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Res 16-87 RESOLUTION No. 16-87 A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF DELRAY BEACll, FLORIDA, RATIFFXNG AND AFFXRNII~ THE EXEC~TI~ OF AN INTERLCkUJtL AGREEMENT BETWEEN THE CITY OF Dm.RAY BEA~! AND THE DELRAY BEA(~ CO~IUNITY REDEVELOPPfl~PF AGI~CY RELATXI~ TO TIlE ACOUISITION OF THE GEORGIA TOWN TAVERN A/K/A THE COURTROOm; AND PROVIDING FOR AN 'EFFECTXVE DATE FOR THXS RESOLUTXON. W~EREAS, the City of Delray Beach (the "City") and the Delray Beach Community Redevelopment Agency (the "Agency") have pre- viously entered into an Interlocal Agreement (the "Agreement") relat- ing to the acquisition of a restaurant and tavern known as the Georgia Town Tavern, also known as The Courtroam (the "Georgia Town Tavern") whereby the City agreed to purchase the real property and the improvements located thereon, which is described as the "West half (W 1/2) of Lot 14 less the 20 feet of Block 28, Town of Linton Plat, as recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida" (the "Property") for the purchase price of $48,000.00; and, WHEREAS, pursuant to the terms of o stipulation entered into between the City and Gulfbrook, Inc., a Florida corporation operating the Georgia Town Tavern and a contract of sale, the City was obligated to purchase the Property in a timely manner~ and, WHEREAS, the prompt acquisition of the Property was in the best interest of the City; and, WHEREAS, pursuant to the City's acquisition of the Property, the City and the Agency, on April 16, 1987, executed the Agre~ent, a signed copy of which is attached hereto as Exhibit A; and , WHEREAS, the City Council determines it to be in the best interest of the City to ratify and affirm all City action heretofore taken by the City and its officers, agents and ~nployees in connec- tion with the acquisition of the Property and the execution of the Agreement, NO~, TBEREFORE, BE IT RESOLVED BY T~E CITY ~L CITY OF DELRAY BEACH, FLORIDA, AS ~~ S~'TION 1. That the City hereby expressly approves, affirms and ratifies all City action heretofore taken by the City and its officers, agents and employees in connection with the acquisition of the Property and the execution of the Agreement. SECTION 2. That the Mayor, the Vice-Mayor, and any other proper official of the City, be and each of them is hereby authorized and directed to execute and deliver any and all documents and instru- ments and to do and cause to be done any and all further acts and things necessary or proper for carrying out the transactions contem- plated by the Agreement. SECTION 3. That this Resolution shall take effect upon its passage in the manner provided by law. PASSED AND ADOPTED in regular session on this the 28th day of April, 1987. M A Y O R ATTEST: -2- Reso. No. 16-87 INTBRLOCAL AGREEMENT BHTWBBH THH CITY (lP DBLRA.Y BF.A(:3I AIK) THE DBLRAY BRACH r~)ItJlqUNITY REDEVELOPMENT AGBNCY FOR THE ACQUISITION OF CERTAIN RF. AL PRO~. THIS INTHRLOCAL AGRKBNBNT, made this /~' day of April, 1987, by and between the CITY OF DELRAY BEACH, FLORIDA, hereinafter referred to as 'City,s a municipal corporation existing under the laws of the State of Florida, and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as 'Agency,' a connu- nity redevelopment agency established pursuant to Section 163, Part III of the Florida Statutes (the 'Agreement'). WHHRBAS, the City has previously entered into a Stipulation dated March 30, 1987 with Gulfbrook, Inc., a Florida corporation ('Gulfbrook, Inc.') operating a restaurant and tavern known as the Georgia Town Tavern, also known as The Courtroom, whereby Gulfbrook, Inc. agreed to sell and the City agreed to purchase the real prop- erty and all improvements located thereon, which is described as the 'West half (W 1/2) of Lot 14 less the 20 feet of Block 28, Town of Linton Plat as recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida' (the 'Property') for the purchase price of $48,000.00; and #HEREAS, the City and the Agency agree that the prompt acquisition of the Property by the City (with an eventual transfer of title to the Property to the Agency) is in the best interest of both the City and the Agency; and #HBRBAS, in consideration for the City's prompt acquisition of the Property, the Agency will contribute $35,000.00 (the 'Acquisition Share') toward the purchase price thereof; and WHEREAS, the City will transfer the Property to the Agency at such time, as shall be determined by subsequent proceedings of the City Council,*and the Agency agrees to acquire title to the Property, subject to the Agency'8 payment of the Acquisition Share to the City; and WHBRBAS, the City may, prior to such transfer, enter into a lease arrangement with the Agency with respect to the Property, the details of which are to be determined by subsequent proceedings of the City Council. NOW, THERBFORB, pursuant to the respective powers granted to the City and Agency under Section 163.01, Florida Statutes, and in consideration of the sum of One Dollar ($1.00) paid by each party to the other, the receipt of which is hereby acknowledged, the mutual covenants and agreements herein contained and other good and valuable consideration, the City and the Agency agree as follows: SBCTION 1. The City agrees to provide initial funding for the full purchase price of the Property, and to subsequently convey marketable title thereof to the Agency at such time as shall be determined by subsequent proceedings of the City Council,*and the Agency agrees to acquire the Property from the City subject to the Agency paying to the City the Acquisition Share. The City agrees that it shall pay all expenses, including but not limited to the cost -2- *, but in any event, not later than 36 months from the date of this Agreement or upon full payment of the Acquisition Share by the Agency, of title insurance, if so required, recording fees and transfer taxes in connection with the conveyance of the Property to the Agency. SECTION 2. The Agency agrees that if the Acquisition Share is not fully paid at the time title to the Property is conveyed to the Agency, the Agency shall grant to the City a first lien mortgage on the Property in a form acceptable to the City as security for the payment of the Acquisition Share. SECTION 3. The Agency agrees that it shall pay the Acquisition Share from such moneys legally available to it within 16 months. SECTION 4. The City and Agency agree that, prior to the transfer of the Property to the Agency, the City, may enter into a lease arrangement with the Agency for such purpose(s) and with such terms as shall be determined by subsequent proceedings of the City Council. SECTION 5. If any clause, provision or section of this Agreement be held illegal or invalid by any court, the invalidity of such clause, provision or section shall not affect any of the remain- ing clauses, provisions or sections hereof, and this Agreement shall be construed and enforced as if such illegal or invalid clause, pro- vision or section had not been contained therein. SECTION 6. This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original; but Such counterparts shall together constitute but one and the same Agreement. -3- SECTION 7o This Agreement shall be file~ with the Clerk of the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida pursuant to the requirements of Section 163.01 (11) of the Florida Statutes. WHEREFORE, the parties hereto have set their hands and seals on the day set forth next to their signatures. Attest: CITY OF DELRAY BEACH, FLORIDA Date-. T(,,--/-~- [,7 Approved as to Form'. -City- Attorney - Attest: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY By: Chairman Date: