HomeMy WebLinkAboutMinutes Council 022092CITY COUNCIL
_ REGULAR MEETING
CITY OF PALM BEACH GARDENS
FEBRUARY 20, 1992
The Regular Meeting of the City Council of the City of Palm
Beach Gardens, Florida, was called to order by Vice Mayor Dick
Aldred at 8:00 P.M. in the Assembly Room of the Municipal
Complex, 10500 North Military Trail, Palm Beach Gardens,
Florida; and opened with the Pledge of Allegiance to the Flag.
ROLL CALL The City Clerk called the roll, and present were Vice Mayor
ANNOUNCEMENTS
CALL FOR BIDS
Aldred, Councilwoman Monroe, and Councilman Russo.
Mayor Martino and Councilman Kiselewski were not in attendance
as they were out of town.
Vice Mayor Aldred stated the announcements are as posted on
the City's bulletin boards.
Tennis Courts The City Manager stated that after review of bids and infor-
mation available on the Hydrogrid System, his recommendation
was to resurface the 4 easterly tennis courts with asphalt
and construct 4 Hydrogrid courts on the western tennis
courts. The City Manager stated that $70,000 would come from
the Recreation budget and the additional $18,350 + costs for
filling the depressions would come from Council Contingency.
The City Manager recommended that the bid be awarded to Gator
Court Contractors Inc. of Boca Raton, Florida.
The City Council discussed concerns re. lack of historical
maintenance data regarding the Hydrogrid Systems.
CITY COUNCIL REGULAR MEETING, 2/20/92
PAGE 2
The City Council discussed the advantages of the different
systems, including hydrogrid, calcap and asphalt. Tennis Pro
Brenda Engle was directed to copy the City Council with infor-
mation she had regarding maintenance history of hydrogrid
courts throughout the country.
Councilman Russo made a motion to award the bid for the re-
surfacing of the 4 easterly courts with asphalt, with monies
to be taken from the Recreation Account and tabled awarding
of the bid for the 4 westerly courts until the next Regular
Meeting of the City Council, allowing time for additional in-
formation regarding the maintenance of the hydro -grid system;
seconded by Councilwoman Monroe. Motion was unanimously
approved by the City Council.
Contamination
Assessment
Report Bids The City Manager opened and read the following bids received
for the Contamination Assessment Report, as advertised 2/5/92:
Augman and Associations, West Palm Beach - Preliminary $2000
Baslin, Boch & Lee, Boca Raton - $14,945
Dejan Environmental Services, West Palm Beach - $19,775
Atec Associates, Inc., Miami - $11,980
Professional Services industrial, Inc., West Palm Beach -
$14,493
Cherokee Ground Water Consultants, Jupiter - $18,053.60
Environmental Consultant Services, Lake Worth - $4 -8,000
Alternate - $16,269
Miller Inc. Environmental Services, PBG - $13,495
Per a motion by Councilman Russo, seconded by Councilwoman
Monroe, and unanimously approved by the City Council, the
CITY COUNCIL REGULAR MEETING, 2/20/92
ITEMS BY THE
CITY MANAGER
PAGE 3
bids were remanded to the City Manager, Peter Bergel and
Public Works for review and recommendation.
Resident Letter The City Manager stated he gave each member of the City Council
a copy of a proposed letter to be sent to the residents of the
City re: Palm Beach County Charter Amendment proposed to be
placed on the March 10 ballot. Councilman Russo felt the
letter needed to be more diplomatic. Councilwoman Monroe
felt the letter was a bit exagerated. Per a concensus of the
City Council the City Manager was directed to rewrite the
letter for discussion at the end of the agenda.
cohol Policy The City Manager stated he needed clarification on the City's
Alcohol Policy so the City could hold the Battle of the Wings
event. The City Manager stated that he has contacted the
insurance companies and stated that the City would be added
as additional insured by the purveyor and take out additional
insurance to cover the City.
Councilman Russo made a motion, seconded by Councilwoman
Monroe to approve the recommendation of the City Manager that
all future alcohol permits be approved by the City Manager's
office and ensure the City is named as an additional insured,
coordinating with police officers for events and other safe-
guards involved in allowing alcohol in the City's parks.
Motion was unanimously approved by the City Council.
CITY COUNCIL REGULAR MEETING, 2/20/92 PAGE 4
Gibson Road The City Manager stated that the County conveyed Gibson Road
from the Hunt Club to Ballen Isles property to the City.
