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03-06-13 Workshop Meeting (CANCELLED)CITY COMMISSION LktLl?:X1 tff:1[ H CITY OF DELRAY BEACH, FLORIDA WORKSHOP MEETING - WEDNESDAY, MARCH 6, 2013 i ' "1`a 6:00 P.M. DELRAY BEACH CITY HALL FIRST FLOOR CONFERENCE ROOM 9 1 � 2001 The City will furnish appropriate auxiliary aids and services where necessary to afford an individual AWdisability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact the City Manager at 243 -7010, 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. `A WORKSHOP AGENDA 1. Joint Meeting with the Community Redevelopment Agency (CRA) 2. Commission Comments Please be advised that if a person decides to appeal any matter considered at this meeting, such person will nee evidence upon which the appeal is based. The City neijffi iade by the City to that a verbatim r-fford Dr prepares such record. r 1 rr7mission with respect to any includes the testimony and MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Interim City Manager DATE: March 1, 2013 SUBJECT: AGENDA ITEM WS.1 - WORKSHOP MEETING OF MARCH 6, 2013 JOINT MEETING WITH THE COMMUNITY REDEyELOPMENT AGENCY (CRA) lwqkk ITEM BEFORE COMMISSION 16, The item before Commission is a joint meeting with the Community Redevelopment Agency (CRA). BACKGROUND At the February 19, 2013 Regular Meeting, the City Commission vototo have a joint workshop meeting with the CRA. Some topics for discussion were submitted by Commissioner Morrision; some of these topics include: -An update on all CRA- owned in the City, their zoning, and their proposed /in- process disposition. 0 - Information on the RFP process in use and a discussion on how the process could be adjusted to be more efficient, draw mow' terest/offers, etc. -A discussion of the current CRA dis e area has evolved and how it can be changed to make the City more tietnt, ffective , and fisca y- sustainable. -A discussion rr rders and how they can/could be changed to reflect current conditions. � the change to the eastern border of the CRA from AIA to the ICW or impact envisioned from the change. a plan for regularly - scheduled meetings of these two groups (City Commission and r communication and maximum benefit for our City. the following documents which are attached for your review: on CRA RFP process and West Atlantic Properties RFP Document -Memo from the CRA regarding CRA boundaries which includes information on the proposed elimination of the area east of the Intracoastal Waterway -Map of CRA -owned properties :VRA UELRAY BEAC}{ COMMVMIYY HEVEYELOYMEHY AMOY MEMORANDUM Date: March 1, 2013 To: Mayor and City Commissioners From: Diane Colonna, CRA Executive Director RE: Discussion of CRA Request for Proposals (RFP) process Attached for discussion please find the section from the CRA's Operations Manual dealing with the RFP process for larger development sites, and a copy of the RFP that was recently issued for the West Atlantic properties. j Iq IW G Disposition of Large Scale CRA Sites Through RFP Process Larger scale (generally 1+ acres) redevelopment sites may be sold by the CRA. pursuant to the process described below. 1. A decision is made to offer the property for sale based on the goals and objectives of the CRA Plan. 2. The value of the property is determined through the appraisal process (See Property Acquisition Process). 3. A Request for Proposal (RFP) is drafted and reviewed by the Executive Director. NOTE: When the CRA intends to issue an RFP for CRA properties located in the West Atlantic Redevelopment Area, the CRA staff will forward a draft of the RFP to the West Atlantic Redevelopment Coalition (WARC), and provide sufficient time for review and comment prior to the issuance of the RFP. WARC has agreed to promptly review and comment on the draft RFP. WARC's recommendations regarding RFP language will be considered by the CRA staff and board; however, the decision to issue the RFP and the content of the final RFP is at the sole discretion of the CRA Board. 4. Issuance of the RFP is scheduled for CRA Board Approval at a regular Board meeting. 5. Once approved by the board the RFP is formally issued using the City's Purchasing Division process. a. The RFP is published on appropriate websites and newspapers (the Executive Director's approval is required for all advertising), such as but not limited to : i. CRA ii. City iii. Florida Redevelopment Association (FRA) iv. The Palm Beach Post v. Demand Star b. Depending on the project, notification of the RFP may also be: i. Sent to interested people/ parties via email. ii. Posted through social media sources. iii. E- mailed to various developer & constructed -- related organizations. iv. Advertised in business /development publications. 6. Unless otherwise noted, the CRA staff and Board adopt a "No Lobbying Policy" which prevents any form of direct contact between prospective proposers and CRA staff /board members. All inquiries and comments must be submitted in writing to the City's Purchasing Division, who will forward them to the CRA. The one exception to this policy is the scheduled Pre - Submittal Meeting, which is described below. 7. Pre - Submittal Meeting —CRA staff and City Purchasing staff will conduct this meeting in order to outline the major objectives and requirements of the RFP, and answer questions from prospective respondents. Attendees are asked to log in their names and contact information in order to receive updates and notices on the RFP. This is the only opportunity for CRA staff to interact directly with respondents regarding the contents of RFP. 8. Time Provided for Responses– Per .F.S 163.80 A minimum response time of 30 days must be provided, however, with larger redevelopment sites a response time of 90 to 120 days is recommended. Submission, Review and Selection of Proposals 1. Sealed proposals must submitted to the City's Purchasing Division by the deadline date and time listed in the RFP. Note: Proposals submitted AFTER the specified date and time will not be accepted. 2. The sealed proposals are opened in accordance with the following: a. At least two (2) people are required to be in the room when the proposals are opened. b. Each respondent and the bid price are logged. c. Proposals are evaluated to verify that all required information is included and to determine if the proposals can be considered "responsive ". Respondents who do not submit required information (as noted in the RFP), may be considered "nonresponsive" and disqualified. 3. Depending on the number of responses received a "Selection Committee" may be established. d. If applicable, qualified responses are distributed to each member of the Selection Committee along with an Evaluation Sheet (P: /RFB -RFP- RFQIRFPIRFP Evaluation Sheet) for rating each proposal I e 2 Financial information, proformas, projections of tax and other revenues, etc. are transmitted to one of the CRA's development consultants for V analysis and review. f. The Selection Committee meets to discuss the ratings of each proposal. g. The top three rated most responsive proposals will be scheduled for presentations to the CRA Board. Note: Depending on the number of respondents the number of proposals selected to present may change. NOTE: When the RFP involves properties located in the West Atlantic Redevelopment Area, the West Atlantic Redevelopment Coalition (WARC) will be notified at least one week prior to the meeting date when developers responding to RFPs are scheduled to make presentations to the CRA Board. Whenever possible, the CRA will defer its decision on the selection of a developer to the next available CRA Board meeting in order to provide WARC the opportunity to comment and /or make a recommendation on the respondents' proposals. WARC agrees to hold their meeting to discuss the pending proposals or otherwise obtain input from WARC board members and the community in a timely fashion in order to keep the CRA's selection process on track. 4. Depending upon the number of presentations being made, selected respondents are given 20 to 30 minutes to present their proposals to the CRA Board, plus time for questions. 5. By motion and vote, the Board selects a respondent and directs staff and the CRA attorney to begin the Contract negotiations. Contract Negotiations /Development Approval Process 1. CRA staff and CRA's attorneys may hold several meetings with the buyer or buyer's representative to negotiate the terms of the Purchase and Sale (or Lease) Agreement. 2. CRA's attorneys prepare the Agreement, which is transmitted to appropriate parties for review and comment. If applicable, agreements for development incentives, public /private partnership arrangements, shared parking contracts or any other related agreement should also be negotiated during this period 3. The Agreement and related documents are scheduled for approval by the Board. 4. Upon approval by the Board of a Purchase and Sale or Lease Agreement, a "Notice of Intent to Sell or Lease a Property" is posted at the City Clerk's office for a minimum of 30 days, per F.S. 163.80. (If alternative offers are received within a 30 -day time frame, such offer or offers shall be scheduled for consideration by the CRA Board.) If there are no competing offers the Agreement for Purchase and Sale (or Lease, if applicable) can be executed by all parties 5. Once the Agreement is executed the developer may proceed with application to the City for all necessary approvals (i.e. Conditional Use, Rezoning, site plan, building permits etc.). 