. All rights and objections of the Parties with respect to objections
arising from the Title Update shall be the same as objections to items appearing in the Title
Commitment, subject to the provisions of this Section.
:1
4PURCHASEAGREEMENT
Page 4 of 14
7.2. Survev Review. CRA, at CRA's expense, may obtain a current boundary
survey (the "Survey") of the Property, indicating the number of acres comprising the Property to
the nearest 1/100th of an acre. If the Survey discloses encroachments on the Property or that
improvements located thereon encroach on setback lines, easements, lands of others or violate
any restrictions, covenants of this Agreement, or applicable governmental regulations, the same
shall constitute a title defect and shall be governed by the provisions of Section 7.3 concerning
title objections.
8. CONDITIONS TO CLOSING. CRA shall not be obligated to close on the
purchase of the Property unless each of the following conditions (collectively, the "Conditions to
Closing") are either fulfilled or waived by CRA in writing:
8.1. Rel'resentations and Warranties. All of the representations and warranties
of SELLER contained in this Agreement shall be true and correct as of Closing.
8.2. Condition ofPropertv. The physical condition of the Propeliy shall be the
same on the date of Closing as on the Effective Date, reasonable wear and tear excepted.
8.3. Pending Proceedings. At Closing, there shall be no litigation or
administrative agency or other governmental proceeding of any kind whatsoever, pending or
threatened, which has not been disclosed, prior to closing, and accepted by CRA.
8.4. Compliance with Laws and Regulations. The Propeliy shall be in
compliance with all applicable federal, state and local laws, ordinances, rules, regulations, codes,
requirements, licenses, permits and authorizations as of the date of Closing.
8.5. Oceupanev. The property shall be conveyed to the CRA at time of
closing unoccupied. The SELLER hereby warrants that the eunent tenants are on a month-to-
month basis, were given proper notice to vacate and there are no leases on the property.
9. CLOSING DOCUMENTS. The CRA shall prepare, or cause to be prepared, the
Closing Documents set forth in this Section, except for documents prepared by the SELLER'S
Title Company. At Closing, SELLER shall execute and deliver, or cause to be executed and
delivered, to CRA the following documents and instruments:
9.1. Deed. A Warranty Deed (the "Deed") conveying to CRA valid, good,
marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances
and other conditions of title other than the Permitted Exceptions.
9.2 Seller's Affidavits. SELLER shall fumish to CRA an owner's affidavit
attesting that, to the best of its lmowledge, no individual or entity has any claim against the
Property under the applicable construction lien law; and that there are no parties in possession of
tlle Property other than SELLER. SELLER shall also furnish to CRA a non-foreign affidavit
with respect to the Property. In the event SELLER is unable to deliver its affidavits referenced
above, the same shall be deemed an uncured title objection.
4
5PURCHASE AGREEMEN']
Page 5 ofl4
9.3. Closing Statement. A closing statement setting forth the Pnrchase Price,
the Deposit, all credits, adjustments and prorations between eRA and SELLER, all costs and
expenses to be paid at Closing, and the net proceeds due SELLER, which CRA shall also execute
and deliver at Closing.
9.4. Corrective Documents. Documentation required to clear title to the
Property of all liens, encumbrances and exceptions, if any, other than Pern1itted Exceptions.
9.5. Additional Documents. Such other documents as CRA or the Title
Company may reasonably request that SELLER execute and deliver, and any other documents
required by this Agreement or reasonably necessary in order to close this transaction and
effectuate the tenus ofthis Agreement.
10. PRORATIONS, CLOSING COSTS AND CLOSING PROCEDURES.
10.1. Prorations. Taxes, assessments, rents. interest. insurance and other
expenses of the Property shall be prorated through the day before Closing. CRA shall have the
option of talcing over existing policies of insnrance, if assumable. in which event premiums shall
be prorated. Cash at Closing shall be increased or decreased as may be required by prorations t"
be made through the day prior to Closing. Advance rent and secnrity deposits, if any, will be
credited to CRA. Taxes shall be prorated based upon the cunent year's tax with due allowance
made for maximum allowable discount. If Closing oecnrs at a date when the cunent year',
millage is not fixed and current year's assessment is available, taxes will be prorated based upon
such assessment and prior year's millage. If cunent year's assessment is not available, then
taxes will be prorated on prior year's tax. A tax proration based on an estimate shall, at request
of either party, be readjusted upon receipt of tax bill.
10.2. Special Assessment Liens. Certified, confirn1ed and ratified special
assessment liens imposed by public bodies as of Closing are to be paid by SELLER. Pending
liens as of Closing shall be assumed by CRA. If the improvement has been substantially
completed as of the Effective Date, any pending lien shall he considered certified, confirmed or
ratified and SELLER shall, at Closing, be charged an amount equal to the last estimate or
assessment for the improvement by the public body.
10.3. Closing Costs. Seller shall pay for all documentary stamps on the deed.
recording the deed and half of all general closing expenses (settlement fee, courier fees.
overnight package, etc.). Seller is responsible for their own legal fees. All other costs of closing
shall be borne by CRA.
10.4 Closing Procednre. CRA shall fund the Pnrehase Price subject to the
credits, offsets and prorations set forth herein. SELLER and CRA (as applicable) shall execute
and deliver to Closing Agent the Closing Documents. The Closing Agent shall, at Closing: (i)
disbnrse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a "marked-up"
Title Commitment to CRA, and promptly thereafter. record the Deed and other recordable
Closing Documents in the appropriate public records.
5
6PURCHASEAGREEMENT
Page 6 of 14
10.5 Existing Mortgages and Other Liens. At Closing, SELLER shall obtain,
or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments
applicable to and encumbering the Property.
II. REPRESENTATIONS. COVENANTS AND WARRANTIES.
Seller's Representations and Warranties. To induce PURCHASER to enter into this Agreement,
SELLER makes the following representations, all of which, to the best of her Imowledge, in all
material respects and except as otherwise provided in this Agreement (i) are now hue, and (ii)
shall be true as of the date of the Closing unless SELLER receives information to the contrary,
and (iii) shall survive the Closing. In that event, PURCHASER shall be provided immediate
notice as to the change to the following representations:
11.1 At all times from the Effective Date until prior to Closing, SELLER shall
keep the Property (whether before or after the date of Closing) free and clear of any mechanic's or
materialmen's liens for work or materials fumished to or contracted for, by or on behalf of SELLER
prior to the Closing, and SELLER shall indemnify, defend and hold PURCHASER hannless from
and against all expense and liability in connection therewith (including, without limitation, eomi
costs and reasonable attomey's fees).
11.2 SELLER has no actual knowledge nor has SELLER received any notice of
any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by
any organization, person, individual or governmental agency which would affect (as to any
threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use,
occupancy or value of the Property or any part thereof or which would otherwise relate to the Land.
11.3 SELLER has full power and authority to enter into this Agreement and to
assume and perform her obligations hereunder in this Agreement. SELLER does not and will not
conflict with or result in the breach of any condition or provision, or constitute a default under, or
result in the creation or imposition of any lien, charge, or encumbrance upon any of the Property or
assets of the SELLER by reason of the tenus of any contract, mortgage, lien, lease, agreement,
indenture, instrument or judgment to which the SELLER is a party of which is or purports to be
binding upon the SELLER or which affects the SELLER; no action by any federal, state or
municipal or other governmental department, commission, board, bureau or instrumentality is
necessary to make this Agreement a valid instrument binding upon the SELLER in accordance with
its terms.
1104 SELLER represents that SELLER will not, between the date of this
Agreement and the Closing, without PURCHASER'S prior written consent, which consent shall not
be unreasonably withheld or delayed, except in the ordinary course of business, create any
encumbrances on the Property. For purposes of this provision the term "encumbrances" shall mean
any liens, claims, options, or other encumbrances, encroachments, rights-of-way, leases, easements,
covenants, conditions or restrictions. Additionally, SELLER represents that SELLER will not,
between the date of this Agreement, and the Closing take any action to terminate or materially,
amend or alter any existing leases presently in existence, without the prior consent of
PURCHASER, which consent shall not be unreasonably withheld or delayed.
11.5 SELLER represents that there are no parties other than SELLER in
possession of the Property or any portion of the Property as a lessee.
6
7PURCHASE AGREEMENT
Page 7 of!4
11.6 SELLER shall not list or offer the Propelty for sale or solicit or negotiate
offers to purchase the Propelty while this Agreement is in effect. SELLER shall use its best efforts
to maintain the Property in its present condition so as to ensure that it shall remain substantially in
the same condition from the conclusion of the forty-five (45) day Inspection Period to the Closing
Date.
11.7 SELLER has no actual knowledge nor has SELLER received any notice of
any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Land by
any organization, person, individual or governmental agency which would affect (as to any
threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use.
occupancy or value of the Land or any part thereof or which would otherwise relate to the Land.
11.8 SELLER represents that it has no actual knowledge nor has it received any
notice that the Land has been, is presently or is contemplated to be utilized as a reservoir of
hazardous material. As used herein, the tern1 "Hazardous Material" shall mean any substance,
water or material which has been determined by any state, federal or local government authority
to be capable of posing a risk of injury to health, safety and property, including, but not limited
to, all of those materials, wastes and substances designated as hazardous or toxic by the U.S.
Environmental Protection Agency, the U.S. Department of Labor, the U.S. Department of
Transportation, and/or any other state or local governmental agency now or hereafter authorized
to regulate materials and substances in the environment (collectively "Governmental
Authority(ies)").