The County indicated that they had promised 7 residents that
they could divide that property in equal shares and be deeded
over to them. The City had a problem with that because we
have a PUD, and consequently had understood that the
property would be given to the Homeowners Association and used
for a local park by the homeowners. The County has asked that
the City give the portion from the road entrance to the Ballen
Isles property back to the County and they will make the
decision what happens to the property, taking the City out of
the middle. The City Manager recommended the property be
deeded back to the County. Councilman Russo made a motion,
based on the recommendation of the City Manager, to deed this
property back to the County, seconded by Councilwoman Monroe.
Motion was unanimously approved by the City Council.
The City Manager stated the City Attorney will prepare a
resolution regarding this item for the next City Council
meeting.
Gardens Square
Shops The City Manager discussed the Gardens Square Shops buffer
strip. The City Manager stated that this was brought about
by the necessity to expand the intersection of PGA Boulevard
and Military Trail. In order to make this intersection
work like it should they will need to take the landscape
CITY COUNCIL REGULAR MEETING, 2/20/92
PAGE 5
strip of the Gardens Square shopping Center, which consists
of hedges and trees, and remove this strip along with
approximately 2 feet of parking space out of the 10'x 20'
spaces. The City Manager stated that since this was a PUD
it could be done by resolution, on an emergency basis. It
was also pointed out that there is funding from the DRI
from the Gardens Mall Shopping Center and also from the
Foundation, however, the County has additional funding
as well as does the DOT.
Mr. Charles Hathaway of DiVosta and Company addressed the
City Council stating DiVosta would like to work with all
parties involved. Mr. Hathaway pointed out that the
10' x 20' parking spaces are a condition in the Publix
lease.
Amy Harris of Palm Beach County Engineering stated the plans
are pretty much complete and most of the permitting processes
have received approval. The last step is acquiring the
right -of -way necessary to complete this project. Throughout
various discussions with the property owner and the City the
County has decided to back away from the right turn lane on
the north approach in an effort to maintain the existing
large landscaping buffer and because of this the only property
the County does need to take from this parcel is a small
strip approximately five to seven feet in width. Mrs. Harris
CITY COUNCIL REGULAR MEETING, 2120192
PAGE 6
stated that the County has gotten this project down to the
very minimum width, which is 36 foot of pavement on the
departure side (3 westbound lanes), a 4 foot median which is
the absolute minimum. Mrs. Harris stated that if the County
takes the 20' parking space that exist there today and as
part of the construction or as part of compensating the DiVosta
Company for improvements to their property, the County could
take the curb and pull it back 2 feet, still giving them 18'
parking instead of 201, buying an additional 2 foot of
right -of -way with an addtional one foot of grass strip that
would have been remaining anyway. Mrs. Harris stated that
technically it would be 2 -1/2 feet because of the height of
the top of the curb which is 6 inches. This would allow for
a 2 -1/2 foot grass strip and 6 foot of sidewalk. Mrs. Harris
stated she would like to take forward with DiVosta as the
County's settlement of the acquisition of the property,
however, prior to DiVosta being able to settle with the County
they were seeking comments from the City Council regarding
the variance.
The City Council directed Mr. Hathaway to work with plans to
determine if there was any way to have at least an additional
4 foot of landscaping. Councilwoman Monroe stated that the
parking isles that run perpendicular to PGA Boulevard have a
total of 8 spaces between the shopping center parking strip
`TY COUNCIL REGULAR MEETING, 2120192
REPORTS AND ITEMS
BY MAYOR AND
CITY COUNCIL
PAGE 7
on the south side. Councilwoman Monroe stated that if you
were to decrease those spaces to 9 -1/2' and move those planting
islands on the end of those rows, you would obtain 4 -5 feet.
Mr. Hathaway stated they would review the parking and consider
suggestions made by the City Council.
Councilman Russo In response to Councilman Russo, the City Manager stated that
the police department will respond with InterCity to sick calls
and the fire department will respond, along with police and
InterCity to emergency calls.
tbNSENT AGENDA Councilman Russo made a motion, seconded by Councilwoman Monroe
to approve the following items on the Consent Agenda:
1. Approval of Minutes of Regular Meeting of 2/6/92
2. Resolution 12, 1992 - Expressing opposition to Solid Waste
Authority re: volume based system considered being imple-
mented with researching other alternatives.
The motion was unanimously approved by the City Council.