6. NOTE: If the agreed upon price for the property is considered to be less than "Fair Value" (not defined as appraised or market value), the agreement may require approval by the City Commission. See box below. NOTE: FAIR VALUE — Pursuant to F.S. 163.380(2), Such real property or interest shall be sold, leased, otherwise transferred, or retained at a value determined to be in the public interest for uses in accordance with the community redevelopment plan and in accordance with such reasonable disposal procedures as any county, municipality, or community redevelopment agency may prescribe. In determining the value of real property as being in the public interest for uses in accordance with the community redevelopment plan, the county, municipality, or community redevelopment agency shall take into account and give consideration to the long- term benefits to be achieved by the county, municipality, or community redevelopment agency resulting from incurring short -term losses or costs in the disposal of such real property; the uses provided in such plan; the restrictions upon, and the covenants, conditions, and obligations assumed by, the purchaser or lessee or by the county, municipality, or community redevelopment agency retaining the property; and the objectives of such plan for the prevention of the recurrence of slum or blighted areas. In the event the value of such real property being disposed of is for less than the fair value, such disposition shall require the approval of the goveming body, which approval may only be given following a duly noticed public hearing. Closing 1. Once the project has received all City approvals and building permits have been issued the Purchase and Sale Agreement can proceed to closing. 2. Typically a document allowing for reversionary rights on behalf of the CRA is executed at closing, providing the CRA with the ability to repurchase the property within a specified time frame if the development does not proceed in accordance with a stipulated schedule. Post - Closing Upon closing CRA staff will: i. Update the CRA Property list to show the property as "Sold ". ii. Submit an executed Property Transaction /Insurance Form to Finance to have the property removed from Insurance and Assets. iii. If a portion of an overall parcel identified by one property control number, verify that closing agent provides a separate notification to the Palm Beach County Property Appraiser's Office (copy the PBC Tax Collector's Office) to assign a new Property Control Number for the disposed property. iv. Update Quarterly Report from the Auditors (DM) v. Update CRA Owned /Sold Property List (DM) vi. File Maintenance (Electronically and Physically) (DM) vii. Remove Property from Property Maintenance Schedule (PA) Ilo L CRA PROJECT NO.: GRA2013 -03 REQUEST FOR PROPOSALS WEST ATLANTIC AVENUE PROPERTIES A REDEVELOPMENT OPPORTUNITY IN DOWNTOWN DELRAY BEACH MoiRA D C L R A Y B i ACS CONUUNITY SE➢EVELGPYENT AGENCY RELEASE DATE: March 1, 2013 SUBMISSION DEADLINE: April 30, 2013 Cal 2:00 pm THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY Howard Lewis, Chair Peter Arts, Vice -Chair Cathy Balestriere, First Vice Chair William "Bill" Branning, Treasurer Veronica Covington Herman Stevens Annette Gray INVITATION The Delray Beach Community Redevelopment Agency (CRA) hereby requests proposals from interested parties for the lease or purchase and redevelopment of properties owned by the Delray Beach CRA. The redevelopment sites are located on the south side of West Atlantic Avenue, between SW 7 t and 9th Avenues, within the West Atlantic Avenue business corridor. The redevelopment sites are zoned CBD (Central Business District — West Atlantic Neighborhood). The sites that are currently under the ownership of the CRA contain 2.5 acres more or less. A legal description of the individual parcels is provided in Appendix "B" of this RFP. Proposers may submit development proposals which include a portion of or all of the sites, depending upon their particular needs. The CRA has long encouraged a development pattern along the West Atlantic Avenue corridor that includes a combination of surface and structured parking to the rear of the properties fronting the Avenue. The development program includes the construction of multi- story single or mixed -use buildings. The desired uses include office, retail, service, and neighborhood - oriented commercial uses. Residential uses are acceptable, but not a priority. The CRA encourages the provision of parking that can be shared by multiple users and made available to the public, especially during off -peak hours. The CRA is vested by the State of Florida pursuant to its powers under Florida Statutes, Chapter 163, Part III, the Community Redevelopment Act of '1969 as amended, with the authority to request proposals for the redevelopment of any area within its district in order to effectuate. redevelopment pursuant to the goals and objectives of the CRA Redevelopment Plan. Factors that the CRA will use in judging the proposals include, but are not limited to, the proposer's experience and financing capabilities, the quality of planning, urban design and architecture, the number of new jobs being created, the inclusion of a local employment hiring program (if any), the services and/or economic benefit made available by the project to the surrounding community, the percentage and pricing structure of the residential component (if proposed), and the proposal's consistency with the Community Redevelopment Plan (CRA Plan), Downtown Master Plan, Southwest Area Neighborhood Redevelopment Plan, West Atlantic Avenue Redevelopment Plan, the updated Downtown Cluster Study. (Jan, 2011), and the West Atlantic Area Needs Assessment (October, 2012). Selection criteria are discussed in more detail within this RFP. In addition, the CRA will also consider the proposer's ability to implement the project in an expeditious manner. Upon receipt of an acceptable proposal and a negotiated contract with the successful proposer, as well as the applicant's compliance with conditions precedent to closing, the CRA will close on the property as described in the Request for Proposals (RFP), or as agreed to pursuant to the contract negotiated between the proposer and the CRA. Any contracts /agreements associated with a proposal to close prior to obtaining all necessary approvals and construction financing, will include reversionary and buy -back provisions for the property to revert to the Delray Beach CRA should the buyer not meet terms and conditions of N, the contractslagreements, including commencement of the project within an agreed upon time. Proposers are required to submit one (1) unbound printed original and ten (10) copies, along with an electronic version (PDF) of the full response, sealed and marked on the outside of the package "2013 West Atlantic Avenue Redevelopment Proposal ", delivered to the City of Delray Beach Purchasing Division in City Hall, 100 NW 1 s� Avenue, Delray Beach, FL 33444 on or before 2:00 pm on April 30, 2013. A. Development Objectives The properties are located in the area designated as "Cluster V in the Downtown Cluster Analysis and Retail Strategy. The study and its most recent update suggest that successful retail uses in this cluster may not only serve the surrounding neighborhoods, but the entire city and its visitors as well. An urban -style grocery store (up to approximately 28,000 sq. ft.), a pharmacy, specialty apparel, restaurants, gift shops, as well as non-- retail services may be appropriate. The site's proximity to 1 -95 and "Cluster 2 ", which contains numerous government facilities and the tennis stadium, also lend support for office uses and mixed - use developments. The CRA's preference for redevelopment of the properties is a single- phased project with a mix of uses consisting of Class 'W' office space with neighborhood - oriented commercial (i.e. grocery store, pharmacy, and bank), retail and restaurant use components on the ground floor as well as public /shared parking. Residential units are not considered to be a priority use for the properties; however proposals including a residential use in conjunction with a non - residential use will be considered, as will other uses that generate a significant number of permanent livable wage jobs. Proposals must be consistent with the City of Delray Beach's Land Development Regulations, Community Redevelopment Plan (CRA Plan), West Atlantic Avenue Redevelopment Plan ( WAARP), Downtown Master Plan, Southwest Area Neighborhood Redevelopment Plan, the updated Downtown Cluster Study (Jan, 2011), and the West Atlantic Area Needs Assessment (October, 2012). The Downtown Master Plan and the West Atlantic Redevelopment Plan call for "gradual redevelopment, with an emphasis on the preservation and enhancement of existing neighborhoods, while promoting a pedestrian friendly corridor that has a mix of residential, commercial, and civic functions." The West Atlantic Redevelopment Plan also suggests that the area is, in the long term, "well suited to absorb office space demand ". In addition, WAARP promotes the shared parking concept. The October 2012 West Atlantic Area Needs Assessment listed the following uses as priorities: Supermarket/Grocery Store; Health/Wellness Facilities /Pharmacy, Bank/Financial Institution; and, Entertainment and Hospitality Cluster (Theater, Jazz Club, Restaurants). The CRA Plan recognizes the downtown as a strategic location for office space, and it emphasizes the importance of the creation of high - paying jobs within targeted industry clusters as an important complement to service sector jobs. These may include corporate headquarters, green jobs and/or jobs in: communication /information technology; life science; business/financial services; clean energy; emerging technologies; and aviationlaerospace. 