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1980-57 Authorizing Mayor & Village Clerk to Enter Agreement to Accept Gift for Creation of the Valerie Delacorte Community CenterRESOLUTION N0. 57-80 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VIIdAGE OF NORTH PA1M BEACH, FIARIDA, AUTHORIZING THE MAYOR AND VIIdAGE CLIItK TO EN'T'ER INTO THAT CERTAIN AGREII~Nf BETWEIIV GEORGE T. DELACORTE, 3R. AND THE VIIiAGE OF NORTH PALM BEACH FOR RECEIPT OF A GIFT OF $600,000.00 TO BE EXPEDIDID IN THE CREATION OF THE VALEP.IE DEII~CORTE PAVILION CGMMUNITY CENTER. iii-IEREA.S, MR, GEORGE T. DELACORTE, JR, has graciously decided to make ' a gift to the VIISAGE OF NORTH PAiSi BEACH in the amount of $600,000.00 for the purpose of creating a Comrnmity Center to be Domed and operated by the VILLAGE OF NORTH PALM BEACH and to be known as the "VALERIE DELACORTE PAVILION"; and Wl-IEREhS, the VILLAGE OF NORTH PALM BEACH is in need of a camnmity center to serve the recreational, educational and comrnmity purposes of the VILLAGE residents; and WHEREAS, the Village Council, in appreciation for the public-spirited generosity of GEORGE T. DECAOORTE, JR., is willing to accept the gift of $600,000.00, subject to the ternis and conditions set forth in Agreement between GEORGE T, DELACORTE, JR, and the VIId,AGB OF NORTH PATSi BEACH as attached to this Resolution; ' NOW, TciEEtII~'ORE, BE IT RESOLVID BY THE VIISAGE OOUNCIL OF THE VILLAGE OF NORTH PAiM BEACH, PALM BEACH COUNTY, FLARIDA, as follows: Section 1. The Mayor and Village Clerk be, and they are hereby, authorized and directed to execute that certain Agreanent by and between GEORGE T. DELACORTE, JR, and the VILLAGE OF NORTH PALM BEACH, FLORIIIA, a copy of which is attached hereto and by reference made a part hereof. Section 2. The Village Clerk is authorized and directed to affix the Village Seal to said Agreement, and to cause a fully executed copy of said Agreement to be delivered to GEORGE T. DELACORTE, JR. evidencing the agreement of the VILLAGE OF NORTH PAiM BEACH to the terms and conditions set forth therein, Section 3, The appropriate Village officials are hereby directed ' to proceed with the selection of an architect in accordance with law, and to proceed to acquire the real property where the VALERIE DELACORTE PAVILION will be located, and to dedicate said property to perpetual public recreational and park use. Section 4. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED THIS 13TH DAY OF NOVE278ER, 1980. ' ATTEST: 1 .--• `. -2- i y.. . / ~ \ e v AGREEMENT THIS AGREEMENT, made and entered into this 19th day of November , 1980, by and between GEORGE T. DELACORTE, JR., residing at 11556 Turtle Beach Road, Lost Tree Village, North Palm Beach, Florida, hereinafter referred to as the "Donor", and THE VILLAGE OF NORTA PALM BEACA, FLORIDA, a Florida municipality whose mailing address is 501 U. S. Highway #l, North Palm Beach, Florida 33408, hereinafter referred to as the "Village." WHEREAS, GEORGE T. DELACORTE, JR., a resident of North Palm Beach, Florida, and domiciled in the State of Florida, desires to enrich the Village of North Palm Beach by contribution of his funds so as to provide recreational facilities for the general use of the public with particular emphasis upon the residents of the Village; and tVHEREAS, the Village is desirous of constructing and maintaining public recreational facilities for its inhabitants and others; NO74, THEREFORE, in consideration of the mutual covenants herein contained, the parties do declare and agree as follows: 1. GEORGE T. DELACORTE, JR. will contribute th.e.sum of SIX HUNDRED THOUSAND DOLLARS ($600,000.00) for., the construction of the facilities hereinafter described, payable in accordance with the following: $200,000.00 to be paid to First National Bank in Palm Beach, as agent, upon compliance with Paragraphs 8 and 9 of this ,?~greerient. The remaining money to be paid through the First National Bank in Palm IIeach as required by Paragraph 3 of this Agreement. 