PUBLIC HEARINGS
Ordinance 6 Vice Mayor Aldred declared the Public Hearing open, which was
1992
duly advertised 2/15/92 and held on the intent of Ordinance
6, 1992, rezoning lands from PDA to PUD with a site plan
approval for a 26,839 s. f . theater and exhibition hall located
west of Campus Drive.
Dr. Eissey of Palm Beach Community College addressed the City
-TY COUNCIL REGULAR MEETING, 2/20/92
PAGE 8
Council regarding provisions of the ordinance, and the City
Council directed the following amendments be made:
Section 2., 11, Change all dates to 2/19/92;
Section 2., #5, Change all dates to 2/19/92;
Section 2., #7, Change all dates to 2/19/92;
Section 2., #8, Change all dates to 2/19/92;
Section 2., #12, Change all dates to 2/19/92;
Section 3., #4, Insert 1190" in blank;
Section 3., #5, Insert 1190" in blank;
Section 3., #13, eliminate and renumber remaining conditions;
Section 3., #15 (now #14) add "except for safety and security
or as required by law.
Dr. Eissey questioned whether the sign for the center would
have to read "The Palm Beach Community College Performing Arts
Center" as outlined in the Ordinance, stating that the building
may be named after a specific donor. Vice Mayor Aldred stated
that in the plat of the County it would be recorded as "The
Palm Beach Community College Performing Arts Center ", however,
any signage would have to come back to City Council for
approval.
In response to the City Manager, Dr. Eissey stated the building
would be used as an auditorium, for performances, a center,
an educational facility, will be utilized by the community -
all rolled into one facility. Dr. Eissey stated that primarily
it will be used as an educational facility for use by the drama
students, however, the City may want to bring in some type of
concert and will be used for light opera, etc. Dr. Eissey
stated the facility would not be used for sports, will not
contain a gymnasium and will have fixed seating.
CITY COUNCIL REGULAR MEETING, 2/20/92
PAGE 9
There being no further amendments Vice Mayor Aldred requested
comments from the public.
Ms. Audrey Wolf, Director of Facilities for Palm Beach County
addressed the City Council stating she was here on behalf of
the County Commissioners, the adjoining property owner. Ms.
Wolf stated the college is proposing the County do the work
on the extension of Fairchild Avenue in exchange for the land
required to in Section 3., Item # 3a. Ms. Wolf stated that
at this time the County has not agreed to do this, and it is
staff's recommendation that the County Commission not agree
to this request.
There being no comments from the public, Vice Mayor Aldred
declared the Public Hearing closed.
Councilman Russo made a motion to read Ordinance 6, 1992,
noting all amendments, by title only, on second and final
reading.
Councilwoman Monroe stated she will vote in favor of this
Ordinance, however, reiterated that she voted against the
donation of the land because she felt that everyone in north
county would have similar use of this facility while the
City is giving much more. Councilwoman Monroe stated she
hoped the facility would turn out well and that there would
be a strong effort to bring in evening performances.
Councilman Russo stated he too hoped that the events
CITY COUNCIL REGULAR MEETING, 2/20/92 PAGE 10
would come to this center. Councilman Russo also reminded
Dr. Eissey that it was agreed that while other cities would
have to pay for the use of the facility, the City of Palm
Beach Gardens would only have to pay for the utilities.
Councilman Russo made a motion, seconded by Councilwoman
Monroe, to adopt Ordinance 6, 1992, as amended. Ordinance
6, 1992, was unanimously adopted by the City Council.
In response to the City Council, Attorney Brant stated
he is holding the deed in escrow for the acreage the City
has agreed to donate, subject to three conditions: (1) a
deed exist from MacArthur Foundation conveying the other
5 acres (a copy has been provided); (2) financial ability
to draw the monies (letter from the comptroller of college
received). Mr. Brant read the letter into the record (copy
attached to minutes). Mr. Brant stated the third condition
was that permitting be completed by 3/3/92.
The Council agreed that if Attorney Brant determined that
the conditions have been met satisfactorily, the deed can
be delivered.
Dr. Eissey stated he would fax information to the City
as evidence that the money is set aside for the facility.
Resolution 11
1992 Vice Mayor Aldred stated the City has received a letter from
the Petitioner for Resolution 11, 1992, minor amendment to
Loehmann's Plaza PUD created by Ordinance 14, 1991, re:
CITY COUNCIL REGULAR MEETING, 2/20/92
PAGE 11
signage, to postpone his request until the next meeting of
the City Council.