3 The Plan states that downtown workers would support and strengthen other downtown businesses and would strengthen the residential real estate market. Development Desiqn Buildings on Atlantic Avenue should be no more than four - stories, situated adjacent to the public right -of -way, with lighted, wide and uninterrupted pedestrian sidewalks. The proposed project should have on- street parking along the public rights -of -way, as well as on -site parking lots (or garages) located at the rear of the development. Opportunities for shared parking with adjacent uses are desired. Wide arcades that promote pedestrian friendliness and activities along Atlantic Avenue are encouraged. Refer to the CBD Development Standards /Design Guidelines [LDk Section 4.4.13(F)] for more detail. The response must include a description of the anticipated uses within the redevelopment project, and the uses must be currently permissible under the City of Delray Beach Land Development Regulations. The proposer must specify the approximate total square footage of the project and the breakdown of each proposed use. Buildings that incorporate sustainable design concepts as outlined by the Florida Green Building Coalition (FGBC) are encouraged. FGBC offers a voluntary state- wide "Green Commercial Building Designation Standard" that is achievable by anyone willing to make an effort. For additional information visit: www.floridagreenbuilding.org. B. Description of the Available Properties The subject properties are located within portions of the blocks located between SW 7t" Avenue and SW 9t" Avenue, as shown on the attached map (Appendix "A "). Associated map reference number, Palm Beach County Property Appraiser Property Control Numbers, and legal descriptions are also included (Appendix "B "). The CRA does not make any representations or warranties regarding the status of title with respect to any of the real property which is the subject of this RFP. The properties contain approximately 2.5 acres. C. Land Use Regulations All proposals shall be subject to the City of Delray Beach approval process. The property is zoned CBD (Central Business District — West Atlantic Neighborhood). The CBD zoning in the West Atlantic area allows a variety of retail uses, business and professional office uses, and dwelling units with restrictions. Residential densities are permitted at twelve (12) units per acre with increases up to thirty (30) units per acre allowed as a conditional use subject to the standards and limitations outlined in Section 4.4.13(1) (CBD — Performance Standards) of the City's Land Development Regulations (LDRs) and provided a minimum of 20% of the dwelling units above twelve (12) units per acre are Workforce Housing units. The design of the building will be further regulated by the City's Design Guidelines (CBD Development Standards), which require rd certain "step- backs" in the upper levels of the building(s). Within the West Atlantic Avenue portion of the CBD, a maximum height of 48 feet is allowed. Each district prescribes a review and approval process for development as well as development standards. For a complete list of Permitted, Conditional, and Accessory Uses allowed in these districts, see www.mydelraybeach.com, Planning and Zoning Department, Land Development Regulations, Section 4.4.13. Proposers should confer with the Delray Beach Planning and Zoning Department for information on current regulations that apply to the properties as well as any changes or contemplated changes to the Land Development Regulations. D. Plans and Studies In addition to the Land Development Regulations and the Community Redevelopment (CRA) Plan, development of the site is addressed in the West Atlantic Redevelopment Plan (amended 2000), the Downtown Delray Beach Master Plan (adopted 2002) and the Downtown Cluster Analysis and Retail Strategy (completed July 2005 & updated January 2011), also known as the "Downtown Cluster Study ", the Southwest Area Neighborhood Redevelopment Plan (adopted 2003), and the West Atlantic Area Needs Assessment (October, 2012). In general, these plans call for development and redevelopment projects to consist of neighborhood — oriented commercial, retail, restaurant or service uses on the ground floor, with office and or residential components occupying secondary floors. Office space may also be developed on the ground floor. Copies of the CRA Plan, Downtown Master Plan, the most recently updated Downtown Cluster Study, and the West Atlantic Area Needs Assessment (October, 2012) may be downloaded at www.delraycra.org.' The West Atlantic Avenue Redevelopment Plan and Southwest Area Neighborhood Redevelopment Plan may be downloaded at: http://mydelraybeach.com /planning- and - zoning /long- range - planning /redevelopment- Ip ans. E. Economic Development Incentives & Public /Private Partnership Opportunities State and County Incentives; A company that brings jobs to the State of Florida and to Palm Beach County may qualify for certain incentives depending on the wage scale and number of jobs created. Local and State government provide various types of assistance to new and expanding businesses that create employment. The level of assistance depends on the number of jobs created and the wage /benefits provided. For more information on County and State Incentives contact the Business Development Board of Palm Beach County at www. bd b. or CRA Incentives. In 2010, the CRA Board established economic development incentives to catalyze investment, to promote opportunities for new and expanding businesses, to create jobs, 5 G H. and for the creation of Class "A" office as follows; Job Creation Bonus (JCB) Program, Relocation and Development Incentive (RDI) Program, Land Value Investment (LVI) Program, Real Estate Development Partnership (REDP) Program, Loan Interest Subsidy (LIS) Program, and Development infrastructure Assistance (DIA) Program, These programs may be utilized in response to the RFP. A detailed description and brochure of each program may be downloaded at www.delraycra.org. The incentives are contingent on CRA funding availability, CRA Board approval, and the execution of an Agreement by the CRA and the Applicant. Incentives are not to be construed as an entitlement, or right of a property owner or applicant. The Delray Beach CRA has the right to approve or deny any grant and/or incentive application in its sole discretion and absolute determination and evaluation. Application is not a guarantee of assistance. Public- Private Partnership Opportunities: In addition to the CRA Incentives outlined above, the Delray Beach CRA may consider partnership opportunities where the CRA would become co -owner of the development project. One such scenario could include the CRA owning a limited area of office and /or retail space in the development and leasing that space to a tenant or tenants who would help fulfill the CRA Plan Objectives. Survey Surveys of the identified properties are available for viewing at the CRA offices and are available electronically upon request Streets and Alleyways According to the Palm Beach County Traffic Division, the peak season daily traffic volume for 2012 on West Atlantic Avenue between 1 -95 and SW 8th Avenue was 41,848 trips, and between SW 8th and Swinton Avenues was 26,620 trips. Within the block between SW 8th and 9th Avenues, there are existing alleyways that run north to south and east to west, which could be utilized for driveway access or abandoned as part of this redevelopment effort. It is noted the site is located within the City's Transportation Concurrency Exception Area (TCEA). The TCEA exempts the above- described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance, Palm Beach County Impact Fees Development of the property will be subject to Palm Beach County Impact Fees. Please contact the Impact Fee Manager for PBC, Willie Swoope at 561- 233 -5025 for additional information or go to www.r)bcciov.com /pzb /impactfeesl to download relevant information. me L Appraisal An appraisal of the subject properties was completed in March 2012, and is available in electronic form upon written request to the City of Delray Beach Purchasing Division. Bidders should not rely solely on the information in the appraisals when compiling a proposal. The appraised value should be considered with all offers and requests for economic development incentives. J. Environmental Study Environmental Site Assessments were conducted and electronic copies are available upon written request to the City of Defray Beach Purchasing Division. K. Bid Bond The proposer must submit with the proposal, a Bid Bond from an acceptable surety or cash sum represented by a cashier's check in favor of the CRA in an amount equal to fifteen thousand dollars ($15,000). The initial bid bond will be returned after one hundred twenty (120) days from the date of delivery (submission deadline) to any proposer who has not been selected to negotiate a contract with the CRA during that period or with any proposer with whom any negotiations have been terminated. For the successful proposer, the bid bond will be returned at the time of execution of the contract for sale and purchase of the property and a deposit has been made as part of the contract. L. Deposits A non - refundable application fee of $250 will be required to cover processing costs. Checks should be made out to the Delray Beach Community Redevelopment Agency. M. Proposal Content The following describes certain information that the CRA will require in proposals submitted in response to the RFP. Failure to provide any of the information may be cause for rejection of the proposal at the sole and absolute discretion of the CRA. The proposer shall submit one (1) unbound printed original and ten (10) copies of the proposal, as well as an electronic version (PDF) of the entire proposal. Proposals shall, describe the project and the proposer's qualifications in the following format with each section tabbed for ease of review: 1) Identify what portion or portions of the redevelopment site they are seeking to acquire and develop (i.e., entire site, west portion, east portion). 