11.9 SELLER represents to PURCHASER that the Land is not subject to any
deed restrictions or declaration of restrictions running with the Land which would affect the use
of the Land and all title matters to which SELLER's propelty is subject to is set forth on Exhibit
" ~,
lLlO Between the date of this Agreement and the date of closing, SELLER will
not file any application for a change of the present zoning classification of the Land.
ILl 1 Authority. The execution and delivery of this Agreement by SELLER
and the consummation by SELLER of the transaction contemplated by this Agreement are within
SELLER'S capacity and all requisite action has been taken to make this Agreement valid and
binding on SELLER in accordance with its ten11S. The person executing this Agreement (\]]
behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this
Agreement represents a valid and binding obligation of SELLER.
lLl2 Title. SELLER is and will be on the Closing Date, the owner of valid.
good, marketable and insurable fee simple title to the Property, free and clear of all liens,
encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances
of record which will be discharged at Closing).
12. DEFAULT.
12.1. Purchaser's Default. In the event that this transaction fails to close due tn
a wrongful refusal to close or default on the part of eRA, subject to the provisions of Paragraph
12.3 below, the Deposit actually then being held by the Escrow Agent shall be paid by Escrow
7
8PURCHASEAGREEMENT
Page 8 of 14
Agent to SELLER as agreed liquidated damages and, thereafter, neither CRA nor SELLER shall
have any further obligation or liabilities under this Agreement, except for those expressly
provided to survive the termination of this Agreement; provided, however, that CRA shall also
be responsible for the removal of any liens asserted against the Property by persons claiming by,
through or under CRA, but not otherwise. CRA and SELLER acknowledge that if CRA defaults,
SELLER will suffer damages in an anlount which cannot be ascertained with reasonable
eeliainty on the Effective Date and that the amount of the Deposit being held by Escrow Agent
most closely approximates the amount necessary to compensate SELLER. CRA and SELLER
agree that this is a bona fide liquidated damages provision and not a penalty or forfeiture
provision.
12.2. Seller's Default. 1n the event that SELLER shall fail to fully and timely
perform any of its obligations or covenants hereunder or if any of SELLER'S representations are
untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement,
CRA may, at its option: (1) declare SELLER' in default under this Agreement by notice
delivered to SELLER, in which event CRA may terminate this Agreement and demand that the
Deposit be returned, including all interest thereon if any, in accordance with Section 3 and
neither Party shall have any further rights hereunder or (2) seek specific performance of this
Agreement, without waiving any action for damages.
12.3. Notice of Default. Prior to declaring a default and exercising the remedies
described herein, the non-defaulting Party shall issue a notice of default to the defaulting Party
describing the event or condition of default in sufficient detail to enable a reasonable person to
determine the action necessary to cure the default. The defaulting Party shall have fifteen (15)
days from delivery of the notice during which to cure the default, provided, however, that as to a
failure to close, the cure period shall only be three (3) Business Days from the delivery of notice.
Both parties agree that if an extension is requested, such extension shall not be umeasonably
withheld. If the default has not been cured within the aforesaid period, the non-defaulting Party
may exercise the remedies described above.
12.4. Survival. The provisions of this Section 12 shall survive the termination
of this Agreement.
13. NOTICES. All notices required in this Agreement must be in writing and shall be
considered delivered when received by certified mail, return receipt requested, or personal
delivery to the following addresses:
Ifto Seller:
If to Buyer:
Lisa A. Bright, Executive Director
Boynton Beach Community Redevelopment Agency
915 S. Federal Highway
Boynton Beach, FL 33435
PH: 561/737-3256
FX: 561/737-3258
8
9PURCHASE AGREEMENT
Page 9 of 14
With a copy to:
James Cherof
CRA Attorney
76 N.E. 5th Ave.
Delray Beach, FL 33483
14. BINDING OBLIGATION/ASSIGNMENT. The terms and conditions of this
Agreement are hereby made binding on, and shall innre to the benefit of, the successors and
permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement
without the prior written consent of CRA, which shall not be unreasonably withheld. CRA shall
have the right to assign this Agreement to the City of Boynton Beach (the "City") without the
prior consent of SELLER and the CRA shall be released from any further obligations and
liabilities under this Agreement. The CRA may not assign this Agreement to any other party
without the prior written approval of SELLER, which shall not unreasonably withheld. If CRA
has been dissolved as an entity while this Agreement and/or the attached Lease Agreement are in
effect, the provisions of section 163.357(1), Florida Statutes, (as it may be amended from time to
time), shall apply.
15. BROKER FEES. The SELLER and BUYER hereby state that they have not dealt
with a real estate broker in connection with the transaction contemplated by this Agreement and
are not liable for a sales commission. SELLER shall indemnify, defend and hold hannless the
CRA from and against any and all claims, losses, damages, costs or expenses (including, without
limitation, attorney's fees) of any kind or character arising out of or resulting from any
agreement, alTangement or understanding alleged to have been made by SELLER on its behalf
with any broker or finder in connection with this Agreement. The provisions of this Section
shall snrvive Closing or telmination of this Agreement.
16. Environmental Conditions.
16.1. For purposes of this Agreement, pollutant I "Pollutant") shall mean any
hazardous or toxic substance, material, or waste of any kind or any contaminant pollutant,
petroleum, petroleum product or petroleum by-product as defined or regulated by environn1ental
laws. Disposal ("Disposal") shall mean the release, storage, use, handling, discharge, or disposal of
such pollutants. Environmental laws ("Environmental Laws") shall mean any applicable federaL
state, or local laws, statutes, ordinances, rules, regulations or other govenunental restrictions.
16.1.1 As a material inducement to CRA entering into this Agreement, SELLER
hereby warrants and represents the following, as applicable:
(1) That SELLER and occupants of the Property have obtained and are
in full compliance with any and all permits regarding the Disposal of pollutants on the Property or
contiguous property owned by SELLER, to the best of SELLER' knowledge.
(2) SELLER is not aware nor does it bave any notice of any past
present or future events, conditions, activities or practices which may give rise to any liability or
form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant on the
Property. SELLER is not aware nor does it have any notice of any past. present or future events.
l}
I OPURCHASE AGREEMENT
Page 10 of 14
conditions, activities or practices on contiguous property that is owned by SELLER which may
give rise to any liability or form a basis for any claim, demand, cost or action relating to the
Disposal of any Pollutant affecting the SELLER property.
(3) There is no civil, criminal or administrative action, suit, claim,
demand, investigation or notice of violation pending or, to the best of that entity's knowledge,
threatened against SELLER or the Property relating in any way to the Disposal of Pollutants on the
Propeliy, any portion thereof, or on any contiguous property owned by SELLER.
16.2 Additional Warranties and Representations of SELLER. As a material
inducement to CRA entering into this Agreement, SELLER, to the best of SELLER' infomlation
and belief, hereby represents and warrants the following:
16.2.1 There are no pending applications, permits, petitions, contracts, approvals,
or other proceedings with any governmental or quasi-govenmlental authority, including but not
limited to, CRA, municipalities, counties, districts, utilities, and/or federal or state agencies,
concerning the use or operation of, or title to the Property or any pOliion thereof and SELLER has
not granted or is not obligated to grant any interest in the Property to any of the foregoing entities.
16.2.2 There are no facts believed by SELLER to be material to the use, condition
and operation of the Property in the manner that it has been used or operated, which it has not
disclosed to CRA herein, including but not limited to unrecorded instruments or defects in the
condition of the Property which will impair the use or operation of the Property in any mmmer.
16.2.3 To the best of SELLER' knowledge, the Property and the use and operation
tllereof are in compliance with all applicable county and govemmental laws, ordinances,
regulations, licenses, permits and authorizations, including, without linlitation, applicable zoning
and environmental laws and regulations.
16.3 SELLER Deliveries.
SELLER shall deliver to CRA the following documents and instruments within ten
(10) days of the Effective Date of this Agreement, except as specifically indicated:
16.3.1 Copies of any reports or studies (including engineering, environmental, soil
borings, and other physical inspection reports), in SELLER' possession or control with respect to
the physical condition or operation of the Property, if any.
16.3.2 Copies of all licenses, variances, waivers, pennits (including but not
limited to all surface water management permits, wetland resource permits, consumptive use
permits and environmental resource permits), authorizations, and approvals required by law or
by any governmental or private authority having jurisdiction over the Property, or any portion
thereof (the "Governmental Approvals"), which are material to the use or operation of the
Property, if any.
16.3.3 Prior to the Closing Date, SELLER shall execute and deliver to CRA any
and all documents and instruments required by CRA, in CRA's sole and absolute discretion,
10
11pURCHASE AGREEMENT
Page 11 of 14
which: (i) effectuate the transfer to CRA of those Govemmental Approvals, or portions thereof
which are applicable to the Property, that CRA desires to have assigned to it, and/or (ii) cause the
Property to be withdrawn from any Governmental Approvals. No later than thi1iy (30) days prior
to the Closing Date, SELLER shall remedy, restore, and rectify any and all violations of the
Governmental Approvals (including but 110t limited to any and all portions of the surface water
management system, mitigation areas or other items which do 110t comply with the
Governmental Approvals or applicable rules), if any. SELLER warrants that there will not be, at
the time of Closing, any unrecorded instruments affecting the title to the Property. including. but
not limited to any conveyances, easements, licenses or leases.
