HomeMy WebLinkAbout030617 Palm Beach Gardens Resolution 20, 2012February 23, 2017
Palm Beach Gardens City Council
City Hall
10500 N Military Trail
Palm Beach Gardens, FL 33410
Re: Palm Beach Gardens Resolution 20. 2012
Dear Palm Beach Gardens City Council:
~EM~-r
BY~-----
As long-standing members of the Palm Beach Gardens business community and as City tax payers,
we are writing you to request that the City revoke City Resolution 20, 2012, passed in February
2012 (enclosed), which requires all anchor tenants at the Gardens Mall, including Macy' s,
Bloomingdale's and Nordstrom, to seek both mall ownership's and City Council approval before
subleasing or otherwise licensing any portion of our stores at the Gardens Mall. This Resolution
is bad public policy because it retroactively invalidates commercial contractual matters that were
negotiated at arms-length by sophisticated parties. The Resolution was enacted at the request of
one of the contracting parties who no longer wishes to honor the terms of the leases it negotiated.
Furthermore, this Resolution is discriminatory, singling out only anchor retailers who are at this
specific mall, treating them differently from all other retailers in the City.
Macy's was one ofthe three original anchor or major tenants at the Gardens Mall when it opened
in 1988. Bloomingdale's became an anchor tenant at the Gardens the following year, in 1989 .
Nordstrom joined the Gardens as an anchor tenant in 2004. Combined, our three stores have
approximately 70 years of investment in the Palm Beach Gardens community and the Gardens
Mall. Over that time, we have employed thousands of residents of the Palm Beach Gardens
community and generated substantial tax revenue for the City, both directly and indirectly. The
Gardens Mall anchors have been and continue to be a vital part of the Palm Beach Gardens
business community.
We understand that it was mall ownership, Forbes/Cohen, that applied for and sought the passage
of the Resolution. This Resolution not only singles out the few of us that are anchors at the
Gardens, it also specifically reverses the contractual rights that were heavily negotiated by mall
ownership and each anchor tenant, which contractual rights have been governing the relationship
between the parties since those leases were signed decades ago.
To make matters worse, we learned of the Resolution only after it had been passed and therefore
did not have a voice at the table when this Resolution was being considered. While it was not
surprising that Forbes/Cohen would keep silent about its activities to unwind the contractual rights
it specifically granted to us through our lease documentation, we are disappointed and surprised
that the City failed to seek our input, not only because we are long-standing anchors at the Gardens
but also because the Resolution directly impacts and singles us out.
Our agreements with mall ownership specifically grant us the right to subdivide and sublease our
spaces without the approval of mall ownership. These contractual rights are fairly common in the
industry, in all jurisdictions throughout the United States. We are not aware of any other
jurisdiction that circumvents these typical, commercial contractual rights by requiring municipal
approval before these rights can be exercised.
We do not believe that the City Council has ever passed a similar resolution that affects the
subleasing rights of any other tenant in the Gardens Mall. We do not believe that the City Council
has ever passed a similar resolution that affects the subleasing rights of anchor tenants outside of
the Gardens Mall. We do not believe that the City Council has ever passed a resolution that seeks
to retroactively undo the subleasing rights of tenants in Palm Beach Gardens. By passing this
Resolution, the City Council has singled out only anchor tenants at the Gardens Mall.
The City has shown that it is willing to act on limited information at the request of a single property
owner, and to unwind contractual rights, retroactively, that have been in place for decades, without
seeking input from all parties affected. Any retailer, or any other business for that matter, should
be concerned about doing business in Palm Beach Gardens. This is not the way to attract business
and revenue to the City of Palm Beach Gardens and does a disservice to both the City's business
community and its citizens.
We strongly urge the City Council to correct this wrong and rescind Resolution 20, 2012.
Sincerely,
MAcv's FLORIDA STORES, LLC.
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Charles P. DiGiovanna, Vice President
"-----=~==:._____~__::::, s::::±:::::::~l~..:J~~==
John Dolson, Vice President
Enclosure
1499108
BLOOMINGDALE'S, INC.
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Charles P. DiGiovanna, Vice President
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RESOLUTION 20, 2012 .,... ..