2) State the anticipated uses within the redevelopment project. The uses must be currently permissible under the City of Delray Beach Land Development 7 Regulations. Specify the total square footage of the project and the breakdown of each proposed use. Proposer may submit letters of intent from committed and/or potential tenants if possible. 3) Submit a conceptual site plan and one or two conceptual elevations on a sheet or sheets measuring 24" by 36" at a scale of one inch equals twenty feet (1" = 20'). The site plan should include, at a minimum, the location of proposed building(s) and the public streets surrounding the site. The plans must indicate the height(s) of all proposed buildings. Parking, sidewalks, and major landscaping features should be illustrated. In addition the Proposer should reduce the site plan to a format measuring 8 "/2" by 11" or 11" by 17" for ease of distribution, and an electronic version of the same on .PDF format. 4) Submit basic floor plans of the proposed buildings on a sheet or sheets measuring 24" by 36 ", primarily for the purpose of indicating the square footage of each use. The Proposer may choose an architectural scale appropriate to communicate the concept of the proposed project. In addition the Proposer should reduce the floor plans to a format measuring 8 1/z' by 11" or 11" by 17" for ease of distribution, and an electronic version of the same on PDF format. 5) State the offering price or lease amount for the property. The offering should state the terms of payment, the anticipated closing date if applicable, and any conditions, contingencies, and additional requirements that affect the purchase. 6) PLEASE NOTE: Any offers for less than appraised market value or current lease rates for the area must compensate for the reduced value in the form of benefits to the public or the local community (i.e., a program for providing jobs to local residents, etc.). In addition, the sale or lease of the property by the CRA for less than the market value may require approval of the City Commission, depending upon a determination of the value of any alternative benefits provided. Proposers seeking to lease the property through the Land Value Investment (LVI) Program must submit a completed LVI Program Application form. Identify the proposed CRA incentive programs, amount of funding requested, details of the costs and financial benefits to the CRA as well as details of how the proposed incentive is consistent with the objectives of the Community Redevelopment Plan and the applicable plans adopted by the City of Delray Beach. If a joint venture with the CRA is contemplated, the terms of such an arrangement must be specified, including the proposed financing arrangements, ownership structure, the responsibilities of each entity, and other pertinent information. Proposers intending to utilize one or more CRA incentive or grant programs must complete the appropriate program application and include it with their response. 7) If additional property /properties are to be incorporated into the development, the RFP response must include proof of ownership of that property, or a valid, signed sales contract indicating the owner's agreement to sell the property to the proposer. If additional property is to be used to meet the minimum requirements for off -site parking, a valid, signed agreement for the use of the property in compliance with the Land Development Regulations must be included in the RFP response. In the absence of such documentation the additional property(ies) or parking will not be considered in evaluating the proposal. Contact information for certain adjacent property owners can be obtained by written request to the CRA via the City's Purchasing Division. 8) Submit a time schedule for the completion of the project including the building, parking, and off -site improvements. The CRA's preference is single -phase development. Phased projects will be evaluated less favorably. However if the project is proposed to be developed in phases, then the time schedule should reflect the phases based upon realistic development time frames. 9) Submit a total project cost analysis stating, by category, the major elements of the project. The major cost items shall include, at a minimum, land costs, site development costs (including but not limited to paving, grading, drainage, landscaping, site lighting, right -of -way improvement, and surface parking) building construction costs (including parking garages, if applicable), permit and impact fees, tenant improvement allowances, architectural and engineering costs, marketing costs, financing costs, and any other significant costs. The intent of this preliminary development budget is to assist in evaluating the financial feasibility of the project at this conceptual stage and it should be realistic given the proposer's experience. 10) Submit a preliminary operating pro forma estimating the development's operating income and expenses for a period of time (minimum 10 years) after completion to demonstrate financial feasibility, and should include the following: Projections of sales and/or leases over time. This should also provide information on anticipated sale /lease rates for the commercial and residential uses, including vacancy contingency through time. Estimates of project operating expenses (including property taxes, insurance and maintenance costs), annual debt service, and marketing and sales costs. Gross Income, Net Operating Income, Developer Cash -Flow before taxes, and Return on Investment to project partners and investors. 11) Submit a financing plan which includes a proposal for securing construction and permanent financing for the project. The financing plan should account for all debt and equity investment required to fund the project as well as an analysis of the project's return on investment, debt service coverage ratio and other financial information that will indicate the financial strength of the proposed development. 9 Third party evidence of an ability to secure financing such as a preliminary financing commitment letter or letter of interest from a lending institution or other primary source of investment financing must accompany the RFP response. A firm financing commitment from a lending institution or other source of investment financing will be required prior to the closing of the sale of the land, or as otherwise stipulated in negotiated agreements between the proposer and the C RA. 12) Submit information that permits an understanding of the Proposer's organizational structure, its members, qualifications, and financial strength, The CRA reserves the right to research the background of each principal with respect to both credit and police records. The Proposer must submit a signed consent form, attached herein, as part of the proposal. The following information is required in the submission for this paragraph. G 1 a. Description of the legal organizational structure of the Proposer (and its parent entity, if it is a subsidiary). If the Proposer intends to create a separate entity solely for the purpose of developing the proposed project, then each partner or stockholder or member should describe their respective legal organizational structure. b. Identification of the Proposer's principals, partners, officers, or co- venturers, including names, addresses, telephone and fax numbers and federal business identification numbers. c. Information concerning the relevant experience of the Proposer and key project personnel, including a listing and description of past projects. d. A minimum of three (3) professional references. e. In addition, the proposer must make available for inspection at his or her place of business, a current (audited, if available) financial statement of the proposing entity which includes a balance sheet, a three -year statement of past income, and a projected one -year income statement for the current fiscal year for the proposer (and its parent entity if it is a subsidiary). If the proposing entity is to be created specifically for the intended project or if the proposing entity is less than three years old, then each partner or stockholder must submit its own financial statement as described above. Information regarding any legal or administrative actions, past or pending, that might impact the capacity of the proposer (or its principals or affiliates) to complete the project must be disclosed. Disclosure of any bankruptcies, foreclosures and other legal actions past or pend_inq by any of the above or related entities during the past ten years must be made with the RFP. 01 N. Buy -Back Provision The CRA will require a buy -back provision to be negotiated as part of the final contract in the event the purchaser fails to complete its obligations for the commencement of the project within an agreed upon time. O. Registration and Addenda All interested parties must register their name, address, telephone number and e -mail address at the City of Delray Beach Purchasing Division in order to receive any changes, additions, addendums or other notices concerning this project. P. Pre - Submittal Meeting A pre - submittal meeting will be held at 3:00 pm, March 11, 2013, at Delray Beach City Hall, First Floor Conference Room, located at 100 NW 15t Avenue, Delray Beach, FL 33444. Attendance is on a voluntary basis. PLEASE NOTE: This will be the only opportunity for applicants to directly address CRA staff regarding the RFP. Q. Site Visits Any interested party may visit the site at any time. R. Selection Criteria Factors that the CRA will use in evaluating proposals include, but are not limited to, the following (factors are NOT listed in priority order): 1. The qualifications (previous experience and capabilities) and financial capacity of the proposer as they would indicate its ability to complete the project in a timely manner. 