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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