17. MISCELLANEOUS.
17.1. General. This Agreement, and any amendment hereto, may be executed in
any number of counterparts, each of which shall be deemed to be an original and all of which
shall, together, constitute one and the same instrument. The section and paragraph headings
herein contained are for the purposes of identification only and shall not be considered in
construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire
Section, unless otherwise specified. No modification ur amendment of this Agreement shall be
of any force or effect unless in writing executed by Paliies. This Agreement sets forth the entire
agreement between the Parties relating to the Property and all subject matter herein and
supersedes all prior and contemporaneous negotiations, understandings and agreements, written
or oral, between the Parties. This Agreement shall be interpreted in aCeOrdallCe with the laws of
the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising
out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach County.
Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States
District Court for the Southern District Court of Florida.
17.2. Computation of Time. Any reference herein to time periods which are 11(\1
measured in Business Days and which are less than six (6) days, shall exclude Saturdays.
Sundays and legal holidays in the computation thereof. Any time period provided for in this
Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. un the
next full Business Day. Time is of the essence in the perfonnanee of all obligations under tIns
Agreement. Time periods e011Ul1encing with the Effective Date shall not include the Effecti",'
Date in the calculation thereof.
17.3. Waiver. Neither the failure of a party to insist upon a strict perfornlance
of allY of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptanCt
of any item by a party with knowledge of a breach of this Agreement by the other party in the
performance oftheir respective obligations hereunder, shall be deemed a waiver of any rights or
remedies that a party may have or a waiver of any subsequent breach or default in any of such
terms, provisions, covenants, agreements or conditions. This paragraph shall survive termination
ofthis Agreement and the Closing.
11
12pURCHASEAGREEMENT
Page 12 of 14
17.4. Construction of Agreement. The Parties to this Agreement, through
counsel, have participated freely in the negotiation and preparation hereof. Neither this
Agreement nor any amendment hereto shall be more strictly construed against any of the Parties.
As used in this Agreement, or any amendment hereto, the masculine shall include the feminine,
the singular shall include the plural, and the plural shall include the singular, as the context may
require. Provisions of this Agreement that expressly provide that they survive the Closing shall
not merge into the Deed.
17.5. Severability. If any provision of this Agreement or the application thereof
shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this
Agreement nor the application of the provision to other persons, entities or circumstances shall
be affected thereby, but instead shall be enforced to the maximum extent pelmitted by law. The
provisions of this Section shall apply to any amendment of this Agreement.
17.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement
and initialed by CRA and SELLER shall control all printed provisions in conflict therewith.
17.7 Waiver of JUry Trial. As an inducement to CRA agreeing to enter into this
Agreement, CRA and SELLER hereby waive trial by jury in any action or proceeding brought by
either party against the other party pertaining to any matter whatsoever arising out of or in any way
connected with this Agreement.
17.8. Attornevs Fees and Costs. Should it be necessary to bring an action to
enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including
those at the appellate level, shall be awarded to the prevailing party.
17.9 Binding Authoritv. Each party hereby represents and warrants to the other
that each person executing this Agreement on behalf of the CRA and SELLER has full right and
lawful authority to execute this Agreement and to bind and oQligate the party for whom or on
whose behalf he or she is signing with respect to all provisions contained in this Agreement.
17.10 Recording. This Agreement may be recorded in the Public Records of
Palm Beach County, Florida.
17.11 Survival. The covenants, warranties, representations, indemnities and
undelialdngs of SELLER set forth in this Agreement, shall survive the Closing, the delivery and
recording of the SELLER Property Deed and CRA's possession of the Property.
17.12 SELLER Attornevs' Fees and Costs. SELLER acknowledges and agrees
that SELLER shall be responsible for its own attorneys' fees and all costs, if any, incurred by
SELLER in connection with the transaction contemplated by this Agreement.
12
13pURCHASE AGREEMENT
Page 13 01'14
date.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the EtIectivc
BOYNTON BEACH
COMMUNITY REDEVELOPMENT
AGENCY
By:
Print Name: Jerry Taylor
Title: Chair
Date:
Witnesses:
SELLER
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13
14pURCHASE AGREEMENT
Page 14 of 14
Witnesses:
ESCROW AGENT:
Accepted and Agreed to:
GOREN, CHEROF, DOODY & EZROL, P.A.
By:
Signed on:
14
Page I of 2
ADDENDUM TO PIIRCHAS~ A( iRFEMENT
between
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY.
a public agency created pursuant to Chapter 163, Part Ill. ,,1' the Florida Statutes (hereinafter
"CRA")
AND
Latoya Trinese Hollis, a single woman, Nikki Shafra Hollis, a single woman. Kristal Lanay
Hollis, a single woman and Della Dames. a married woman (hereinafter "SELLER")
The parties hereby agree to amend the Purchase Agreement. attached hereto. as follows:
1. This Addendum shall amend Section 4. of the Purchase Agreement. The date of
acceptance of offer shall be changed to Novemher ] 2. 2009.
2. This Addendum shall amend Section 5. of the Purchase Agreement. The closing
date shall be amended to December 15.2009.
IN WITNESS WHEREOF. the Parties have executed this Addendum.
BOYNTON BEACH
COMMUNITY REDEVELOPMENT
AGENCY
SELLER
By:
Print Name: Jerry Taylor
Title: Chair
Date:
Print Name:
Date:
Witnesses:
Witnesses:
SELLER
Print Name:
Date:
Witnesses:
------- ---- -----. -
T:\DEVELOPMENT\Ocean Breeze\Hollis Purchase\Addendum to HolliS PA.dol
Page 2 of2
SELLER
Print Name:
Date:
Witnesses:
SELLER
Print Name:
Date:
Witnesses:
ESCROW AGENT:
Accepted and Agreed to:
GOREN, CHEROF, DOODY & EZROL, P.A.
By:
Signed on:
T:\DEVELOPMENT\Ocean Breeze\Hollis Purchase\Addendum to Hollis PA.doc
IRle No. 290306.0001 Pace #11
')
A SUMMARY APPRAISAL REPORT
Based upon Highest and Best Use
APPRAISAL OF A SINGLE FAMILY RESIDENCE
J
LOCATED AT:
111 Northwest 6th Avenue
ABRIDGED: BOYNTON HILLS LT 100 & S 1/2 OF ABANDONED NW 7TH CT
Boynton Beach, FL 33435
FOR:
Boynton Beach CommunIty Redevelopment Agency
Attn: Vivian Brooks, Assistant Director
915 South Federal Highway, Boynton Beach, Florida 33435
AS OF:
June 29, 2009
BY:
Anderson & Carr, Inc.
521 South Olive Avenue
West Palm Beach, FL 33401
Office 561-833-1661
Fax 561-833'()234
:J
Form GA4 - 'TOTAL for Windows' appraisal software by a la mode, Ine. - 1.800-ALAMODE
ROBERT B. BANTING, MAl, SRA, PRESIDENT
Slate-Certified General Real Estate Appraiser RZ4
FRANK J. CARDO, MAl, VICE PRESIDENT
Stale-Certified Ge:neral Real Estale ApprIliser RlI] 90
~()I:~i()~ ~ ('.4J;1~. I~&
.. "<<(<<(<(<((<(<(<<<<<(((<<((<<(<<(<(<<<((<(<((<((<<(<(<(<<(<(<<<<(<(<(((<<< Appraisers . Realtors >>~>>>>~>>~)>>>>))>>)))))}))))>>}))))>)}))))>>))>>))>>>)>>~~>>)}))~>>)>>~>>>
521 SOUTH OLIVE AVENUE
WEST PALM BEACH, FLORIDA 33401-5907
www_andersonc8IT.com
Telephone (561) 833.1661
Fax (561) 833-0234
June 30, 2009
OQality dJervice dJince 1947
Vivian Brooks, Assistant Director
Boynton Beach Community Redevelopment Agency
915 South Federal Highway
Boynton Beach, Florida 33435
Re: A Single Family Residence
111 Northwest 6th Avenue
Boynton Beach, Florida 33435
Our File No. 290306.000
Dear Ms. Brooks:
At your request, we have appraised the above referenced property. The purpose of this appraisal was to
estimate tbe market value of the fee simple estate of the subject property, as of June 29, 2009, tbe date of
inspection. The intended use of this report is for possible acquisition purposes.
As a result of our analysis, we have developed an opinion that the market value (as defined in the report),
subject to the definitions, certifications, and limiting conditions set forth in the attached report, as of June
29,2009was:
NINETY THOUSAND
($90,000)
The following presents a complete appraisal in a summary report. This letter must remain attached to
the report in order for the value opinion set forth to be considered valid. Your attention is directed to
the Assumptions and Umiting Conditions that follow.
Respectfully submitted,
~N~
( ~
~o~tt 'B.ri~" -, , '
sn-Clertilfi~d Giner)al Real Estate Appraiser #RZ4
U\llAtld\ /O[;h/7]~
Michelle J. Jackson
State-Certified General Real Estate Appraiser #RZ3316
~
)
RBB/MJJ
',',- 'Jr. ?90306~6oo! PaQ~ #.1-'
Anderson & l,~rr
Uniform Residential Appraisal Report fil,O 290306.000
The puroose of this summaru ap raisal reoor! is to provide the lenderfclient with an accurate, and adenuatelv sunnorted, oninion ot the market value at the subiect prooertv.