2. The extent to which the proposal complies with the criteria set forth under Sections "A" (Development Objectives) and "C" (Plans & Studies). 3. The quality of site planning and building design proposed for the project. 4. Consistency of the proposal with the City's LDRs and applicable plans and studies. 5. The extent to which the proposed land uses are compatible with and support the other uses in the surrounding commercial and residential neighborhoods. 6. The prospects for market and financial feasibility of the proposed project. 11 7. The ability of the development to create a combination of high- paying jobs and service sector jobs; and the number and quality of jobs created. Proposers that include a local employment hiring program that commits to hiring from the local labor market during the construction phase, or the eventual permanent hiring phase, will be given additional consideration. Any such local hiring proposals will also be factored into the qualification for CRA grants and incentive programs attached to the project and the ultimate payout of those incentives. 8. Letters of commitment from proposed commercial tenants /users. 9. The quality and thoroughness of the Development's Operating Pro Forma 10. The potential tax revenues generated by the project. 11. The level of commitment of financing sources. S, Proposals and Disposition Process Sealed proposals must be filed with the City of Delray Beach Purchasing Division at its offices located at 100 NW 15i Avenue, Delray Beach, FL 33444, no later than 2:00 pm, April 30, 2013. Purchasing staff will open the proposals after that time and review them for compliance with submission requirements. The CRA will establish a Review Committee to review and rank all qualified proposals in accordance with the selection criteria listed above and the redevelopment objectives of the CRA. The West Atlantic Redevelopment Coalition (WARC) will have the opportunity to provide comments regarding the respondents' proposals. Up to three (3) of the top ranked proposers will be invited to make presentations at a scheduled advertised CRA board meeting, at which time the CRA board may select a development proposal. The CRA Board will select the top ranking proposal no later than their regular meeting on June 13, 2013. The CRA reserves the right to negotiate such terms and conditions with the successful proposer as it deems in the public interest at its sole and absolute discretion. In the event a contract is not negotiated to the CRA's satisfaction, the CRA may abandon such negotiations, and at its sole and absolute discretion may commence negotiations with the next ranked proposer. All proposers should be familiar with the requirements of Florida Statutes Chapter 163.380 to which this solicitation is subject. Proposals submitted to the CRA in response to this RFP shall be considered irrevocable until after a bidder is selected to enter into contract with the CRA. Withdrawal during this period or a failure to participate in the requirements of the bid process shall result in a forfeiture of the deposit. Any and all decisions by the CRA to modify the schedule described herein, requests for additional information, reject insufficient or unclear proposals, formulate an objective FF point system for review, rate and rank proposals, negotiate agreements, abandon negotiations, approve agreements, etc., shall be at the CRA's sole and absolute discretion and no protests whatsoever shall be considered by the CRA. Submittal of a reply to this solicitation on the part of any and all proposers constitutes acceptance of this policy. T. Right to Withdraw Chapter 163.380 requires that once a contract is negotiated, the same must be filed with the City of Delray Beach Clerk with the Notice of Intent to Award such contract thirty (30) days prior to the execution of such contract. The CRA specifically reserves the right to refrain from awarding a contract for the sale of any or all of the subject property to any persons and to withdraw from the process and/or negotiations at any time at its sole and absolute discretion. The CRA reserves the right to enter into a contract with any of the proposers on the basis of the impact on redevelopment by the proposed project at the CRA's sole and absolute discretion and not necessarily to the proposer offering the highest purchase price. The CRA expressly reserves the right to obtain economic feasibility studies or third party evaluation with regard to any part of the subject proposals. U. No Lobbying /Contact Permitted As to any matter relating to this RFP, any Proposer, team member, or anyone representing a Proposer is advised that they are prohibited from contacting or lobbying the CRA Chair, any CRA Commissioner, CRA staff, or any other person working on behalf of the CRA on any matter related to or involved with this RFP. For purposes of clarification, a team's representatives shall include, but not be limited to, the Proposer's employees, partners, attorneys, officers, directors, consultants, lobbyists, or any actual or potential subcontractor or consultant of the Proposer and the Proposer's team. All oral or written inquiries are to be directed to the Procurement Official. Any violation of this condition may result in rejection and/or disqualification of the Proposer. This "No- Lobbying Provision" is in effect from the date of publication of the RFP and shall terminate at the time the CRA selects a proposal, rejects all proposals, or otherwise takes action which ends the solicitation process. V. Questions Questions and inquiries concerning the proposal and specifications of the solicitation shall be submitted in writing and directed to the City of Delray Beach Purchasing Division, 100 N.W. 15l Avenue, Delray Beach, FL 33444 (or at nada10)mydelrayb each. com) for receipt no later than ten (10) calendar days prior to the date set for receiving proposals. Oral explanations, information and instructions shall not be considered binding on the CRA. All prospective proposers are encouraged to independently verify the accuracy of any information provided. Neither the CRA nor any of its agents or employees shall be responsible for the accuracy of any oral information provided to any proposer. 13 W. Minimum Offer As indicated in Section "I" above, an appraisal of the subject properties was completed in March 2012, and is available in electronic form upon written request to the City of Delray Beach Purchasing Division. Any offers to lease or acquire the property for less than the appraised value must indicate the value of other items of a public benefit, such as creation of jobs, parking and open space, provision of affordable housing, etc as well as stating the specific benefits that the proposed project would bring to the surrounding area. Pursuant to Section 163.380(2), Florida Statutes, offers for the acquisition of the properties for less than fair value shall require approval by the Delray Beach City Commission. 14 Anticipated Schedule for RFP RFP Advertised: March 1, 2013 Pre - submittal meeting: March 11, 2013 @ 3:00 pm, Delray Beach City Hall, First Floor Conference Room, 100 NW 1st Avenue, Delray Beach, FL 33444, (Attendance is on a voluntary basis. PLEASE NOTE: This will be the only opportunity for applicants to directly address CRA staff regarding the RFP.) RFP Response Deadline: April 30, 2013 @ 2:00 pm, City of Delray Beach Purchasing Division office located at 100 NW 1$t Avenue, Delray Beach, FL 33444. Review, ranking and selection of top respondents by Selection Committee no later than: May 16, 2013 Presentations made by top respondents to CRA Board of Commissioners: Starting at 6:00 pm May 23, 2013 – Delray Beach City Hall, City Commission Chambers, 100 NW I" Avenue, Delray Beach, FL 33444 Approval of selected respondent by the CRA Board of Commissioners no later than: June 13, 2093. (Note: Dates above are subject to change — registered bidders will be notified by e -mail of changes, if any.) 15 DISCLOSURE AND DISCLAIMER This request for proposal ( "RFP ") is being issued by the Delray Beach Community Redevelopment Agency (hereinafter known as the "CRA"). As more fully set forth in this RFP, any action taken by the CRA in response to proposals made pursuant to this RFP, or in making any award or failure or refusal to make any award pursuant to such proposals, or in any cancellation of award, or in any withdrawal or cancellation of this RFP, either before or after issuance of an award, shall be without any liability or obligation on the part of the CRA. In its sole discretion, the CRA may withdraw this RFP either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from this RFP. In its sole discretion, the CRA may determine the qualifications and acceptability of any party or parties submitting proposals in response to this RFP (each such party being hereinafter a "Proposer "). Following submission of a proposal, the Proposer agrees to promptly deliver such further details, information and assurances including, but not limited to, financial and disclosure data, relating to the proposal and/or the Proposer, including the Proposer's affiliates, officers, directors, shareholders, partners and employees, as requested by the CRA. The information contained herein is provided solely for the convenience of Proposers. It is the responsibility of a Proposer to assure itself that information contained herein is accurate and complete. Neither the CRA, nor its representatives, provide any assurances as to the