R02-142RESOLUTION NO. R02- Iq~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE TWO ECONOMIC
INCENTIVE AGREEMENTS BETWEEN THE CITY OF
BOYNTON BEACH AND ROBERT KATZ FOR (1) THE
SHIPWRECK RESTAURANT AND (2) BOOKER T'S
RESTAURANT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, pursuant to Ordinance 096-06, the City Commission is authorized
to grant economic incentives to qualified applicants engaged in business in the
Community Redevelopment Area (CRA); and
WHEREAS, Robert Katz made application to the City, through the City
Manager, for economic assistance for two restaurants, The Shipwreck Restaurant and
Booker T's Restaurant; and
WHEREAS, two separate agreements have been prepared, copies of which are
attached hereto as Exhibits "A" and "B", setting forth the terms and obligations of the
parties, which Agreements will be recorded in the Public Records of Palm Beach County;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this Resolution upon
adoption hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does
hereby authorize and direct the Mayor and City Clerk to execute two Economic
S:\CA\RESOtAgreements\Katz Incentive Agreeements 080802.doc
Incentives Agreements, one for "The Shipwreck" and one for "Booker T's Restaurant",
copies of which are attached hereto as Exhibit "A" and Exhibit "B".
Section 3. That following execution of the Agreements, they will be
forwarded for recording in the Public Records of Palm Beach County, Florida.
PASSED AND ADOPTED this o~O day of August, 2002.
ATTEST:
Co~.., mmissi°ner
mmlssloner
S:\CA\RESOXAgreements\Katz Incentive Agreeements 080802.doc
EXHIBIT "B"
ECONOMIC INCENTIVES AGREEMENT (4 Pages)
"BOOKER T'S RESTAURANT"
This Agreement is entered into between the CITY OF BOYNTON BEACH, FLORIDA,
a Florida municipal corporation ( hereinafter "City") and ROBERT KATZ (hereinaiter "Katz").
Whereas, City of Boynton Beach Ordinance 096-46 authorizes thc City Commission, on
recommendation from thc City Manager to grant economic incentives to qualified applicants
who arc engaged in business in thc Community Redevelopment Area or who arc locating a new
place of business within the Community Redevelopment Area; and
Whereas, Katz is a qualified applicant for economic incentives who is locating a new
restaurant businesses in thc Community Redevelopment Area; and
Whereas, the projects proposed by Katz arc subject to capital facilities charges as set
forth in Sec. 26-34 of the Code of Ordinances. Thc City's capital facilities charge
(this type of charge is also commonly known as System Development Charges, Capital Recovery
Fees, Extension Fees or Availability Fees in other jurisdictions) is used, to provide funds to
£mancc all or part of capital improvements necessary to serve new customers and arc raised
outside of capital received from general water/sewer-use rates. These fees arc established as one-
time charges assessed against developers or new water or sewer customers to recover all or part
of the cost of additional system capacity constructed for their usc; and
Whereas, Katz has requested that thc City grant him economic incentives in the form of
relief from the payment of the City's capital facilities charges, which cannot be waived, but may
be paid by the City as a form of economic incentive; and
Whereas, the City Manager has accepted thc application of Katz for economic
incentives and has made a recommendation to thc City Commission that Katz be granted
incentives in the form of relief from the payment of $8,669.75 for water and sewer capital
facilities charges; and
C:\windows\TEMP~Katz Incentives Booker T's.doc
Whereas, the City Commission has approved the recommendation of the City Manager,
conditioned on the execution of this Agreement.
Now therefore, in consideration of the mutual covenants expressed herein, the parties agree as
follows:
1. The representation contained in the foregoing "Whereas" clauses are tree and correct.
Katz will construct and operate the following business in the Community Redevelopment Area
as follows:
BOOKER T'S RESTAURANT, a 86 seat dining establishment restaurant located at 119
Martin Luther King Boulevard.
The legal descriptions of the property is set forth on Exhibit "A".
2. The City will reimburse or pay~ on behalf of Katz $8,669.75 for the water and sewer
capital facilities charges (economic incemives) for Katz's project within thirty (30) days of
approval of this agreement by the City Commission).
3. This Agreement has the effect of relieving Katz or his assignees of the direct obligation
to pay water and sewer capital facilities charges as a condition of commencing the business listed
above, conditioned on the operation of the business described in this agreement for thirty-six
(36) months in the sixty (60) months following execution of this agreement. For each momh
the business operates in compliance with City Codes (including, but not limited to codes
requiring property maintenance and appearance), Katz shall be released bom one thirty-sixth
(1/36) of the water and sewer capital facilities charge accessible against the business.
I Katz has heretofore paid $5,573.41 to the City for water and sewer capital facilities charges for 56 new seats at the
location. This agreement provides for reimbursement of that payment.
C:\windows\TEMPXKatz Incentives Booker T's.doc
4. In the evem the business operating the property is not operational for thirty-six (36)
months in the sixty (60) month period following execution of this agreemem, the business
operation, or successor business operations, will be subject to paymem of the remaining portion
of water and sewer capital facilities charges as set forth in paragraph 3 above, less accounts
released for months of operation of the business as set forth in paragraph 4 above.