Pronertv Address tLU>lorttawe~~~ven!l~_ _ ___ Q!!ir Bovnton Belich. ___ SJ~e FL .~2!!~ 33~=!~ ---
Borrower NJA _ _ _,__ _ _ ___"' Owner of Public Record Della Dames & latovaT. Hollis. eta!. GOur.ly.pa!!!J_.!:leach_
~Jtion BOYNTON HILLS IT 100 &~UL2 OF ABANDONED NY\' 7TH.CT LYG N OF &AD.J Tl:!ERETOJLESli'lE:!. RETUR!!L
Assessor'sPafcel# 08-43-45_21_07_003_1000 TaxYear 2008 RETaxes$ 865
NeiQhbomoodName Bo ntonHilIs _ __._-~~Relere.i1~e '102._-gen~u,'T~a~lt061.~"
Occuoant J(1 Owner n Tenant [-' Vacant Special Assessments $._J':l/A 1 Hj[I HO~_? NIA .- p~r year_ I p'p:!:~onth
" Prooertv Riohts Aooraised IZ Fee SirrlOie '_ = leasehold n Other (describe) - --- -
Assionmenl Tv~[ J Purchase Transaction. I=:J Refinance Transaction !IJ Other (describe) Acquisition DUrDOSeS -
lender/Client Bo"nlonBeachComm~nit RedevelonmantANenc Address 915 South Federal Hlnhwa Bounton Beach. Florida 33435
Is the sub'ect nrooertv currently offered for sale or has it been offered tor sale in the twelve months Rriorto the efle_~~ date.21_!~is ap~aisal') - -- - '!Oo '<! No
~~.l!Q~Ldatasour~}~d, off~ri~~I, and date(s),._l"ubl~Recor~ MlS. O,,!:ner
I LJ did :sJ did not analyZe the contract for sale for the subject purchase transaction, Explain thp, rRsults at the analy,i, at th~ contract I"r ,~!,e :T ',I.'h\' 'r' 'maly,i> wa, ~(JI
~eQ There is no current contr~d fo~rchase on the subject property.__
Public Records
- I Y~--;;-'<: I~o
Cont~act PnceSN/A- Dateof Contract N/A ---- -- I~ the property Seller theowner olpublic reZilld? ~--.0 Yes ['TNo~a~'!.io~rce(,,!
fsthere anytinancial assistance (ioan charges. saleconcessions,gittoroownpaymentassistance,etc!tobe paid by any pctrty nn tJehalf ofthp,h(w(;\'ie'~
. .!!.1es, rep~~the total doll~mounL~the items !~_~'paid .___ ~__ "!L~
Note: Race and tile racial composition of the neighborhood are not appraisal factors.
Neldhborhood Characteristics One-Unit Hou8lNi Trends One-Unlt Housing
location lZl Urban r-l Suburban U Rural ProDertvValues nlncreasing n Stable i:XI Declining ,_~RICE___ ~~
Buitt-uofX10ver75% n 25-75% n. Under 25% Oemand/Saoelv L_J Shortaoe IllnBalance CXJ OverSupply I jjQQQL-- (yr,L
: Growth I] Ra id LJ Stable rEl Slow i MarketinQ Time I, Under 3 mths Cl, 3.6 mths [XJ Over 6 mthll 30__~ 1
Neinhborhood Boundaries Bounded to the North bv the Bovnton Beach Canal IC-161. to the, south ~Y!~Jon_L_235 J:i!~l', }'?..7
::. Beach Boulevard to the west bv Interstate 1-95 and to the east bv Federal HIgh,!,""!y, __ 1_:;0 P[~d 5.Q_
NeiQhborhood Oescrintion_ ~e General Text Adde~ - -- - -- -
Present Land Use %
~~nit._ _~%
,~~Unlt 5%
Multi-Family. ___~ %
, Commerclai ~9 ~
!Dl~er - ~__~"
Markel C;nditi;nSiincludin~~forib!~bove con~lus~,__ See General Te~t~ddendu.'!!,
Oimensions 20.28'~36.12'~'SO.06'~59.34'~5~02'~105.05'~140.08' Area 16.552+1- Sa.Ft. Shape Irreaular _~_-- View ~J!!I
SpecifiC Zonin!l Classification C2 . __ ZoninQ Description General CommercIal by ~he City of_~.Q1!!ton Beay_h_
Zoninn Comnliance :- I Lellal @ lenal Nonconform;n;;- IGrandfathered Use) 11 No Zoning 0 IlleQal (descrtbe)
Is the hiohest and best use of subiect prope~~_r~.QJ9L~~_.Q!'Q2Q.sed per plans !lnd speciticalip~) ttJ!.Qresent tis~l ~o _ILfjo, des~.@~ s~_ Gen"~~1
Text Addendum. ,__- - -. --- - .--- .- --- -- -
Utilities Public Oilier (describe) _ _ __ _ Public Other (describe) _9ff-site Improvemen~s ~ Ty~ Public Private
~~~_~. c::;_ _. _ __ Wal", _ g ~ ----- Streel'..h,1t 07 - ~~.
Gas CJ LX! Bottled ___. Sanitary Sewer [Z! U ~ __ Alle~~E!___ -- _l --
FEMASnecial Flood Hazard Area nYes (Ai No FEMAFloodZone C FEMAMap# 1201960Q04C _~E!I!6.M~Qate. 9130/1982
Are the utilrties and off.site imnrovementS tvoical tor the market area? .. r9'l Yes IJ No If No, describe -, ~-- - -- -------
Are there arlvadverse site conditions or external tactors (easements. encroachments, environmental condrtlons, land uses, etcll _. ~s~ ItYes, describe
~o~ althouQh an Environmental Phase. I survey was not orderesl or revlewli!.!:!EY the appral.s2!.~!!!!..Is be1fl_l)d.!!1!!~l;~..Q.f this a~~!!L
f-
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General DescriDtion Foundation Exterior Description materlals/cond~.!!. Interior materials/condition
Units-15<I One 0 One w_ith Accessory Unit [l Concrete Slab 0 Crawl Soace Foundation Walls StemwalllAva.. floors Carpet/Wood/Poor
# 01 Stones 1 D Full Basement LJ Partial Basement EKlerior Walls CBS/Avq, Walls PlasterfAvg.
Tvoe RI Del. I TAll U S-OetJEnd Unit Basement Area __ NIA so,fl. Roof Surface Compo ShlnglelAvJl' ~~isI-_ Wood/Poor
l Existinn IYl pronosed 11 Under Const Basement Finish NfA % Gutters & OownsnoutS None Bath Floor Wood/poor
Desinn ISl\Ile\ Ranch __ 1 Outside ~Exit -'=rSumn PuW;-- Window Tvoe Awni~o~r n' Bath Wainscot Tile/Poor
Year Built 1950._ ___ Evidenceoi I'X'1lnlestation termites_ StormSash/lnsulated None _.-- CarStoralle __lJ_None
Effective Aile [Yrsl 59 Yrs. U Damnness 0 Sett1ement Screens None !YJ Drivewav # of Cars 1
~-c- ._~___ Heal,,: FIlA II I HWBBJ!.' R.ad~~o",ea_ ~ Wood,"'"I'l# Dii,"w"S"rtac;-:-::::con"."_
inOrooStalr ;1 Stairs liXfOthefNone ,Fuel, ,'_ CFlreplace(s)# _ClFence ~J-Garage__ !t...2!..P.ars_
Floor [X] Scuttle Cool~entralAirCondltionina L\ PatiolDeck _r<j Por~~~.r~_d ~~ __-,-#oLQ.~o
o Finished 0 Heated [] Individual IIZJ Other None ~ Pool '= other ~ Atl. :J Det
Aeollances IZI Refrioerator [gJ Ranoe/Oven n Dishwasher 0 oiSDOsal 0 Microwave 0 Washer/Drvel C other/describel
Flnished areaabovenrade contains' 5 Rooms 2 Bedrooms 1 Bath(s) 1.330 ~guareF~t_ot~o~~J:i~,~!~AboY~J1r~de --
. Additional features '~necial enernv efficie~trt;;ms, etcL.. None noted.
,
J5uilt.in
Describe the conditiol1Ollhe nrone;;;(includinn neededre;;rs, deterioration, reriO"valions~-remodeiii1q, etc I,--The s~t;iect p~-~erty was inspected on_.__ -...1
June 29 2009 and was found to b& In "oor condition. There was extensive evidence of actIve termItes in the floors throuqhout the residence. The kitchen
an. ars to also have extensIve rotten wood and substandard cabinet"" was seen, The bathroom a ears to have suffered from water damage in the walls-
and termite damane in the floor. Broken window "anes were observed on man" of the windows In the residence. Minimal renalrs have been made to the .
prope...... to correct these Items. The roof was renlaced six "ears aoo accordi~n to the owner IInd no active roof leak! were observed. --" --==-. -1
Are there an ;h\lsicaideiiciencies or adverse.conditions that.a..ffectthe liv abiliIV,soundness, or structural Inte!lriIVoi th.eproperty? . . ~ Ye~ .~.2-~.' descnbe --I
The actlve termite roblem In the wood floors of the residence could ose structural roblems in the nllar future and also the livabl!;; and soundnllss of ..
the structure are dlrectlv affected bY!!:\Ls condItion. An inspection bv a certified structural enQlneer~~.~t co.!:'tro\ cO'TIP!nlli~h~ r!l_~l?mm~~ed. -
~;;-ron~neral1vconformtothenei~hbor'iiOod ltunctlOnalutilttv~e.condltiOn,use.construclion,-ctC":\? ~-Ye, I J r~u If No, describe
The subiect residence is similar In...!!:lle to the surroundina residentIal buildinQ!..in the neiQhbOrhOodj.!!9:,!,"~v~~~e to !.hi3 termite ~oblem is lroJ!!~eri9r__ 1,
condition.