accuracy of any information in this proposal. Any reliance on the contents of this RFP, or on .any communications with CRA representatives shall be at each Proposer's own risk. Proposers should rely exclusively on their own investigations, interpretations and analyses in connection with this matter. This RFP is being provided by the CRA without any warranty or representations, express or implied, as to its content, accuracy or completeness, and no Proposer or other party shall have recourse to the CRA if any information herein contained shall be inaccurate or incomplete. No warranty or representation is made by the CRA that any proposal conforming to these requirements will be selected for consideration, negotiation or approval. The CRA shall have no obligation or liability with respect to this RFP, or the selection and award process contemplated hereunder. The CRA does not warrant or represent that any award or recommendation will be made as a result of the issuance of this RFP. All costs incurred by a Proposer in preparing and responding to this RFP are the sole responsibility of the Proposer. Any recipient of this RFP who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer and agrees to be bound by the terms hereof. Any proposal submitted pursuant to this RFP is at the sole risk and responsibility of the party submitting such proposal. This RFP is made subject to correction of errors, omissions, or withdrawal without notice. Information contained in the RFP is for guidance only and each recipient hereof is cautioned and advised to independently verify all of such information. In the event of any differences 16 between this Disclosure and Disclaimer and the balance of the RFP, the provisions of this Disclosure and Disclaimer shall govern. The CRA reserves the right to select the proposal which, in the opinion and sole discretion of the CRA, will be in the best interest and/or most advantageous to the CRA. The CRA reserves the right to waive any irregularities and technicalities and may, at its discretion, request re- submittal of proposals. All expenses in preparing the proposal and any re- submittals shall be borne by the Proposer. The CRA and the Proposer will be bound only if and when a proposal, as it may be modified, is approved and accepted by the CRA, and the applicable agreements pertaining thereto are approved, executed and delivered by the Proposer to the CRA, and then only pursuant to the terms of the agreements executed by the Proposer and the CRA. All or any responses to this RFP may be accepted or rejected by the CRA for any reason, or for no reason, without any resultant liability to the CRA. The CRA is governed by the Sunshine Law and the Public Records Law of the State of Florida and all proposals and supporting data shall be subject to disclosure as required by such laws. All proposals shall be submitted in sealed bid form and shall remain confidential to the extent permitted by the Public Record Law until the date and time selected for opening responses. 17 ACKNOWLEDGMENT LETTER PROPOSERS SHALL INCORPORATE THIS ACKNOWLEDGEMENT LETTER IN THEIR SUBMITTAL PACKAGE Re: City of Delray Beach Community Redevelopment Agency West Atlantic Avenue Request for Proposals dated March 1, 2013 To: Procurement Official, The undersigned has read the Delray Beach Community Redevelopment Agency's ( "CRA ") Request for Proposal ( "RI=P ") for West Atlantic Avenue dated March 1, 2013. On behalf of our proposal team, we agree to and accept the terms, specific limitations and conditions expressed therein. We have read, rely upon, acknowledge and accept the CRA's disclosure and disclaimer, which is fully incorporated by reference into this letter, and certify that the following requirements as further described in Section "M" of the RFP are enclosed (please initial each item): 1. Identification of the portion or portions of the redevelopment site that the proposer is seeking to acquire 2. Identification of a use or combination of uses that meets or exceeds the project goals including parking ratios, and provides economic impact to the West Atlantic Redevelopment Area. 3. A conceptual site plan including one or two conceptual elevations that visually describe the project, as well as basic floor plans. 4. Provide a development plan and timeframe for project development and construction 5. Price or lease amount that is being offered for the property, including the terms of payment, anticipated closing date, and any contingencies or requirements that would affect the acquisition 6. Identification of CRA economic development incentives, if being requested, including completed applications for selected incentive programs, details about the amount of funding requested, and how the incentives are consistent with objectives of the CRA plan and applicable plans for the area 7. if additional property(ies) are being included, submit proof of ownership or valid signed sales contract indicating owner's agreement to sell the property to the proposer 8. Time schedule for completion of project including building, parking, and off -site improvement 9. Total project cost analysis stating major elements of the project, including at a minimum, costs for land, buildings, parking, plans, marketing, financing, etc. Include projections of sales and/or lease over time, and estimates of project expenses including debt, marketing and sales, and return on investment 10. A plan for securing construction and permanent financing, including a preliminary financing commitment letter or letter of interest from a lending institution. I 11. Information which permits an understanding of the Proposer's organizational structure and applicable information indicating the Proposer's financial strength as detailed in the RFP 12. A Bid Bond from an acceptable surety or cash sum represented by a cashier's check in favor of the CRA in an amount equal to fifteen thousand dollars ($15,000). 13. A non - refundable application fee of $250 to cover processing costs, check made payable to the Delray Beach CRA. 14. This Acknowledgment Letter properly signed in ink by the individual having the authority to bind the Proposer to this application 15. Required proposal documents delivered to the City of Delray Beach Purchasing Division office at 100 NW 1 st Avenue Delray Beach Florida on or before the due time and date And further certifies warrants and represents: • The only person(s) designated as principal(s) is (are) named therein and that no other person(s) other than those therein mentioned has (have) any interest in the proposal or in the contract to be entered into. • The proposal is made in good faith and without collusion or fraud. • The submission of a proposal signifies that the Proposer understands and agrees to all elements of the proposal, and that such proposal may become part of any contract entered into between the CRA and the Proposer. • The selected Proposer will be precluded from assigning, transferring, conveying, subletting or otherwise disposing of the selection rights and ensuing contracts, if any, or of any or all of the rights, titles or interest therein, if any, without prior written consent of the CRA. • All proposals shall become the property of the CRA. Proposals become public record ten days after opening by the procurement office. • This RFP is for guiding each response; it is not to be construed as an offer by the CRA. The contents of this RFP are neither warranted nor guaranteed by the CRA. • The selected Proposer agrees that it is required to make a binding commitment to the project and agreed timetable supported by project completion guarantees and penalties for late completion. • All Proposers must disclose with their proposals the name of any officer, director, or agent who is an employee of the CRA or City of Delray Beach or who owns, directly or indirectly, interest of 10% or more in Proposer's firm or any affiliate. • Pursuant to Fla. Stat. 287.133 any person or firm placed on the convicted vendor list maintained by the State of Florida may not submit a proposal to the CRA for 36 months following the date of being placed on the list. • The selected Proposer agrees that it does not now, and will not during the term of any agreement resulting from this RFP, employ, pay for services or have any business or legal relationship with any officer, director or employee of the CRA. No- Lobbying or Contact Permitted: As to any matter relating to this RFP, any Proposer, team member, or anyone representing a Proposer is advised that they are prohibited from contacting or lobbying the CRA Chair, any CRA Commissioner, CRA staff, or any other person working on behalf of the CRA on any matter related to or involved with this RFP. For purposes of clarification, a team's representatives shall include, but not be limited to, the Proposer's employees, partners, attorneys, officers, directors, 19 consultants, lobbyists, or any actual or potential subcontractor or consultant of the Proposer and the Proposer's team. All oral or written inquiries are to be directed to the Procurement Official. Any violation of this condition may result in rejection and/or disqualification of the Proposer. This "No- Lobbying Provision" is in effect from the date of publication of the RFP and shall terminate at the time the CRA selects a proposal, rejects all proposals, or otherwise takes action which ends the solicitation process. Sincerely, Name of Firm Print Name and Title Authorized Signature (Must be able to legally bind the Firm) Date r0AIA" 20 AUTHORIZATION FOR RELEASE OF INFORMATION To whom it may concern: The undersigned hereby authorizes you to release to the Community Redevelopment Agency of the City of Delray Beach any information in your possession regarding the undersigned either of a professional credit or personal nature including the statement of your opinions with regard to the undersigned's professional credit and personal character. 0 STATE OF FLORIDA COUNTY OF PALM BEACH THE FOREGOING INSTRUMENT was acknowledged before me this of , 2013, by personally known to me or who has respectively produced as identification and did oath. (Seal) Name: Home Address: y Home Telephone Number: Business Telephone Number: Fax Number: Date of Birth: Professional License Number: Notary Public: Print Name: Commission No: My Commission Expires: 21 day who is not take an CITY BACKGROUND AND INFORMATION Delray Beach Information Delray Beach is truly a unique city! From its award winning public downtown nightlife to its excellent neighborhoods, bustling economy cultural activities, Delray Beach offers an unparalleled quality of life. beaches and vibrant , and abundance of Located in the southern end of Palm Beach County, Delray Beach was settled as an agricultural community in 1895. First incorporated in 1911, it became the City of Delray Beach on May 11, 1927. The City has experienced substantial growth from 1,015 people in 1920 to 64,000 people today. Delray Beach encompasses slightly over 16 square miles of land area, of which 90% has been developed. As the City approaches "build- out," growth management has shifted focus to renewal and redevelopment. Delray Beach is a vibrant, growing town, and a great place to do business. It is well into the transition from a seasonal beachside destination to a diverse year - around community. The Delray Beach Community Redevelopment Agency, the City of Delray Beach, Greater Delray Beach Chamber of Commerce, Delray Marketing Cooperative and Downtown Development Authority work to ensure that Delray Beach is business - friendly. Our dynamic, evolving community is constantly energized by the rich diversity of its people and their determined efforts to shape a promising future for themselves, their children, their neighbors and their city. The City's educational system is constantly growing and improving each year, providing our children with unequaled opportunities. We have earned a well - deserved reputation as a city whose citizens take an active role in our neighborhood and community associations and in the affairs of City government. The City was recognized as an All- America City in 1993, was a finalist in the 1998 competition, and was recognized again as an All- America City in 2001. This makes Delray Beach the only Florida city to ever win the designation twice. 22 3 The Delray Beach Community Redevelopment Agency (CRA) "was established by the City Commission in 1955 to guide the City in its redevelopment efforts. The Agency has been proactive in its mission to create and sustain safe, attractive neighborhoods and vibrant commercial districts to live, work and play. The CRA's activities are designed to solve the underlying problems of slum and blighted conditions through planning, redevelopment, historic preservation and affordable housing so that the tax base can be protected and enhanced by these mutually supportive activities. Results of the CRA's efforts are visible throughout its redevelopment area — from the revitalization of the commercial areas to the stabilization and preservation efforts of the neighborhoods throughout the district. The West Atlantic Redevelopment Coalition (WARC) is a non - profit 501(c)(3) organization that was established in 1996 as a result of collaborative planning efforts between the Delray Beach CRA, the City of Delray Beach and the stakeholders of the West Atlantic area. These efforts included the 1993 Visions West Atlantic Community Meetings and the 1995 West Atlantic Avenue Redevelopment Plan. WARC has been tasked with the responsibility of reviewing all development proposals for the West Atlantic area for advisement to the CRA and City (City Ordinance #64 -04, LDR Section 4.5.6 C). WARC's mission is to serve as a vehicle for community redevelopment, linking the resources of the public and private sector to advocate for the improvement of the economic, social and cultural future of the businesses and neighborhoods surrounding West Atlantic Avenue. Downtown Delray Beach has grown tremendously in recent years. Many new mixed -use development projects have been completed in the downtown and include luxury, market rate, and workforce housing units. In the City's southwest neighborhood, a public /private partnership is being formed for the redevelopment of the Delray Beach Housing Authority's former rental housing community. The Community Redevelopment Agency has been a major participant in many of the redevelopment projects in Delray Beach. Recently, the CRA Board approved agreements with Prime Investors and Developers to construct a 95 -room moderately priced hotel on 1.67 acres of CRA -owned property (located on the south side of West Atlantic Avenue, between SW 91h and 10th Avenues), just west of the properties associated with the subject RFP. The following are some of the recent projects located along the West Atlantic Avenue business corridor: • Expansion of the South County Courthouse, which has more than doubled in size and will potentially hold jury trials in the future. • Delray Beach Public Library building is adjacent to the South County Courthouse and shares a high- capacity parking garage facility. • Atlantic Grove Development, on Atlantic Ave. directly across from the South County Courthouse, which is the most recent mixed -use building with retail, professional offices and residential units, all in one facility. Businesses in this niche building are restaurants like Ziree -Thai and Sushi, to professional office solutions like Delray Executive Suites. • Libby Wesley Plaza, at the southwest corner of West Atlantic Avenue and SW 5th Avenue. 23 • Renovations to the Palm Manor Apartments on SW 9t" Avenue, adjacent to the subject properties. • West Atlantic Avenue and NW/SW 5th Avenue Street Beautification Projects. • New and upgraded public parking lots along NW/SW 5th Avenue. • New Artistic Gateway Feature at 1 -95 and West Atlantic Avenue In the Downtown's Central Core, the CRA has been a major partner in the expansion of the Old School Square Cultural Complex, including the construction of the 500- space Old School Square parking garage and Urban Park. In addition, in February , the CRA issued and RFP for the redevelopment of the Old Library site and Chamber of Commerce building in the heart of downtown, known as the Delray Core Business District -- Fourth and Fifth Avenues. These projects will complement the redevelopment efforts and will be catalysts for future redevelopment and investment in the Delray Beach comm us 24 IV APPENDIX "A" MAP 25 APPENDIX "B" CRA - OWNED PROPERTIES (SW 7TH - SW 9TH AVENUES) - LEGAL DESCRIPTIONS MAP NO. PCN LEGAL DESCRIPTION 1 12- 43- 46 -17 -35 -002 -0100 BELAIR HEIGHTS, DELRAY, LT A, BLK 2 2 12- 43- 46- 17 -42- 009 -0080 SUB 17 -46 -43 W 80 FT OF E 300 FT OF S 130 FT OF N 145 FT OF T 9 /LESS RIW SR 8061 3 12- 43- 46 -17 -34 -000 -0040 MYRICKS SUB, LTS 4 & 51LESS RIVV SR 8061 4 12- 43- 46- 17 -34- 000 -0022 MYRICKS SUB, W 5 FT OF LT 2 & LT 3 /LESS RIW SR Wff 5 12- 43- 46 -17 -34 -000 -0021 MYRICKS SUB, LT 21LESS RIVV SR 806 &W6 FT/ 6 12- 43- 46 -17 -34 -000 -0010 MYRICKS SUB, LT 1 ]LESS RIVV SR 8061 7 12- 4346- 17 -42- 009 -0070 17- 46 -43, S 50 FT OF N 195 FT OF E 147 FT OF E 1/2 OF LT 9 8 12- 43- 46- 17 -35- 002 -0010 BELAIR HEIGHTS, DELRAY LTS 1 TO 4 INC BLK 2 9 12- 43- 46- 17 -02- 005 -0120 SUB OF BLK 5 DELRAY BEACH, LTS 12 & 13, BLK 5 10 12- 43- 46- 17 -02- 005 -0150 SUB OF BLK 5 DELRAY BEACH, LT 15, BLK 5 11 12- 43- 46- 17 -02- 005 -0210 SUBDIV OF BLK 5, DELRAY BEACH, LT 21, BLK 5 12 12- 43- 46 -17 -02 -005 -0220 SUBDIV OF BLK 5, DELRAY BEACH, LT 22, BLK 5 13 12- 43- 46- 17 -02- 005 -0230 SUBDIV OF BLK 5, DELRAY BEACH, LT 23, BLK 5 14 1 12- 43- 46- 17 -02- 005 -0240 SUBDIV OF BLK 5, DELRAY BEACH, LT 24, BLK 5 0! 26 I i WRA BETRAY BEACH COMMUNITY AiOEV90P lNT aofucv MEMORANDUM Date: March 1, 2013 To: Mayor and City Commissioners From: Diane Colonna, CRA Executive Director r' vbkk <-� RE: Discussion of CRA boundaries; proposed elimination of area east of ICWW 11 The CRA district boundaries have been in place since approximately 1986. In recent months the City Commission has on occasion discussed the boundaries and whether or not they should be expanded or reduced. One proposal was to expand the boundaries west to include the Congress Avenue Innovation Corridor. Another idea was to remove the commercial area east of the Intracoastal Waterway (ICWW) from the CRA district. The proposal to include the Congress Avenue area in the district was discussed in conjunction with an economic analysis of that area done by the City's consultant David Wilk and Economic Development Director Vin Nolan. Expansion of the CRA was proposed as a possible mechanism for funding development incentives and physical improvements to the corridor. The idea of reducing the existing CRA district was proposed as a means of allowing the City to retain a greater share of the tax revenues that are currently collected within the district, so that those funds could be used for general operating expenses. Attached is a memorandum summarizing the impact of eliminating the area east of the ICWW from the CRA district. In terms of financial consequences, reduction of the boundaries in this manner would result in a reduction in CRA revenues of over $1.7 million dollars. It would enable the City to retain an additional approximate $1.02 million per year from property taxes collected from this area. It would also allow Palm Beach County to retain approximately $683,000 per year in collected property taxes. Those funds would no longer be included in the annual disbursement