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO
THE GARDENS .-'-NIALL DEVELOPMENT ORDER TO PROVIDE
CLARIFICATION OF ANCHOR TENANT SPACE USE, AS MORE
PARTICULARLY DESCRIBED HEREIN; PROVIDING A CONDITION
OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
WHEREAS, the City Council, as the governing body of the City of Palm Beach
Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida
Statutes, and the City's Land Development Regulations, is authorized and empowered
to consider petitions related to zoning and land development orders; and
WHEREAS, on November 15, 1984, the City Council approved Resolution 62 ,
1984, which approved a Planned Unit Development (PUD) for the Gardens Mall for
1,200,000 of gross leasable floor area; and
WHEREAS, on May 15, 1986, the City Council adopted Resolution 21 , 1986,
amending the Gardens Mall Development Order for the addition of 190,000 square feet
of gross leasable area, resulting in a maximum of 1,390,000 square feet of gross
leasable area, and authorizing a parking space reduction to 4.9 parking spaces per
1 ,000 ·square feet of gross leasable area; and
WHEREAS, on August 19, 2004 , Resolution 159, 2004 was approved by the City
Council, which provided for the construction of a 144,000-square-foot department store
fo'r Nordstrom; the expansion of Macy's department store by 90,000 square feet; the
expansion of Saks Fifth Avenue by 35,000 square feet; the expansion of the Gardens
Mall by 32,000 square feet; a reduction in the parking ratio; and other minor
modifications to portions of the parking lot; and
WHEREAS, on April 20, 201 1, the City approved an administrative petition
(ADMN-11-03-000403) to restripe the parking lot and widen the existing landscape
islands within the parking area at the Garden Mall ; and
WHEREAS, the subject site is currently zoned Commercial-General (CG -1 ) I
Planned Unit Development (PUD) I DRI Zoning Overlay and has a future land-use
designation of Commercial (C); and
WHEREAS, the Planning and Zon ing Department has reviewed the application ,
has determined that it is sufficient and consistent with the City's Comprehensive Plan
and Land Development Regulations, and has recommended approval; and
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Resolution 20,2012
1 WHEREAS, the City Council has considered the evidence and testimony
2 presented by the Applicant and other interested parties and the recommendations of the
3 . various City of Palm Beach Gardens reviewing agencies and staff; and
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5 WHEREAS, the City Council deems approval of this Resolution to be in the best
·· 6 interests of the health, safety, and welfare of the residents and citizens of the City of
7 Palm Beach Gardens and the public at large.
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10 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
11 OF PALM BEACH GARDENS, FLORIDA that:
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13 SECTION 1. The foregoing recitals are hereby affirmed and ratified.
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15 SECTION 2. The application is hereby APPROVED for an amendment to the
16 Gardens Mall development order in order to provide language clarifying anchor tenant
17 space use and providing a definition of anchor tenant for the real property described as
18 follows:
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20 (See Exhibit "A" for Legal Description)
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22 SECTION 3. The following condition and definition shall be included as part of
23 the development order, which shall be the responsibility of and binding upon the
24 Applicant, its successors, or assigns :
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26 · 1. Prior to any proposed structural modifications. installation of kiosks. and/or any
27 subdivision of an anchor tenant space into any sub"space which requires
28 separate business tax receipts and/or newly separate licensing of any kind
29 whatsoever for the business enterprise intending to occupy the newly created
30 sub"space. anchor tenants must obtain City Council approval. Prior to seeking
31 City Council aporoval the subject anchor tenant must obtain approval for the
32 subject modification from mall ownership .
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34 Anchor Tenant: Shall be defined as tenancy equal to or exceeding 100.000 square feet
35 in gross floor space .
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37 SECTION 4. All terms and conditions of all previous development order
38 amendments shall remain in full force and effect and shall not be revoked or repealed
39 by any portion of this Resolution .
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41 SECTION 5. This approval shall be consistent with all representations made by
42 the Applicant or the Applicant's agent at any public hearing .
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44 SECTION 6. This Resolution shall become effective immediately upon adoption.
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PASSED AND ADOPTED this f).~IJ day of FeiJtw~
Resolution 20, 2012
f 2012.
4 CITY OF PALM BEACH GARDENS, FLORIDA
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BY: /fJ.q 2 ~
David Levy, Mayor
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21 BY::~~_J~~~======~
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28 VOTE:
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30 MAYOR LEVY
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32 VICE MAYOR PREMUROSO
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34 COUNCILMEMBER RUSSO
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36 . COUNCILMEMBER JABLIN
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38 COUNCILMEMBER TINSLEY
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AYE NAY ABSENT
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Resolution 20, 2012
EXHIBIT "A"
. LEGAL DESCRIPTION:
A PARCEL OF LAND LYING IN THE NORTH 1/2 OF SECTION 6, TOWNSHIP 42
SOUTH, RANGE 43 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH
COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE CENTER OF SAID SECTION .6, THENCE S. 88°45'08" E
ALONG THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF SAID
SECTION 6, A DISTANCE OF 763.55 FEET; THENCE N 01°14'52" E A DISTANCE OF
70.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF P.G.A.