Resolution 13,
1992 Richard Walton, Director of Planning and Zoning, addressed
the City Council re: Resolution 13, 1992, minor amendment
to The Masters PUD, Tract M -30, A,B,C, PGA National, created
by Resolution 115, 1990, re: pool /screen setback reduction.
Mr. Walton stated that staff had no concerns with the requested
amendment, stating it is similar to requests the Council had
considered in the past for PGA National. Mr. Walton stated
that the Northern Palm Beach County Water Control District
had 2 conditions.
City Council directed Resolution 13, 1992, be amended as
follows: Add Section 2: "The following restrictions shall
apply:" - as listed in the staff report, and renumber the
remaining sections.
Councilman Russo made a motion, seconded by Councilwoman
Monroe, to approve Resolution 13, 1992, as amended. Resolution
13, 1992, was unanimously approved by City Council.
ITEMS FOR
DISCUSSION
Gardens Medical
Park Richard Walton, Director of Planning and Zoning, addressed
the City Council re: request for an extension of time for
completion of Gardens Medical Park PUD, Phase 3. Mr. Walton
stated the Planning and Zoning Commission recommended a 3
year extension instead of the requested 5 years.
CITY COUNCIL REGULAR MEETING, 2/20/92
PAGE 12
Mr. Walton stated the only landscaping discrepancy noted
by the Forester was a hedge missing along Burns Road,
however, the petitioner is only responsible for a portion
of this hedge. The other property owner indicated that he
would be replacing the hedge after Burns Road is widened.
Vice Mayor Aldred pointed out that another condition should
be added stating that all applicable impact fees apply.
The City Council directed the petitioner have a traffic
study done to determine how many trips this project is going
to put on the road when it is built. The Council will
consider this extension once this study is done and reviewed
by staff.
ne Atrium Vice Mayor Aldred stated that the City had received a letter
from the petitioner to postpone discussion re: proposed
rezoning and comprehensive land use plan amendment for property
previously known as "The Atrium ", from PO zoning
classification to RM.
Letter to
Residents The City Manager submitted a rewritten draft of a proposed
letter to be sent to City residents re: proposed Palm Beach
County Charter Amendment to be placed on 3/10/92 ballot.
The City Council approved of the redraft and unanimously
voted to expend monies necessary to print the letter and
mail to residents.
CITY COUNCIL REGULAR MEETING, 2/20/92 PAGE 13
)vdJOURNMENT There being no business to discuss, the meeting was adjourned
at 10:50 p.m.
APPROVAL
'1
MAYOR MICHAEL MARTINO
VICE MAYOR DICK ALDRED
fVDA V. KOSIER, CITY CLERK
COUNCILWOMAN LINDA MONROE
A�xl-1 /-z4WJ-
C DONALD KISELEWSKI
COLTNCI � 14 EPH RUSSO�
C7 ID TEL No 4i7f0 r, Feb 19.9-'
i
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A `� ' 1,4M BEACH COMMUNITY COLLEGE
4204 Congress Avenue, Luke Worth, Florida 334+61.4796
PBCC 4471439.8478
F'ebi-uary 19, 1992
Ms. Kathleen Loggi,ns
Gibson and Adams
P. D. Box 1629
West Palm Such, FL 33442
Dear Ms. 1,ogginaz
i .� the Fissey Campus Auditorium was provided by a
a appropriation. Following the appropriation an ar-
at� e Agp -d and proceads to prepare construction plans an4
spec These plans and specs are then reviewed and ap-
prove- rc, n Mate office of Educational Facilities in rt.
Laudarde ric1 1o'ding approval of the final construction plans
and app. wn: r notification is provided from the Ft. Lauder-
dale r' R , �ffic• to tho office of Eduoatfonal Facilities,
i'isca� r in Tallahassee and an encu b ranee authorization
,s is Z�. :Ilowinq the encumbrance authorization ws are
zGd to t }n:ar into a construction contract with the suo-
c t,idde.r Fide are out on the project at this time. , ,--
q4 -made with _ the Ft. Lauderdale Facilities Of-
fict, Rv noti Y the ._F sea ice n T�tllahasls„&
d.Lgy _ . e an c pa « s approval around March
:d -tning is scheduled for March 25th with the award
r,j im,L _ x at.ely thereafter.