that the County provides the CRA each year and would presumably be spent elsewhere in the County. Removing the area from the CRA district would also mean that CRA funds could not be expended on projects within that area. While CRA funds cannot be used for general City operating expenses the CRA can fund certain City positions and other programs within the district, provided they are aligned with the CRA's mission and are included within the CRA Plan. A summary of the CRA's TIF revenues collected since the creation of the agency is attached, as is a breakdown of capital improvements, City Services and Programs, and nonprofit organizations being funded by the CRA in the current budget year. If the CRA's annual budget is reduced by $1.7 million some of these funding areas would likely be reduced as well. " I RA DflRAY 8tAC#I COMMUNITY REOEYELOPMENT AGENCY MEMO To: Diane Colonna, Executive Director From: Vince Wooten, Development Manager a Jeffrey A. Costello, Assistant Director.4L Date: March 1, 2013 RE: CRA District Sub -Area #1 (East of Intracoastal Waterway) -- TIF Assessment Update The City Commission requested that the CRA conduct an analysis to determine the financial impacts to the City and CRA, if the CRA district boundaries were modified to exclude the portion of the CRA District, east of the Intracoastal Waterway (CRA Sub - Area #1) (See attached map). Methodology The City of Delray Beach City Commission established the Delray Beach Community Redevelopment Agency on June 18, 1985 (via Ordinance No.45 -85); therefore the tax year that the Tax Increment Financing (TIF) is based on is 1984. The TIF is calculated each year based on properties within the entire district, therefore it was necessary to analyze individual property records in order to estimate the TIF generated only by the properties in Sub Area #1. CRA staff obtained the 1984 tax rolls /value from the Palm Beach County Property Appraiser's Office for the properties within the CRA boundaries in Sub -Area #1 and incorporated the data into a spreadsheet. The Property Appraiser's Office also provided a spreadsheet containing the 2012 tax value for the properties. The data was analyzed to ensure that there was consistency between property folio numbers provided for each year, while taking into consideration numerous changes to the folio numbers as a result of land assemblage, new developments, subdivisions and changes in ownership (i.e. from rental to condominiums, etc.). The difference between the values from the base year 1984 and 2012 determined the increment value. The incremental revenues were then calculated based on the current County millage rate of 4.7815 and the City millage of 7.1992. It is noted that the City and County continue to receive tax revenues based on the 1984 assessed values plus 5% of the increased revenues, and the CRA receives 95% of tax revenues that accrue from the 20 N. Swinton Avenue • Delray Beach, Florida 33444 561 - 276 -8640 • Fax 561- 276 -8558 increase in assessed value since base year. The following is provided as a result of CRA staff's analysis: CRA District Sub -Area #1 (east of the ICW1M TIFAssessment: 1984 Base Value: $ 47,166,850.00 2012 Value: $197,563,524.00 Tax Increment Value: $150,396,674.00 2012 County TIF - 100 %: $ 719,121.70 2012 County TIF - 95 %: $ 683,165.61* 2012 City TIF - 100 %: $ 1,082,736.00 2012 City TIF - 95 %: $ 1,028,599.00* *amount included in funds transferred to Delray Beach CRA Based on the above, in 2013, the CRA anticipates receiving an estimated $683,165.61 of TIF from Palm Beach County and $1,028,599.00 of TIF from the City of Delray Beach ($1,710,450.09) for CRA District Sub -Area #1. If the CRA boundaries are modified and the sub -area east of the Intracoastal Waterway is removed from the CRA District, the City's general fund would receive $1,082,736.00. However, an estimated $683,165.61, would revert to the Palm Beach County's general fund, and would not be utilized for the redevelopment efforts in the Delray Beach. It is noted, any proposals to modify the CRA boundaries would require an amendment to the Community Redevelopment Plan in accordance with F.S. 163.361 (Modification of Community Redevelopment Plans). V� (,FA$r OF: l ow, e • 4 l 1 d 4, 'i�a �. fir`, 4 5�� �ifc�'l�Ej� p ry �'•�� y� , � , „hV, ON F UL 9AV W-Ibd �l 1 Ulf AV IZ3 Imo. 32J910`3S ►� R:. a i{ as 1SV3 w Delray Beach Community Redevelopment Agency History of TIF $'s Fiscal Year Taxable Value 1 Less Increment Tax Increment County Millage City Millage Statutory Red Factor County City Year Total Tax Increment Inc /Dec 2012113 $ 1,189,458,010 $ 245,631,067 $ 943,826,943 47815 7.1992 o.95 $ 4,287,263 $ 6,455,940 $ 10,743,203 0,45% 2011112 $ 1,179,149,327 $ 245,631,067 $ 933,518,260 4.75 7.19 0.95 $ 4,228,018 $ 6,376,396 $ 10,604,414 - 13.89% 2010111 $ 1,185,241,580 $ 245,631,067 $ 939,610,513 4.75 7.19 o.95 $ 4,227,392 $ 6,418,010 $ 10,645,402 - 30.63% 2009110 $ 1,329,7751621 $ 245,631,067 $ 1,084,144,554 4.344 7.19 0.95 $ 4,474,048 $ 7,405,249 $ 11,879,297 27.99% 2008/09 $ 1,600,027,576 $ 245,631,067 $ 1,354,396,509 3.7811 6.4490 0.95 $ 4,865,053 $ 8,23809 $ 13,103,722 -6.59% 2007108 $ 1,751,096,851 $ 245,631,067 $ 1,505,465,784 3.7811 6.1449 0.95 $ 5,407,701 $ 8,788,390 $ 14,196,091 6.95% 2006107 $ 1,653,248,923 $ 245,631,067 $ 1,407,617,856 4.2800 6.8600 0.95 $ 5,723,374 $ 9,173,446 $ 14,896,819 46.43% 2005106 $ 1,206,897,628 $ 245,631,067 $ 961,266,561 4.4500 7.4500 o.95 $ 4,059,781 $ 6,796,712 $ 10,856,493 49.49% 2004105 $ 888,677,409 $ 245,631,067 $ 643,046,342 4.4632 7.4500 0.95 $ 2,738,750 $ 4,534,152 $ 7,272,902 37.08% 2003104 $ 714,736,811 $ 245,631,067 $ 469,105,744 4.5000 7.5200 0.95 $ 2,005,427 $ 3,364,355 $ 5,369,782 41.02% 2002103 $ 578,280,975 $ 245,631,067 $ 332,649,908 4.5000 7.4400 o.95 $ 1,422,078 $ 2,351,170 $ 3,773,248 16.76% 2001102 $ 530,525,688 $ 245,631,067 $ 284,894,621 3.1300 4.9500 0.95 $ 848,366 $ 1,338,943 $ 2,187,309 46.75% 2000101 $ 439,765,167 $ 245,631,067 $ 194,134,100 3.8300 5.7490 0.95 $ 705,773 $ 1,060,193 $ 1,765,966 20.20% 1999(00 $ 407,135,136 $ 245,631,067 $ 161,504,069 3.7100 5.5760 0.95 $ 569,555 $ 855,571 $ 1,425,126 23.92% 1998199 $ 375,964,132 $ 245,631,067 $ 130,333,065 3.2600 4.9300 o.95 $ 404,032 $ 610,439 $ 1,014,471 40,97% 1997/98 $ 338,086,824 $ 245,631,067 $ 92,455,757 3.6800 6.0630 o,95 $ 323,137 $ 530,195 $ 853,332 15.13% 1996197 $ 325,933,193 $ 245,631,067 $ 80,302,126 3.8600 6.2860 0.95 $ 294,402 $ 479,537 $ 773,939 9.29% 1995196 $ 319,106,494 $ 245,631,067 $ 73,475,427 3.8800 6.2210 0.95 $ 270,976 $ 434,259 $ 705,235 10.59% 1994195 $ 312,072,101 $ 245,631,067 $ 66,441,034 4.1600 6.5920 o.95 $ 262,489 $ 416,071 $ 678,560 4.07% 1993194 $ 309,475,026 $ 245,631,067 $ 63,843,959 4.4900 6.4460 o.95 $ 272,278 $ 390,968 $ 663,246 -3.82% 1992193 $ 312,009,293 $ 245,631,067 $ 66,378,226 3.8000 5.4340 0.95 $ 239,355 $ 34203 $ 582,018 14,10% 1991192 $ 303,8081099 $ 245,631,067 $ 58,177,032 4.0400 5.4020 0.95 $ 223,310 $ 298,555 $ 521,865 13.85% 1990191 $ 296,731,668 $ 245,631,067 $ 51,100,601 4.0700 4.9210 0.95 $ 197,544 $ 238,900 $ 436,444 14.32% 1989/90 $ 290,330,431 $ 245,631,067 $ 44,699,364 1.6700 1.8700 0.95 $ 70,755 $ 79,400 $ 150,155 185.09% 1988/89 $ 261,310,202 $ 245,631,067 $ 15,679,135 4.9900 5.9530 0.95 $ 74,366 $ 88,675 $ 163,041 - 10.99^%0 1987188 $ 263,245,810 $ 245,631,067 $ 17,614,743 2.6900 3.3830 0.95 $ 48,285 $ 56,611 $ 104,896 1986187 $ 257,332,681 $ - Is - $ - $ - $ - 1985186 Totals $ 245,6311067 1 $ - Is - I I 1 1 $ - 1 $ 43,956,245 $ $ - 70,667,529 $ $ - 114,623,773 FY 2012-2013 Budget CRA Funds Allocated For City Services /Programs Clean & Safe Program (Police, landscape maintenance, code enforcement) 1y294Y795 Community Improvement (Housing Rehab, Neighborhood Planner, Curb Appeal Program) Environments Services (Project Engineer) Int'l Tennis Tournament Sponsor Fed Cup Tennis Semifinals Sponsor Streetscape Maintenance (ongoing landscaping, irrigation for new beautification projects) Planning, Parking Management, IT Services Total City Services /Programs 107,56o 91,750 535,000 75,000 23,000 110.000 21237,145 CRA GL# 52�25._ 5253 5254 6 213 5330 5130 FY 2012-2013 Budget CRA Funds Allocated For: City of Delray Beach Capital Improvement Projects City Project # Project Name 2009 -041 Atlantic Ave. Gateway Feature (Public Art Project) 2012 -051 Swinton & Atlantic Intersection 2012 -623 N E 15t Avenue Streetscape Improvements —N E 15tSt f N E 2nd St f 2oog -oo6 Block 19 Alley Improvements 20'11 -009 2010 -041 Block 32 Alley NW 12th Ave – Atlantic /MLK CRA Funding 100,000. $8o,000 $275,000 $100,000 $100,000 $600,000 5251 2011 -024 N E 3rd St/ Ave Streetscape (& Alley Improvements) $6o,000. 5210 �_- 2004 -oo6 SE & NE 1st St - One -Way Pair (Conversion) $115,000 5350 2010 -039 1 SW 2nd Street Beautification $1,0_00,000 5620 2010 -027 Bus Shelters — $75,000 .................__._.. _..._. 5237 _ 2011 -017 Fire Headquarters Public Plaza $230,000 5520 2013 -604 SE 2nd St (Swinton – SE 3rd Ave), SE 2nd Ave & Alleys Blk 87 $65o,000 5510 2013 -597 Osceola Park Alleys Phase 2 _ $230,000 5208 2013 -550 Downtown Tree Grate Replacement $140,000 5235_ 2013_594 p Block 117 - Garage Study $50,000 5710 _ 2o11 -o67 NE 2nd Ave /Seacrest Beautification $110,00.0 TOTAL $3P915w00 pp FY 2012-2013 Budget CRA Funds allocated to Iray Beach Non - Profit Organizati( DBCLT DB Public Library EPOCH (Spady Museum Old School Square r] LJ LJ 1 Y a %_ Or Creative City Collaborative TOTAL $2201( $308,( $gZ,(' $ZS5r( $368,525 $310,735 $1,585,445 .6 M_ FY zo1a- CRA Fund 2013 Budget s allocated to: ilk- City Services /Programs $zz37,105 City Capital Improvements 3,915,000 Delray Beach Non - Profit Organizations $1685445 TOTAL N $7,737,550 I trt WROC I I I I11NSe. 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