2. Payments in accordance with the preceding paragraph may, at the option of the Donor, be made in cash or 1 ~.. ~ ~ ~ in securities having a market value on the date or dates of. delivery to First National Bank in Palm Beach of not less than $600,000.00 in total amount. In the event the Donor should contribute securities, the Village agrees to promptly cause such securities to be liquidated, redeemed or sold following delivery to the Village agent as hereinafter provided. 3. The Village appoints FIRST NATIONAL BANK IN PALM BEACH as its agent for the purposes of receiving the contributions from GEORGE T. DELACORTE,_JR., holding them in escrow and making payments and distributions for the construction costs of the facilities as described in Paragraph 4 hereafter and upon the receipt of statements approved by the architect of record. In the event that there are insufficient funds held by the Bank to pay statements approved by the architect of record, the Village or the Bank shall so notify Donor and Donor shall, within fifteen (15) days after receipt of such notice, deposit cash or securities with the Bank sufficient to pay any such statements, so long as such payments do not conflict with Paragraph 2 above. `Upon receipt of any contributions by the Bank, the Bank may invest the contributions in short term governmental securities or short term United States Government funds and any interest earned thereon shall be paid to the Village. ~' 4. Contributions made by the Donor shall be~ used exclusively for the construction of the facilities, including construction costs, labor and material, landscaping, architectural and engineering services, but no part of said funds shall be utilized for the purchase of real property upon which the recreational facilities are to be constructed, nor shall any part of such funds be utilized for maintenance or operation of said facilities. The Donor's contributions may be used for the purchase of fixtures, but none of the funds shall be utilized for purchase of equipment not deemed to be a fixture nor shall any of Donor's contribution be used for site preparation or off-site costs and expenses.. 2 ..1 ~. . 5. The Village represents that it has an option to purchase a tract of land containing approximately ten (10) acres located .at the Southeast Corner of Garden Lane and Prosperity Farms Road within the Village's municipal limits upon which the facilities contemplated by this Agreement shall be constructed, the exact legal description of which is attached hereto. 6. Upon the Donor making the first installment as set forth in Paragraph 1 of this Agreement, the Village agrees to promptly proceed with the preliminaries that may be required, including compliance with the laws of the State of Florida and compliance with all Charter and municipal regulations pertaining to this project and thereafter as expeditiously as possible to follow through with construction and completion of the project. Provided the .Donor timely makes all payment s required by this Agreement, the Village represents that such facilities will be promptly completed within a reasonable period of time. Performance hereunder may be extende3 by reason of strikes or other labor troubles, hurricane, national emergency or regulation of any governmental authority, as long as none of the above are within the control of Village. 7. The recreational facilities-will be .designed by an architect to be selected by the Village. The facilities will consist in part of areas where basketball. gymnastics and volleyball may be engaged in and may consist in part of an auditorium, meeting rooms and other uses consistent with purposes of a community center, together with storage and maintenance facilities, dressing rooms, offices and kitchen facilities. Tire building shall be known as the "Valerie Delacorte Pavilion" (named in honor of the Donor's wife) and prominently indicated upon the principal entrance to the facilities. It is the parties' irrevocable intent that the public shall have access to and regular use of the facilities without charg<. It is understood, however, that the Village 3 . -, ... ~. will have the option on a day-to-day basis to make the facilities available to organized groups for which it may take a reasonable charge for its cost and responsibilities. While the Aonor imposes no contractual limitation on the size or type of construction, and general design, nonetheless, the Village agrees to submit preliminary drawings and specifications to the Donor for his approval which shall not be unreasonably withheld, and which notice of approval :or disapproval shall be given by Donor within fourteen (14) days from actual receipt by Donor of the drawings and specifications. 