;rely
J. Barry Pogers
--Mpt r o: jar
.b
1AW OFFICES
BRANT AND RALDWFN
330 FEDERAL HIGHWAY
LAKE PARK, FLORIDA ;13403
TELEPHONE (407) 945-1700
FACSIMILE (n07) 642.1648
WILLIAM BRANT CHA10 kb M_ Wi[.aYn
Gaorwu W. BALDWIN ul t uu M��l
FACSIMILE MEMORANDUM
[)ATE- March 5, 1992
Deliver Document to!
NAME: Linda V. ?osier, City Clerk
LOCATION: City Hall.
FAX MACHINE NUMBER: Code "A"
NUMBER OF WAGES INCLUDING THIS ONE: four (4)
COMENTS: Trustees' ]deed ?re Performing
Arts Center
PROM. Gail.
FAX MACHINE NUMBER (407) 842 -1548
ON LINE 24 HOURS A DAY
I
GIB AN DAMS BOX 1629
C PA`s BEACM FL, as
IL �I:Ir �_`tf_i k;r rob I '.ice i -59 F
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JAN -24 -1992 04:11Pm 92-- C)22".'2575
ORB '7098 P9 1060
Can 10AX Oat .bC
U RH OF THE COURT - PB C' O y f FL
TRUITIR O RM
TRIO INDENTURE, made this 13th day of December, 1991_. -. -- ....,
1991, between LAWRENCE L. LANDAXi 7AWRANCA Q. nATIN and PYI10I1 X.
GRACV, not individually but solely as Trustees under the provisions
of a Trust Agreement dated December 28, 1983 and known as the
Xac"TNUR LIQUIDATING TRUST AARAINKYT, party of the first part, and
PALM DEACR COMMURITY LOLL #4A, a corporation organized and existing
under the Laws of the $ta,t* of Florida, party of the second part,
whose mailing address is: Edward K. Eiaeey Campus, 3160 PGA
aouXevard, Palm Beach Oardene, Florida 33410 -2893;
*IT"- 89XTH, that said
party of the first part,_1n--c- cma4Awrr&—
tion of the sum of Ten
valuabla rongi.deration in
convey unto said party of
real estate, hereinafter
�
Florida, to wit:
ARE EXHINIT
By acc eptV
successors and
(1) tv -PQ W
-- ditoriv ; oC= s
q Aco 0
ais CU
Pr
,i'4
hdti . 4070326 -236 , 19,92 8:00 P .07
ORB 7098 P9 1061
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terms of said dood or deeds in trust delivered to said Trustees in
pursuance of the Trust Agreement above mentioned.
IS WIT096e KHRREOP, the said party of the first part hereunto
set their hands and seals the day and year first above written,
signed, sealed and delivered
in the presence of usi
cz
A to eEXl
Pakriclaidek. Mangiri
AR t0 ail Tam Ken y
OTATS aY ILLIN0I0
C4ttNI'Y OF cool
4176 @u " Oad
P%clrn ac Gard
as
3341 +.9002
ileWenoe
G. -,Martin,�
as 71ruetee
4176
bourns
Road
Palm
B
a s:p
33410 -9602
CAS?
p
raC sa
True a0
4176
Burns
oad
Palm
Bead
Gardens, FL
33410 -9602
OX THIS bKY personally appeared before me LAWRzmcm L. LmMRY,
LAWRENCE G. MARTIN and PHILIP Me GRACE, not individually but solely
as Trustees under the provisions of a Trust Agreement dated
December 26, 1963 and known as the MacArthur Liquidating Trust
Agreement, to me Well knower and known to me to be the inaivICYja? e
described in and who executad fah- f--4 --
Exhibit "A"
That part, of the Southeast Quarter (SE 1I4) of the
Southeast Quarter ($8 114) at Section 6, Tor:nah i p 47
South, Rance 43 EaSt, Palm Bench GuL dens, Flea i �a lz •,
West of the Went right of way line of Campus D: I va uv
described in Official Record Book 2959 at i-t,m 20'
through 206, public records of Palm Beach Coun+'y• LF;�
3' AND EXCEPT THEREFROM the right of Way of RCA Boulovard,
that certain parcel of lend described in Official Pocorl
Book 1692, at psga 1682 and that certain parcel of l any
deecribed in Offioial Record Book 5331 at page i%04,
Containing in al), 5.19 acres, more or base.
,_.