Page 10fG
'-.mnip Mi1e Form 1004 March 200~',
Freddie Mac Form 10 March 2005
Form 1004 __ "TOTI\L tOfWI~dows' appraisal sottware by" I" mode :nr - 1.8()n ALAMDU:
merm eSI en la '\jlJlI"alsa epe FileH 290306.000
There are 31 com arable orooerties currently offered for sale in the sub'eel neiahborhood ralKlina in orice from $ 27900 to$ 420000
There are '2 comparable sales in the subject neighborhood wilhin the past twelve months ran 'ino in saleoricefrom $ 30000 to$ 235,000
FEATURE I SUBJECT COMPARABLE SALE # t COMPARABLE SALE # 2 COMPARABLESALE#3
A~rlr,,% 111 Northwest 6th Avenue 130 NW 5th Avenue 405 NW 1st Street 6416th Street
Bovnton Beach FL 33435 B~nton Beach FL 33435 B nton Beach FL 33435 Boynton Beach
~. ,loSub'ect 0.13 miles 0.20 mil.. O.42mUes
Sale Price $ N1A 1$ 79000 1$ 147000 $ 110000
SalePricefGrossliv.Area I sQ.ft.$ 62.90S .ft. I 113.08 sO.ft.1 I 76.55Sq,tt
Data Source s Public Records RealQuest, MLS Public Records RHIQues MLa Publh: Records Realaues MLa
VerificationSour~ Llstln A ent Ustln A".nl lIstlnaAlIent
VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION +(-l$Adjustment DESCRIPTION +(- $ Adjustment DESCRIPTION +(-)$l\Qjustment
Sales or Rnancing None Owner Financed None
Concessions Bank Owned w/20% down NfA
DateofSalefTime 0212009 1212008 .17600 0412008 -30800
Location Ave...t1e Aver.MIe Averaae Averaae
Leasehold/Fee Simple Fee Slm ie FeeSlm Ie Fee SlmDle FeeSlmole
SIe 16 1552 f+/-l SF 15605 f+/-l SF +6000 197721+1. SF -19000 11822 1+'-1 SF +28000
View Residential Residential Residential Residential
Desion (SMe Ranch Ranch Rtlnch Ranch
Qual" ofConstructlon CBSJAveraao CBS/Averaao CBS/Avel1lQe CBS/Average
Actual Age 59Yoars 54 Years 67Vears 63 Veers
Condition Poor Poor Good -15000 Poor
Above Grade TotoJ Bdrms. Baths TotailBdrms Baths Total Bdrms.IBaths Total BdlTns Baths
Room Count 5 2 1 5 13 2 -5000 5 3 12.1 .7500 7 5 2 -5000
Gross Uvina Area 1330sq,ft. 1256so.ft. 1300 sO.ft. 1437 so,ft
Basement & Finished N1A NfA GLA Includes N1A
Rooms Below Grade NfA N1A studio apt. NfA
Functional Utility Tvnlcal 7 Ical TVDlcal ITyplcal
_ Heating/Cooting Nono FWAlCentral .6000 FWAlCenlnll .5000 FWAlCentral -5000
~ Energy Efficient Items
: Garage/Carport 1 CarCa on None +5000 1 CarGaraae None +5000
. Porch!Patio/Deck En Porch Entry Porch Entry Porch EntrvPorch
.OavsOnMarket N1A 300avs 15708_ 870a_
. Net Adiustment (lotaJ IXI+ . I- I 10()0 I 1 + IXI- $ 64100 _.1 + IX- I 7800
Adjusted Sale Price NetAdj 1.3% Net Adj. 43.6% Net Adj. 7.1%
ofComparables Gross Adj. 26,6% $ 80000 GrossAdi. 43.6% $ 82900 Gross Adi. 67.1 % $ 102,200
I tjid didnotresearchthesaleortransferhistoryofthesub'ect roe and comparable sales. If not, ex lain
Mvresearch IXl did 1 did nolreveal any prior sales or transfers of the sub'ect properly forthe three years prior to the effectlve dale of this a,opraisal.
DataSource(s) PBC Public Records MLS
Mvresearch did didnotrevealanv rior sales or transfers of the comparable salesforth!1!lar priortothed ateofsaleoftheco~rabIesale.
DalaSource{s) PBC Public Records MLS
Report the resu!ts of the research and anal sis of the prior sale orlrarlsfer historv of the sub'ect property and como arable sales report additional riorsales on oaoe 3),
ITEM SUBJECT COMPARABLE SALE #1 COMPAflABLE SALE #2 COMPARABLE SALE #3
Date of Prior SalefTrarlsfer 05120008 0112009 0212008 0312008.0512008
Price of Prior SalefTransfer $10 QCI $41000 fCn 93 000 fWDI 139 OOOfWDI: $158 OO.QLQ~l..
Data$ource(s' PBC Public Record PBC Public Records PBC Public Records PBC Public Records
Effective Date of DataSource(sl 06/2912009 06129/2009 0612912009 oeI29f2009
Analysisofpriorsaleortransferhistorvofthesubje~ropertyandcomoarablesales See page three for comments.
Summarv of Sales COr:rll!!rison Aooroach See General Text Addendum.
Indicated Value bv Saies Comparison Approach $ 90000
Indicated Value by: Sales CompanIOn Approach $ 90000 Cost Approach (If devel )$ 91927 Income Approach (if developed) $
The Incomo ADDroach to Value Is not aODUcable as the tvDlcal Durchaser Is an owner/user who would not buy same as an Investment orooertv. Ad oinl!:lQ
. homes are owner occu led and are not aeneratln ~Incom.. Most of the wel ht Is~aced on the Sales Com arlson An!lrosch as it best reflects the
current market trend. The Cost ADDr08ch Is su ortlve of the Sales Comm rlson A roach.
- This appraisal is made i:8J "as is", o subject to completion per plans and specifications on the basis of a hypolhetical condttionthatthe improvements have been
completed, 0 subject to the following repairs or alterations on the basis of a hypothetical condition that the repairs or anerations have been completed, or 0 subjeclto the
. followina reoulred insoection based on the extraordlnarv assu~on that the condition or deficie~does not reouire alteration or repair: Sublect Pronertv Is being aDDralsed
. on Its "As Is" condition. The date of value Is the date of Insoa.r:tlon June 29 2009.
,n a complete visual Jns~tion of the Interior and exterior areas of the SUbr' pro~ defined ICOpe of work, statement of assumptions and limiting
.,on8, and appraiser's cert f1cation, my (our) opinion of the market value, 88 f1n8cf, of e real property that Is the subject of this report is
$ 90000 88 of June 29 2006 which is the dale of InsDeCl:lon and the effectfve date of thIs ~r8Isal.
Freddie Mac Form 70 March 2005
mieNo. 290306,0001 paoe#1J
U 'f
R
'd riA
IR
rt
Page 2 of 6
Fannie Mae Form 1004 March 2005
Form 1004 - "TOTAL lor Windows" appraisal software by a la mode. inc, - 1-800.ALAMODE
'I" 'j'1''10309_0_00: I-'~I]P #"
Uniform Residential Appraisal Report
File# 290306.000
Anal sis of Prior s~s-.!!ld T~l1sfer History for_.!~ec:t and Compara~~
All properties used in this report were researched back for three vears prior to the effective date of this appraisal. June 29,_ 2009. The sublect p~
was transferred to the current owners via Quit ClaIm Deed In Ma of 2008. Sale 1 was foreclOsed on in Janua of 2009 and then sold., sua!n !!!...februa of
2009 which is the sale transactIon used in this re ort. Sale 2 was purchased In February of 2008 as a forecl~ure and then re:-so!!!.~~ember 9f 2008
with owner financln which is the sale trlilnsaction used in this re art. Sale 3 has had two subse uent sales since Its Durchlilse. The. rSlilltor involved I~.
the transaction indicated the urchase on March 14, 2008 for $110.000 was arms lenQth with no concessions. which Is the sale we used in this repo!:L..TJ:'!!l.
recorded deed for this transaction reflect $105 000 as the sale rice' however the realtor ulled her co of the HUD statement and ~onfirmed the sale
rice of $110 000 Subse9!!-ent to !!!!l~~ the~9~s sold on the same dav. March ~,~!..!~!:..!~,OOO and thel}_!9!Jn in ,!!Ily oUO:08f.Qr $1~MOO
~ Quit Claim D~.
1
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COST APPROACH TO VAlUE (not required by Fannie Mae) .
Provldeade uate inlormation for the lender/client 10 re licatethe below costfl ures and calculations.
Su ort lor the 0 Inion oj site value (summary Q!iQ~parable land sales OT other methods fOf_eslimatinv~ value.L ~e ~.!!l~,Llext Mdendum.
}0.09__
-,
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I
90'OOO~
_196,400
3,300
-"':011
1tMOO
Jj~I~;_
1_,927_J
!