5. Upon execution of this Agreement the CITY will record this agreement in the Public
Records of Palm Beach County, Florida.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals
this ,~o day of
Witness
Print Nant~e~
~tnes~
P~ Nam~
Witness
Print Name
,2002.
Gerald Broening, Mayor
Dated:
APPROVED AS TO FORII~
CITY A'VrORNEY
C:\windows\TEMPW~.atz Incentives Booker T's. doc
(Part Of Exhibit "B")
EXHIBIT "A"
LEGAL DESCRIPTION
BOOKER T'S RESTAURANT
Frank Weber addition, lots 6 and 7 less south 10 feet road right of
way, Block 1.
PCN:
08 43 45 21 25 001 0060
EXHIBIT "A"
ECONOMIC INCENTIYE$ AGREEMENT (4 Page s)
"THE SHIPWRECK"
This Agreement is entered into between the CITY OF BOYNTON BEACH, FLORIDA,
a Florida municipal corporation ( hereinafter "City") and ROBERT KATZ (hereinai~er "Katz").
Whereas, City of Boynton Beach Ordinance 096-46 authorizes the City Commission, on
recommendation fi:om the City Manager to grant economic incentives to qualified applicants
who are engaged in business in the Community Redevelopment Area or who are locating a new
place of business within the Community Redevelopment Area; and
Whereas, Katz is a qualified applicant for economic incentives who is locating a new
restaurant businesses in the Community Redevelopment Area; and
Whereas, the projects proposed by Katz are subject to capital facilities charges as set
forth in Sec. 26-34 oftbe Code of Ordinances. The City's capital facilities charge
(this type o£charge is also commonly known as System Development Charges, Capital Recovery
Fees, Extension Fees or Availability Fees in other jurisdictions) is used, to provide funds to
finance all or part of capital improvements necessary to serve new customers and are raised
outside of capital received fi:om general water/sewer-use rates. These fees are established as one-
time charges assessed against developers or new water or sewer customers to recover all or part
of the cost of additional system capacity constructed for their use; and
Whereas, Katz has requested that the City grant him economic incentives in the form of
relief fi:om the payment of the City's capital facilities charges, which cannot be waived, but may
be paid by the City as a form of economic incentive; and
Whereas, the City Manager has accepted the
incentives and has made a recommendation to the City
application of Katz for economic
Commission that Katz be granted
incentives in the form of relief fi:om the payment of $30,344.72 for water and sewer capital
facilities charges; and
C:\windows\TEMPLKatz Incentives Shipwreck.doc
Whereas, the City Commission has approved the recommendation of the City Manager,
conditioned on the execution of this Agreement.
Now therefore, in consideration of the mutual covenants expressed herein, the parties agree as
follows:
1. The representation contained in the foregoing "Whereas" clauses are tree and correct.
Katz will construct and operate the following business in the Community Redevelopment Area
as follows:
The SHIPWRECK RESTAURANT, a 196 seat dining establishment restaurant located at
502 East Ocean Avenue.
The legal descriptions of the property is set forth on Exhibit "A".
2. The City will pay on behalf of Katz $30,344.72 ($154.82 per seat) for the water and
sewer capital facilities charges (economic incentives) for Katz's project as follows, subject to a
per seat adjustment (plus or minus $154.82 per seat) when the certificate of occupancy is issued.
The City's payment of the water and sewer capacity charges shall be made at such time as
required as a condition of permitting by the City Code.
3. This Agreement has the effect of relieving Katz or his assignees of the direct obligation
to pay water and sewer capital facilities charges as a condition of commencing the business listed
above, conditioned on the operation of the business described in this agreement for thirty-six
(36) months in the sixty (60) months following execution of this agreement. For each month
the business operates in compliance with City Codes (including, but not limited to codes
requiring property maintenance and appearance), Katz shall he released from one thirty-sixth
(1/36) of the water and sewer capital facilities charge accessible against the business.
C:\windows\TEMP~alz Incentives Shipwreck.doc
4. In the event the business operating the property is not operational for thirty-six (36)
months in the sixty (60) month period following execution of this agreement, the business
operation, or successor business operations, will be subject to paymem of the remaining portion
of water and sewer capital facilities charges as set forth in paragraph 3 above, less accounts
released for months of operation of the business as set forth in paragraph 4 above.
5. Upon execution of this Agreemem the CITY will record this agreemem in the Public
Records of Palm Beach County, Florida.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals
this 2o day of ~c~c[6-r- ,2002.
Witness
Print Na~
Prat Namcr.~
Witness
Print l>Iam~/
PHnt Nam~
Gerald Broening, Mayor
Dated: ~ o~t..~ - O~t~
CITY ATI'ORNEY
C:\windows~TEMPR, Latz Incentives Shipwreck.doc
EXHIBIT "A"
LEGAL DESCRIPTION
BOYNTON SHIPWRECK, INC.
Town of Boynton, lot 7/less east 13.50 feet of north 75.88 feet and
north 8 feet of west 36.50 feet of Block 7.
PCN: 08 43 45 28 03 007 0071