W111 fA•f 19lUN1
CIVA)Mt.1 W. BA1 H4411v
LAW OFFICES '
$RANT AN]D $Ati.DWM
330 FEDERAL HIGHWAY
LAKE PARK. FLORIDA 33403
TELEPHONE (407) 845.1700
FACSIMILE (407) 842, *49
FACSIMILE MEMORANDUM
DATE: February 25, 1992
i
CHAIM," M. Pico"
OF [.O[11MEL
Deliver Document to:
NAME: John L. Orr, City Manager
LOCA'T'ION: City Hall
FAX MACHINE NUMBER: Code "A"
NUMBER OF "AGES INCLUDING THIS ONE: Four (4 )
COMMENTS: Letter to Kathleen Loggins, Esq., enclosing
Snecial SJarranty ile¢d from the Citv to County reOrdinance ,6,
FROM-. Gail
FAX MACHINE NUMBER (407) 842 -1548
ON LINE 24 HOURS A DAY
Wu r [AM BkAxr
GIN oRe.k W, RAInru,k
Kathleen J. Loggias,
Gibson & Adams
First Union. Building
303 Banyan Boulevard
P. 0. Box 1629
LAW OFFIM
BRANT A14D BALL)WIN
330 FEDERAL HIGHWAY
LAKE PARK, FLORIDA 33403
TELEPHONE (4M $45-V00
FACSIMILE (447) 842.1644
Esquire
- Suite 400
West Palm Beach, Florida 33402 -1629
Re: Ordinance 6, 1992 - Delivery of
Warranty Deed held in escrow.
Dear Ms. Loggins:
CHAFAM M. PKsarr
OF COUNSEL
February 25, 1992
Receipt of your financial data is hereby acknowledged. We
are enclosing herewith the Special Warranty Deed from the
City of Palm Beach Gardens to Palm Beach Community College
in accordance with Resolution 35, 1991, of the City.
We have reviewed your financial certification together with
a letter of February 22, 1992# wherein the availability of
the funds were certified by Jerry R. Martin. In order that
there shall be no misunderstanding in the future, we are
relying on the Certification to mean that the necessary funds
are sufficient to complete the facility, and litre in all
other Planned unit Developments within the City of Palm Beach
Gardens, the project shall be completed no later than three
(3) years from the effective date of Ordinance 6, 1992.
Thank you for your attention to this matter.
WB:gm
Enclosure
Sincerely,
�t t""
WILLIAM BRANT
City Attorney
5
- ' yl-6- 7 1
IPIVAi WARRANTY DtlD RAMCQ FORM Q3
This Special
10arranty
heed made the ,.?o r
tray of July A, D t4 91 by
CITY OF PALM BEACH
GARDENS, a Florida
municipal corporation,
heretnctf ter called lhm prurtlur, to
PALM BEACH COMMUNITY COLLEGE
whonv postof f ce addresh ix
he+remuf ter called the grantee,
I Whe►ever rued herein the terms "nantar" end " irentee" include all the parties to thh Instrument and
the heim legal representative: And Amegis o! indi, . 0, and the sucaesmn and a�wwn. .+r rerpnratine.)
d 10.00 1
ltneSSe #h: That the grantor, far an in Dana! Hratiurt �f the aunt of � ta.er otitcr
tialriable vonsidvrations, rf -celpt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, re-
mises releuses, t:onireys etrtci corifirnis unto the grantee, all that certain land situale in Palm Beach
County, Florida, viz;
A parcel of land consisting of approximately► 2.985 acres
and more particularly described in Exhibit 'A" attached
hereto and made a part hereof.
SUBJECT to casements, restrictions and reservations of
record and taxes for the year 1991 and thereafter.
BY ACCEPTANCE of this Deed, the Grantee, its SLID PSEinrs anti ar'sigiir;,
hereby agrees:
(1) to commence construction of a perfurinin arts center and audi-
torium upon the property no latex' than gecember 31, 1992;
(2) upon completion of said construction to utilize the property as
a performing arts center and auditorium; and
(3) that, thereafter, should the property herein conveyed cease to
be used as a performing arts center and auditorium prior to
December 31, 2011, then title to the property therein conveyed
shall thereupon revert to and revert in the Grantor, its
successors and assigns.
Together, with all they teneirients, heredttaments and appurtenances thereto belonging or in any -
wise apperlat flirt g.