ESTIMATED I I REPRODUCTION OR (>-l REPLACEMENT COST NEW-- __16PiNioN OF SITEVAlUE -~ -'----
Source of cost data Marshall & Swift Residential Cost Handbook ,_, _" -- DWELllNG___ - J.330 SqJt~,~
Quali ralin lTomcostservlce Av Effective date of cost data 12/2008 [Porches 110 SQJt_@$
Comments on CostA roach rosS iivln area calculations, depreciation, etc,) _=r__ -- - -- --
See General Text Addendum. Gara e/CaT ort _ __ ~S~ @S
Totai Estimate 01 Cost-New
~_ -;-__ f!l~_~]jJ!~clion~
.'jDeOTBClatlOn 11Wll
DeoreclatedCoslollmorovemenls
I"As_is"ValueolSitell'@fovements
1- ---- -
80~0
30.510
-!if>rternal
Al
-s
Estimated Remainin Economic Lile
1 Years INDICATED VALUE BY COST APPROACH
INCOME APPROACH TO VALUE (not required by Fannie Mae)
X Gross Rent Mulliplier co S
su~rt for m!lrkel Tent and GRM)
=$ 91,927
,r.1icaledVaIUebylncomeADproad,
-- -- -- --- ---)
Estimated Monthl Market Rent $ _
Summa of\ncomeA roach includin
PROJECT INFORMATION FOR PUD. (If applicable)
lslhe develo er/builder in control 01 the Homeowners' Association HOA? _ n Yes 0 No ~~) n Detached LLAtlach~J_
provide the lollowin Information lor PUGs "ONLy"!! ~ develooerlbuilde~_ in cont!QL91 the HOA ~nd th~s~ecl orop~!!)i~I1 atlach~!L~welli~_g uf;it
LealNameolPro'ect -----
TotalnumbeTol hases Total number of units Totai number 01 umts sold
Total number of units rented Total number of units lor sale Datasource(s) - -
Was the fo'act created b the conversion of exlstln buiidin(!(s) Into a PUG? LJ Yes iJ ~,~J!. Y~~~'--E.2.nv~~i2n
Doeslhe rolectcofltainanvmuiti-dwellinQUmls? liYes UNo DataSource .~--' -- --- --
Are the units, common elemeflts, and recreation lacillties complere? [lY~ _rJ NQJl No,~.~Jtl~~~~_2tcomp.!~~
ATe the commo;;~ments leased t~ or bY.1rte Hom~owners' Association? O-'yes~l-=- N~iY;S~-des~nbe th;~nl,!1 t~s an~::QQ.!ion,
Describe common eiements and r~~onallaciiiti~--;;-
Freddie Mac Form 70 MiilCh 2005
P<lge ~ of [,
r;mru"M(lpF'.1TIl,10n4 M;nch "il['l~
rorm 1004 TOT ilL tor Windows" apprdi~~i ~[)!tWdTt lw ~ I~ nlO(j~ In'; 1 -R'IO II\AW,r1[,[
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XI. NEW BUSINESS:
F. Consideration of Entering into a Lease Agreement
with Hollis
11~<tY~Te~ eRA
. East Side~West Side~Seaside Renaissance
eRA BOARD MEETING OF: November 10,2009
I Consent Agenda 'I Old Business
New Business
Legal
Other
SUBJECT: Consideration of the Residential Lease Agreement for property located at 111 NW 6th Avenue
from Latoya Hollis, Nikki Hollis, Kristal Hollis and Della Dames
SUMMARY:
Provided that the CRA Board has approved the Purchase Agreement for the property located at 111
NW 6th Avenue, the owners of the property have agreed to enter into a one (1) year residential lease
agreement for the sum of ten (10) dollars. By accepting the rental rate of $10 instead of charging
market rate rent, the CRA avoids a significant increase in property tax liability. Due to the fmancial
position of the property owners/tenants, the "sale-lease-back" terms will provide them with the time
necessary to locate and acquire another home.
The lease agreement states that the tenants are responsible for any and all utilities, repairs,
maintenance and insurances during the term of the lease. The attached Residential Lease Agreement
was prepared and approved to form by the CRA's legal counsel.
FISCAL IMPACT: none
CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan
RECOMMENDATIONS:
Approval of the one year Residential Lease Agreement with Latoya Hollis, Nikki Hollis, Kristal Hollis
and Della Dames for the property located at III NW 6th Avenue in the amount of$1O.00.
~< /
"/""#..-::;: " "-
'/'/~~/ ~
'Michael Simon, Development Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetingIFY
2009 - 2010 Board Meetingslll-1O-09 MeetingIHoillis Residential Lease Agreement.doc
RESIDENTIAL LEASE AGREEMENT
TIDS RESIDENTIAL LEASE AGREEMENT (hereinafter referred to as the "Lease"),
executed this __ day of November 2009, by and between the BOYNTON BEACH
COMMUNITY REDEVELOPMENT ACJENCY (hereinafter referred te) ,cs "LESSOR"), and
LATOYA TRlNESE HOLLIS, a single woman, NIKKI SHATRA HOlLIS, a single woman.
KRISTAL LANA Y HOLLIS, a single woman and DELLA DAMES, a married woman
(hereinafter collectively referred to as "LESSEE"), for and in consideration of mutual covenants
herein, LESSOR leases to LESSEE the property located at 111 NW 6th Avenue, Boynton Beach,
Florida (hereinafter referred to as the "Property"), and under the tenns and conditions set forth:
1. TERM. The term of this Lease shall be one (1) calendar year, commencing on .~~ and
ending on . The total rental payment due from LESSEE shall be the sum of -=-lBr1~iI(/\A
and 00/100 ($iO.ID ) Dollars payable as follows:
LESSEE shall pay the rent and all other charges required to be paid under the Lease by cash, valid
check or money order. LESSOR may, in their sole discretion, appoint an agent, upon providing
written notice to LESSEE, to collect the Lease Payments and to perform LESSOR'S obligations.
In addition to the Lease Payments described above, LESSEE shall pay a fee in the amount of Fifty
and 001100 ($50.00) Dollars if LESSEE makes any Lease Payment with a check which is returned
to LESSOR for insufficient funds or any other reasons as set forth in Chapter 832 of the FIOlida
Statutes. If LESSEE makes any Lease Payment with a check tbat is retumed for insufficient funds
or other reasons, LESSOR can require LESSEE to pay all luture Lease Payments in cash or by
money order.
2. SECURITY D POSIT. LESSEE shall deliver a security deposit in the amount uf - 4-
and 00/100 ($ ) Dollars prior to taking possession ofthe Property.
3. NOTICES. All notices to LESSOR and all Lease Payments must be payable to LESSOR ancl
sent to LESSOR at 915 S. Federal Highway, Boynton Beach, [,L 33435, unless LESSOR gives
LESSEE written notice of a change. LESSOR's agent may perfornl inspection on behalf of
LESSOR. All notices to LESSOR shall be given by first class U.S. Mail, or by hand delivery h,
LESSOR or LESSOR's agent. It is understood and agreed between the parties hereto that written
notice mailed or delivered to the Property leased hereunder shall constitute sufficient notice to the
LESSEE and written notice mailed or delivered to the LESSOR's agent, shall constitute sufficient
notice to the LESSOR, to comply with the ternlS of this Lease.
4. OCCUPANCY.
a. The Property shall be occupied only by LESSEE and LESSEE's immediate family
for residential pnrposes only. For purposes of this Lease, immediate family is defined as LA TOY A
TRINESE HOLLIS, NIKKI SHATRA HOLLIS, KRISTAL LANAY HOLLIS, and DELLA
DAMES. The Property may not be used for illegal, immoral, or improper purposes. LESSEE also
Page] ofS
shall obey and require anyone on the Property to obey all laws and any restrictions that apply to the
Property. LESSOR will give LESSEE notice of any restrictions that apply to the Property.
b. LESSEE shall not keep any dangerous or flammable items that might increase the
danger of fITe or damage on the Property without LESSOR's consent. LESSEE shall not create any
environmental hazards on or about the Property. LESSEE shall not destroy, deface, damage, impair
or remove any part of the Property belonging to LESSOR, nor permit any person to do so. LESSEE
may not make any alterations or improvements to the Property without first obtaining LESSOR's
written consent to the alteration or improvement. LESSEE shall not violate any laws, regulations or
requirements of any governmental agency having jurisdiction over the Property.
c. LESSEE must act and require all other persons on the Property to act, in a manner
that does not unreasonably disturb any neighbors or constitute a breach of the peace.
5. ASSIGNMENT AND SUBLETTING. LESSEE shall not assign the Lease, or sublet the
Property or any part thereof, or permit the Property or any part thereof to be used or occupied by
anyone other than LESSEE or members of LESSEE's inunediate family without the prior written
consent of LESSOR.
6. REPAIRS. The Property is being leased in "as is" condition. LESSEE shall be responsible for
the maintenance of the Property and LESSOR's appliances therein, and shall maintain them in good
order and condition, ordinary wear and tear accepted. Notwithstanding paragraph 20 ofthis Lease,
LESSOR may repair, at the expense of LESSEE, all damage or injury to the Property resulting from
the misuse or negligence of LESSEE, a member of LESSEE's family, or other person on the
Property with LESSEE's consent. The cost of such repairs shall be paid by LESSEE to LESSOR as
additional rent within five (5) days of rendition of LESSOR's bill concerning such costs. There
shall be no allowance to LESSEE and no liability on the part of LESSOR by reason of
inconvenience or annoyance arising from the making of any repairs, alterations, additions or
improvements to the Property or any portion of the building in which the Property are located. In
the event that LESSOR effectuate any repair as provided for in this section, LESSOR shall provide
twenty-four (24) hour notice prior to undertaking any necessary repairs.