8. Prior to Donor making any contributions hereunder, the Village agrees to take such steps as may be necessary to fully satisfy the Donor that the property upon which the facilities are located and more specifically referred to in paragraph 5 of this Agreement,-..shall be dedicated to a perpetual public recreational and park use. The Village represents that it will dedicate such property to such use in accordance with Florida law, and further represents that should such property cease to be used for public recreational and park purposes, public cultural and educational purposes, and other civic purposes consistent with the use of the building as a community center such as, but not limited to, polling place for elections, the Village shall release, divest and convey title to the property where the "Valerie Delacorte Pavilion"..shall be located, including all appurtenances thereto, to an organization which qualifies and has qualified as an organization described in Sections 170 (c), 2055 (a) and 2522 (a) of the Internal Revenue Code. The decision as to what entity title will become vested in under these circumstances shall be made by the affirmative vote of at least two of the following three people: then Mayor of the Village of Plorth Palm Beach, the senior trust officer of ,the First National Bank in Palm Beach and the Chief Judge of the Fourth District Court of Appeals of the State of Florida. The Village must make the ~i 4 conveyance set forth herein within thirty (30) days from receipt of the name of the grantee. Temporary cessation of use as provided herein by reason of strikes or other labor troubles, hurricane, reasonable delay for zepairs or regulation of any governmental authority, as long as none of the above are within the control of Village, shall not cause a divestiture. •the Village represents and warrants that it will maintain these recreational facilities and the surrounding grounds in a manner consistent with the maintenance of all other municipal buildings. 9. Promptly upon execution of this Agreement by the Donor, the Village will present this instrument to the governing body of the Village for its approval-and ratification by Resolution and a copy of such Resolution will be furnished to the Donor. The Village represents that prior to Donor making any contributions hereunder, Village will cause its attorney to promptly furnish his legal opinion that the undertakings and obligations of the Village as set forth in this Agreement are within its powers, that nothing herein is in violation of such powers, that the Village is authorized to enter into this Agreement and that the restriction and obligations as set forth in Paragraph 8~are valid and binding against the Village. 10. Subject to the foregoing, the Donor does hereby bind his estate, his heirs and assigns to the terms and conditions of this Agreement. IN WITNESS tiriHEREOF, the Donor has signed this Agreement and affixed his seal, and the Village of North Palm Beach has caused this Agreement to be executed by its duly authorized officers and the municipal seal affixed. WITNESSES: ~-- (SEAL) GEORGE T. DELACORTE, JR. 5 1 . -w 1 `4 VILLAGE OF NORTH PALt9 BEACH, FLORIDA Its VICE MAYOR AT'T'EST: Its Village Clerk 8119A/de •.. .. OPTION DESCRIPTION (SEAL) ~ .,, , ` .< , j, ` ..,r ..~~,I;1~) I I ~~~ '~~~ ,,, . ;. ,,/, ;, ,, ,,,., ;,,., :, All that part of the South one-half (S 1~2) of the Northeast one-quarter (NE 1~4) and that part of the North 112,50 feet of. the Southeast one-quarter (SE 1~4) of Section 8, Township 42. South, Range 43 East, Palm Beach County, Dying East of the East Right-of-Way line of Prosperity Farms Road as now laid out and in use, and West of tk~e West .Right-of-Way line of the North Palm Beach Waterway: . and ,lots 1, 2, 3, 4 and 5, Block 54 of Plat #{6 of the Village of North Palm Beach, according to the plat thereof as xecorded on Plat Book 26, Pages 10, 11 and 12 in the office of the Clerk of the Circuit Co-~rt, in and for Palm Beach County, Florida,