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
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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.
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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)
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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.
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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
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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)
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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
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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.
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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
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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,
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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.
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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
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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�
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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
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