7. UTILITIES. LESSEE agrees to and acknowledges that they shall promptly and fully pay for all
utilities. LESSEE shall be required to pay for, including but not limited to, all electricity, telephone,
computer lines, DSL, premium cable television service, satellite dish, and any other services of any
sort provided to the Property. LESSOR shall be responsible for the maintenance of the air
conditioning and heating equipment and all major appliances constituting of, but not limited to, the
stove, oven, refrigerator, dishwasher and disposal. LESSEE is responsible for making all
arrangements with the utility companies in LESSEE's name, including required deposits, for all
utility services to be paid for by LESSEE.
8. CLEAN AND SANITARY. LESSEE shall keep the Property clean and sanitary, remove all
garbage in a clean and sanitary manner, and keep all plumbing fixtures clean and sanitary and in
repair and be responsible for all charges and assessments against the Property.
9. WINDOWS AND DOORS. LESSEE agrees that the Property will be unfurnished with existing
Page 2 of8
window and door coverings acceptable in "as is" condition. I ,ESSEE shall not change locks,
without written consent of LESSOR.
10. USE OF APPLIANCES. LESSEE shall use and operate in u reasonable manner all electrical.
plumbing, sanitary, heating, cooking, ventilating, air-conditioning and other such facilities.
appliances and equipment.
11. NEIGHBORS. LESSEE shall conduct themselves, and require persons on the Propeliy with
LESSEE's consent to conduct themselves, in a manner that does not unreasonahly disturb
LESSEE's neighbors or constitute a breach ofthe peace.
12. COMPLIANCE WITH LAW. LESSEE shall comply with all present and future laws, orders
and regulations of Federal, State, County and municipal authorities which affect the use ur
occupation of the Property.
13. PEST CONTROL. LESSOR shall keep the Property free [rom all insects, pests and rodents by
insuring that the Property is treated on a monthly basis by a licensed exterminating company. All
expenses incurred relative to such treatment shall be borne by LESSOR.
14. DAMAGE. Except for the negligence of LESSOR, LESSOR shall not be liable for any damage
to the Property, or loss by reason of damage, theft or otherwise to the contents, belongings and
personal effect of the LESSEE, or LESSEE's agents, employees, guests or visitors located in or
about the Property, or for any danlage or injury of any kind to LESSEE or LESSEE's agents,
employees, guests or visitors. LESSOR shall not be liable for any damage, theft or loss caused to
LESSEE or LESSEE's agents, employees, guests or visitors, unless caused solely by LESSOR.
Noting contained in this provisions shall relieve LESSOR or LESSEE from responsibility for loss,
damage, or injury caused by its own negligence or willful conduct. LESSEE shall be solely
responsible to the extent caused by LESSEE for any and all such loss or damage to the Property.
excepting wear and tear.
15. WASTE. LESSEE shall not connnit waste on the Property, or maintain or permit tll be
maintained a nuisance thereon.
16. UNAUTHORIZED PARKING. LESSEE shall not park or store any vehicles, boats or trailers
in areas not authorized in writing by LESSOR for such use or for LESSEE's use.
17. DEFAULT REMEDIES. LESSEE covenants and agrees that if default shall be made in the
payment of the rent, or if the LESSEE shall violate any of the covenants of this Lease, then in that
event, the LESSEE with written notice and an opportunity to cure within five (5) days aftcr
receiving said written notice shall be in breach of this Lease. LESSOR shall be entitled to
LESSOR's remedies in law andlor equity including injunctive relief, and the entire rent for the
rental period next ensuing shall at once be due and payable and may forthwith be collected by
distress or otherwise as provided by law. LESSEE agrees that if the LESSEE is in default of any of
the other terms, covenants or conditions of this Lease, as well as a default in payment of rent, and as
a result thereof, the LESSOR acqnire possession of the demised Property then all unearned rentals
shall be retained by the LESSOR as liquidated damages, the parties being rulable to ascertain the
Page 3 of 8
exact amooot of the damages that may be sustained by the LESSOR as a result of the breach of this
Lease by LESSEE. In enforcing the terms, covenants and conditions of this Lease, the non-
prevailing party shall be responsible for payment of the prevailing party's court costs and attorney's
fees incurred in connection herewith. All of the remedies under this Lease shall be considered
cumulative. LESSOR shall not be responsible to mitigate damages in the event of a default.
18. FEES AND EXPENSES. If LESSEE shall default in the performance of any provision of the
Lease on LESSEE's part to be performed, or if LESSOR is required to take any action to enforce the
Lease or to defend the validity of or interpret the Lease, then the prevailing party shall be entitled to
recover all costs and expenses incurred thereby, including court costs and reasonable attorneys' fees
from the non prevailing party. Such fees and expenses shall be deemed to be additional rent
hereooder and shall be paid by LESSEE to LESSOR within five (5) days of rendition of a bill to
LESSEE concerning such costs and expenses.
19. INDEMNlFICATION. It is hereby acknowledged and agreed to by the parties that the
LESSOR shall not be liable for any loss, injury, death, or damage to persons or property, which at
any time be sustained by LESSEE or by any person whatsoever, who may at any time be using or
occupying or visiting the demised Property or be in, on or about the same, whether such loss, injury,
death, or damage shall be caused by or in any way resulting from or arising out of any acts,
omissions, or negligence of LESSEE or of any occupant, sub-LESSEE, visitor or user of any
portion of the Property, or shall result from or be caused by any other matter or thing whether of the
same kind as or of a different kind in the matters or things above set forth and LESSEE shall
indenmify LESSOR against all claims, liability, loss or damage whatsoever on accooot of any such
loss, injury, death or damage. LESSEE hereby waives all claims against LESSOR for damages to
the improvements that are now or hereafter placed on the Property and to the property of LESSEE,
in, on, or about the Property and for il1iuries to persons or property in or about the Property, from
any cause arising at any time. LESSEE's obligation and duty to indenmify LESSOR as set forth
herein shall not pertain to matters resulting from acts or omissions of the LESSOR or any agent of
the LESSOR.
20. MAINTENANCE.
a. LESSEE hereby accepts the Property in the condition it is in at the beginning of this
Lease and agrees to maintain said Property in the same condition, order and repair as
it is at the commencement of said term, accepting only reasonable wear and tear
arising from the use thereof ooder this Agreement, and to make good to said
LESSOR immediately upon demand, any damage to water apparatus, or electric
lights or any fixture, appliances or appurtenances of said Property, caused by any act
or neglect of LESSEE or of any person or persons in the employ or ooder the control
of the LESSEE.
b. The LESSEE shall, at their own expense, make all necessary repairs and
replacements to the Property and to the appliances and appurtenances belonging
thereto, all equipment used in connection with the Property. Such repairs and
replacements shall be in quality and class at least equal to the original work. On
default of the LESSEE in making such repairs or replacements, the LESSOR may,
Page 4 of 8
but shall not be required tu, make such repairs ,md replacements for the LESSEE's
account, and the expense thereof shall constitute and be collectible as additional
rent.
c. LESSEE shall, at their own expense, maintain the Property and the lavl11 and
landscaping. LESSEE shall not allow the lawn [0 exceed three to t'1Ur inches in
length at anyone time.
21. LIABILITY. It is expressly agreed and tmderstood by and between the parties to this
Agreement, that the LESSOR shall not be liable for any damage or injury by water, which may bc
sustained by the said LESSEE or other person or for any other damage or injury resulting from the
carelessness, negligence, or improper conduct on the part of any LESSEE or agents, or employees,
or by reason of the breakage, leakage or obstruction of the water, sewer or soil pipes or othu
leakage in or about the said building.
22. RIGHT OF ENTRY. LESSOR or any of its agents. shall have the right to enter said Property
during all reasonable hours, to examine the same to make such repairs, additions or alterations as
may be deemed necessary for the safety, comfmi, or preservation thereof. The right of entry shall
likewise exist for the purpose of removing fixtures, alterations of any nature, which do not contemn
to this Agreement. LESSOR recognize LESSEE's right to quiet enjoyment of the Property and
nothing set forth in this paragraph is to be constmed to disrupt or disturb LESSEE's quiet
enjoyment of the Property.
Furthermore, the LESSOR reserves the right to show the Property tu prospective purchasers,
mortgagees, tenants, workers or contractors under any ofthe folluwing circumstances:
a. with LESSEE's consent not to be unreasonably withheld or delayed:
b. in case of an emergency;
c. when LESSEE unreasonably withholds consent: or
d. if LESSEE is absent from the Property for a period of at least seven 17l consecutive
days. (If the rent is cunent and LESSEE notifies LESSOR of an intended absence,
then LESSOR may enter only with LESSEE's consent or for the protection or
preservation of the Propeliy.)
23. HOLDOVER TENANCY. LESSEE covenants that their UCCUP[U1CY ufthe said Property
beyond the term of the Lease shall not be deemed as a renewal of the Lease for the whole tenu or
any part thereof, but that the acceptance by the LESSOR of rent occuning after the expiration date
shall be considered as a renewal of this Lease for one month unly and for successive periods of one
month only. If the LESSEE holds over (without permission) beyond the term of the Lease. LESSEE
shall pay the sum of One Htmdred and 00/1 00 ($100.00) Dollars per day as "holdover" rent.