To Nave and to Mold, the same to fee simple forever,
find lire grantor 1icreby covenanls ter A valet gran &to that Ike grantor is In0riffy Seized of said land
to fe+r sirreple, tltnt the grantor has good right and lawful authority to sell and convey said land, and here-
by warrants the title to said land and Will defend the same against they lawful claims of all persons claiming
by, litroitgh or under llte said grantor
]n DORM thereof, the said grantor
first above written.
Sitlr lwaled and deli cf in our prescnct3:
- - - - - -- ... .. ... .......
r]'I'ATS eAF VTfIFTtjA
COUNTY OF Palm Beach
hhs Ireunto met it$ anti and seal The day ateai year
OF PALM B ACH GARDENS
T ' tiaeY ta'r G v ay'Vr
ATTEST:
� ir�da dY. Rosier, City- �1et•i
Y HEREBY CERTIFY that on this dav, before me, an
I,il7 HVF-' I I
EXHIBIT "A"
D£BCriDtioil
A parcel of Ifind in the Scut ona k os1� Vmwrt:r-r, of
Section 6, Township 42 SUvLh, R. -miyo 47 Piolm Or,--rich Coullty,
Florida, being more particularly described as tollows
The South 279.69 feet of the West 465 feel- or, Liza Itorthwont onFj
Quarter, -(N.Vt.1 /41', of the SCUtllr" t: 011"" Qun "'U' K5.L.1 /4) , of
the Southeast one quarter, of said Section 6, subject
to a 25 foot eavement for drainage purl)oses over the North 25
feet and Enat 2S feat: !;Ulexcol:.
Containing 2.905 nacres more or less.
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Excerpts from tape of 1/22/92 City Council Meeting re: Publix
After motion to approve Resolution 1 106, 1991, Mayor Martino stated:
"Richard, we have a site plan which Mr. Brock has indicated he
will, as far as the landscaping code is concerned, will make
provisions on the documentation that would suggest and enforce the
fact that what he put into the record that he would meet code."
"How can we get that certified, Mr. Brant ?"
Bill Brant: "Well, it's in the record and he's standing there."
Councilman Kiselewski: "And, we can't approve anything else because
you just put in the record that it's got to meet code."
Councilman Kiselewski: "I would submit to you Alan this is, just
like you and I are in the building business, and you know that you
go a building official and he approves something and you get out
onto the site and all of a sudden the building official says loops
I missed it on the plan' and what happens is you still have to
change it ".
Alan Strassler: "I don't think Mark went back to look at the
original plans approved in 1985. I'm sure he didn't. But, what
he did do is look at the plan that was submitted and we thought we
were ok based on the fact that the planning board didn't say
anything."
Councilman Kiselewski: "I would suggest from here on in the future
any time anything like this comes up I would like to see our
Forester, instead of everybody telling us what he said ".
Councilwoman Monroe: "Bill, I'm going on memory of hearing some
attorney somewhere talk about case history and staff giving perhaps
information that later is deemed not to be the right information,
yet the codes have to be upheld and that does not put the City in
jeopardy. When you find the problem you correct it and go on."
Bill Brant: "You are correct as far as you made your statement,
unless, and we've had one or two situations in the past, where vast
amounts of money and time have been spent. This is not the case
here."
Mr. Brock: " I have told the Council and have gone on record that
I will definately meet the code requirement for the buffer along
Northlake Boulevard, I would please ask your consideration in
moving forward."
In response to Councilman Kiselewski:,
Mr. Brock: "I will definately meet the code requirements for the
entire project ".
Councilwoman Monroe: "I have a suggested compromise that I believe
we have done at lease once. Have we not approved a project with
the landscape plan to come back and be approved by resolution or
under separate approval."
Councilman Kiselewski and Councilman Russo: Why would you have to
do that if it meets the minimum code. You don't have a PUD. This
is straight zoning.
Councilman Kiselewski: "I suggest we move ahead with the issue.
Go ahead with the approval. The man has already indicated he is
going to meet the minimum landscaping standards.
• •
Mayor Martino: "Mr. Petitioner, you understand what you're
getting. Your getting a site plan based on what you presented to
date with this City and also everything that has not been discussed
has to be at least to the minimum of our codes."
Councilwoman Monroe: "Keep in mind that if you go strictly with
the minimum landscaping you will get no credit on landscaping (re:
Art in Public Places). If you want credit for landscaping, it's
got to be above the code."
Resolution 106, 1991 was unanimously approved as written.