BOULEVARD AS RECORDED IN O.R.B . 4442, PAGES 856 THROUGH 874 OF THE
PUBLIC RECORDS OF SAID PALM BEACH COUNTY AND THE POINT OF
BEGINNING; THENCE S 88°45'08" E ALONG SAID RIGHT-OF-WAY LINE AND
THROUGH THE FOLLOWING COURSES A DISTANCE OF 167.97 FEET; THENCE N
01°14'52" E A DISTANCE OF 12.00 FEET; THENCE S 88°45'08" E A DISTANCE OF
162.07 FEET; THENCE N 43°40'03" W DEPARTING FROM SAID RIGHT-OF-WAY
LINE A DISTANCE OF 35.41 FEET; THENCE N 01°25'01" E A DISTANCE OF 167.93
FEET; THENCE S 88°34'59" E A DISTANCE OF 165.49 FEET TO A POINT OF
CURVATURE OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF
225.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 24°49'18" A DISTANCE OF 97.47 FEET TO A
POINT OF TANGENCY; THENCE N 66°35'43" E A DISTANCE OF 487.89 FEET;
THENCE S 29°09'19" E A DISTANCE OF 57.23 FEET TO A POINT OF CURVATURE
OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 150.00 FEET;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 37°12'25" A DISTANCE OF 97.41 FEET TO A POINT OF
TANGENCY; THENCE S 66°21 '44" E A DISTANCE OF 41.84 FEET; THENCE S
22°58'41" E A DISTANCE OF 48.08 FEET TO A. POINT ON A NON-TANGENT CURVE
CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 585 .87 FEET, THE CHORD
OF WHICH BEARS N 32°47'12" E; THENCE NORTHEASTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°45'39" A DISTANCE OF
253.19 FEET TO A POINT OF TANGENCY; THENCE N 45°10'02" E A DISTANCE OF
20.00 FEET; THENCE N 46°09'35" E A DISTANCE OF 150.00 FEET TO A POINT ON
A NON-TANGENT CURVE CONCAVE NOR)"HWESTERL Y. HAVING A RADIUS OF
470.87 FEET, THE . CHORD OF WHICH BEARS N 18°22'52' E; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 33°55'42" A DISTANCE OF 278.83 FEET TO A POINT OF TANGENCY;
THENCE N 01°25'01" E A DISTANCE OF 368 .61 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF
570.87 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 35°04'51" A DISTANCE OF 349.53 FEET TO A
POINT OF TANGENCY; THENCE N 36°29'52" E A DISTANCE OF 20.34 FEET;
THENCE N 08°30'08" W A DISTANCE OF 49.50 FEET; THENCE N 53°30'08" W A
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Resolution 20, 2012
DISTANCE OF 625.68 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE
SOUTHERLY HAVING A RADIUS OF 1100.92 FEET; THENCE WESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 46°55'16" A
DISTANCE OF 901.57 FEET TO THE POINT OF TANGENCY; THENCE S 79°34'36"
W A DISTANCE OF 1355.52 FEET; THENCE S 34°04'49" W A DISTANCE OF 49.93
FEET; THENCE S 11°24'59" E A DISTANCE OF 175.38 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 570.87
FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 12°50'00" A DISTANCE OF 127.87 FEET TO THE POINT OF
TANGENCY; THENCE S 01°25'01'' W A DISTANCE OF 574.96 FEET TO A POINT OF
CURVATURE OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF
470,87 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 31°44'44" A DISTANCE OF 260.89 FEET TO THE
POINT OF TANGENCY; THENCE S 30°19'43" E A DISTANCE OF 420.42 FEET TO A
POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY HAVING A
RADIUS OF 570.87 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 10°29'34" A DISTANCE OF 104.54
FEET; THENCE N 70°09'49" E A DISTANCE OF 10.00 FEET; THENCE N 19°33'44" E
A DISTANCE OF 44.43 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE
NORTHWESTERLY, HAVING A RADIUS OF 325.00 FEET, THE CHORD BEARS N
44°17'59" E; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 29°19'21" A DISTANCE OF 166.33 FEET TO THE
POINT OF TANGENCY; THENCE N 29°38'19" E A DISTANCE OF 43.82 FEET;
THENCE S 60°31'58" E A DISTANCE OF 436.75 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF
500.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC ·oF SAID .. CURVE
THROUGH A CENTRAL ANGLE OF 25°19'59" A DISTANCE OF 221.07 FEET;
THENCE S 01°25'01" W A DISTANCE OF 181.46 FEET; THENCE S 46°19'57" W A
DISTANCE OF 35.30 FEET TO THE POINT OF BEGINNING.
CONTAINING 100.367 ACRES, MORE OR LESS
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