24. RIGHTS OF PARTIES. The right of the LESSOR under the foregoing shall he cumulative.
and failure on the part of the LESSOR to exercise promptly any rights given hereunder shall not
operate to forfeit any of the said rights.
25.
WARRANTIES.
LESSEE acknowledges that LESSOR has made no warranties,
Page 5 of g
representations or promises with respect to the said house or the land upon which it is erected
except as herein expressly set forth. No rights, easements or licenses are acquired by LESSEE by
implication or otherwise except as expressly set forth in the provisions of this Lease.
26. INSURANCE. LESSEE (i) shall maintain personal property, renter's content insurance and
public liability insurance in an amount acceptable to LESSOR, (ii) shall provide, LESSOR proof of
insurance coverage prior to occupying the subject Property, and (iii) shall name LESSOR as
additional named insured as LESSOR's interest may appear.
a. All insurance policies shall:
(i) provide that such insurance cannot be unreasonably cancelled, invalidated or
suspended on account of the conduct of the LESSEE, its officers, directors,
employer or agents;
(ii) provide that the policy of insurance shall not be terminated, cancelled or
substantially modified without at lease thirty (30) days prior written notice to
LESSOR and to any lender covered by any standard mortgage clause endorsement;
(iii) be issued by insurance companies having a rating in Best's Insurance Guide of "A+"
or better;
(iv) any insurance policy or policies shall designate LESSOR and LESSEE as the names
insured as their interests appear.
LESSEE shall provide to LESSOR, on execution hereof, with certificates of insurance or copies of
insurance policies evidencing that insurance satisfYing the requirements ofthis Lease are in effect at
all times.
LESSEE shall insure and keep insured the property of LESSOR covered by this Lease, with
insurance companies acceptable to LESSOR and shall procure, pay for, and deliver to LESSOR
policies of insurance acceptable to LESSOR.
27. DELIVERY AT END OF TERM. At the end of the term, the LESSEE shall quit and
deliver up the Property to the LESSOR in good condition. LESSEE further agrees to, without
demand, quietly and peaceably deliver up the possession of said Property in "as good" condition
except for reasonable wear and tear.
28. SUBORDINATION. LESSEE agrees to execute, for the benefit of LESSOR, any and all
docwnents and instruments that might be required of the present or future mortgagees) of the
demised Property in order to maintain the subordination position of this Lease to the existing
mortgage or future mortgage.
29. LIENS. LESSEE shall not have the right or authority to encumber the Property or to permit
any person to claim or assert any lien for the improvement or repair of the Property made by
LESSEE. LESSEE shall notifY all parties performing work on the Property at LESSEE's request
that the Lease does not allow any liens to attach to LESSOR's interest.
Page 6 of8
30. PROHIBITED ACTS. LESSEE shall not aftlx. exhibit ur attaeh or otherwise alluw any
sign, writing or printing to be placed in any window or upun any door of the Sdld Property,
Furthermore, LESSEE shall not make or change or alteratiun in and upon the said Prupelty ot' any
kind or nature whatsoever without the prior VvTitten approval 0" LESSOR. LFSSEI': sh"lln<>t have
any right to affix any additional locks or bolts in or upon any door or window, unless pelUlission 111
granted and duplicate keys are given to LESSOR, neither shall there be any boring or marring of the
woodwork or plaster, unless they be repaired 10 original condition at the end of the tefln of the
Lease.
31. GENERAL PROVISIONS.
a. Successors or Assigns: The covenants and conditions herein contained, subject \<)
the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators
and assigns ofthe parties hereto.
b. Recording: LESSEE shall not record this l.ease or a Short Fonll Memorandum
hereof without the prior written consent of LESS OR.
c. Prior Agreement, Modifications: This Lease contains all of the agreements of the
parties hereto with respect to any matter covered or mentioned in this Lease. and no prior
agreements or understanding pertaining to any such matter shall be effective for any purpose. N"
provision of this Lease may be amended or added to except hy an agreement in writing signed by
the parties hereto or their respective successors in interest.
d. Waiver of Jury Trial: LESSOR anu LESSEE hereby waive rights to [rial by Jury
for all matters arising out of or in cOlmection with this Lease.
e. Radon Gas: Radon is a natural occuning radioactive gas that. when it has
accumulated in a building in sufficient quantities, may present health risks to persons who were
exposed to it over time. Levels of Radon that exceed Federal and State guidelines have been found
in buildings in Florida. Additional infolU1ation regarding Radon and Radon testing may be obtained
from your County Public Health Unit.
f. Gender and Name: The words "LESSOR" and "LESSEE" wherever used herein
shall be construed to mean LESSOR and Lessees in an cases where there is more than one Lessor
and Lessee. When the context requires andJor permits, the necessalY granJl1latical changes required
shall automatically be made such that the provision shall include all, and shall in all cases bc
assumed as though in each case fully expressed.
g. Jurisdiction: This Lease is govemed in accoruance with the laws of the State uf
Florida.
h. Counterparts: This Lease shall be executed in numerous counterparts, allY \)f which
shall have the same dignity, force and effects as the original.
i. Time if ofthe essence.
32. This Lease is subject to approval by the LESSOR as tu LESSEE'S credit worthiness.
Page 7 of8
IN WI1NESS WHEREOF, the said parties have hereunto set their hands and seals the day
and the year written above.
LESSEE:
LESSOR:
I~)
Boynton Beach Community
Redevelopment Agency
By:
H:\2007\070473 BBCRA\FORMS\Lease Agreement Fonn.doc
Page 8 of8
Fwd: Historical Preservation Grant from the Florida Dept. of State
Page 1 ot L
From: fiveready@aoJ.com
To: FIVEREADY@aol.com
SUb)""t: Fwd: Historical Preservation Grant from the Florida Dept. of Slata
Dal.: Tue, Nov 10, 2009 12:47 pm
.-.-Original Message--.--
From: James Titcomb <JTitcombtlllobcaov.ora>
To: fivereadvtlllaol.com <flvereadvtlllaol.com>
Sent: Thu, Nov 5, 2009 10:14 am
Subject: FW: Historical Preservation Grant from the Florida Dept. of State
Thought this may of Interest to you,..
All the bastl JT
James Titcomb
Executive Director
ititcombtlllobcaov.ora
Palm Beach County League of Cities, Inc,
P.O. 1989 - Suite 1002.17
Governmental Center
West Palm Beach, FL 33402
Tel. 561-355-4484
Fax 561-355-6545
www leaaueofcitles,ora <htto://www.leaaueofcities.ora/>
From: Carta, Stephanie (mailto:Steohanle.Cartatlllmvfioridahouse.aov
<mailto: Steohanie.Cartatlllmvfloridahouse.aov?> I
Sent: Thursday, November 05.200910:06 AM
To: Todd J. Bonlarron; James Titcomb; Clerkweb Clerkweb; ddisantotlllrovaloalmbeach.com;
irutantlllci. areenacres. fl. us; citvclerktlllwob.ora: ialkinstlllci.areenacres. II, us
Subject: Historical Preservation Grant from the Fiorida Dept. of State
Dear Friends,
Representative Pafford requested that the following information from the Department of State be passed on for
your information.
The Department of State is soliciting applications for 2011 Smail Matching Historical Preservation grants. This
program awards matching grant assistance up to $50,000 for the
restoration of historical structures, archaeological excavations. recording of historical and archaeological sites,
state historical markers, and historic preservation education
projects. Grant funding Is contingent upon appropriation by the Florida Legislature and wiil become available after
July 1, 2010.
To be considered for funding. online applications must be completed and submitted no later than 5:00 pm (EST)
December 18, 2009. Addltionaily, one paper application
copy with attachment must be hand-delivered or clearly postmarked for mail delivery, or show evidence of
submission to an express mail service on or before that date
as well. A Secretary of State-appointed grants panel wiil review the applications from March 22-23,2010 in
Tallahassee
For more Information, please call the Department of State directly at (850) 245-6333 or (600) 647-PAST
To view the solicitation letter and to complete an on-line application please visit www.flheritaae.com/arants.
Stephanie Carta
District Aide
Office of State Representative Mark S. Pafford
htlp:/ /webmail.aol. com/28878/aol-l/en-us/mail/PrintMessage.aspx
11/\ 0/2009
Fwd: Historical Preservation Grant from the Florida Dept. of State
Page 2 of2
District 88
2240 Palm Beach Lakes Boulevard, Suite 102
West Palm Beach, FL 33409
561.682.0156/561.682.0158 Fax
1401 The Capitol
402 South Monroe Street
Tallahassee, FL 32399-1300
850.488,0175
To subscribe to Rep. Pafford's monthly e-newsletter, please sand an emall to mark.Daffordtalmvflorldahouse.aov
and type "SUBSCRIBE" in the subjact line.
P Please consider the environment before prlnUng this e-mail.
Please note: Florida has a very broad public records law. Most written communications to or from state officials
regarding state business are public records available to the public and media upon request. Your e-mail
communications may therefore be subject to public disclosure.
Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released In
response to a public records request, do not send electronic mail to this entity. Instead, contectthls office by
phone or in writing.
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http://webmail.aol.com/288 78/aol-l /en-us/mai lIPrintMessage.aspx
11/10/2009