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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. ~A!!'- Charles P. DiGiovanna, Vice President "-----=~==:._____~__::::, s::::±:::::::~l~..:J~~==­ John Dolson, Vice President Enclosure 1499108 BLOOMINGDALE'S, INC. ~---- Charles P. DiGiovanna, Vice President ·~ ,. - 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 4 1 42 43 44 45 46 ·. 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 Page 1 of 3 ; I' I·· j .. · I. t' i i. I: I · I ! . I tr.~ .. . ·: . ·'· ': 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 4 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. 8 9 10 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 11 OF PALM BEACH GARDENS, FLORIDA that: 12 13 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 14 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: 19 20 (See Exhibit "A" for Legal Description) 21 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 : 25 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 . 33 34 Anchor Tenant: Shall be defined as tenancy equal to or exceeding 100.000 square feet 35 in gross floor space . 36 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 . 40 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 . 43 44 SECTION 6. This Resolution shall become effective immediately upon adoption. 45 46 Page 2 of 3 !. I I i 1: t·· ! '. i !; '··. ! :. ~ I. I : .. ·: . .. .. .. 1 2 3 PASSED AND ADOPTED this f).~IJ day of FeiJtw~ Resolution 20, 2012 f 2012. 4 CITY OF PALM BEACH GARDENS, FLORIDA 5 6 7 .... -: ·' :8 ::-:" ~:. ~.~o ---~~-··· .. ~· ~-"'" ,\ ' '·.;--···-.... / , ;. 1£>: .. ,A~·~' ··:· BY: /fJ.q 2 ~ David Levy, Mayor --:: . . -----.. . -, ':"' ~. i11 .. 2~~---~-..... ::._·~·: ... :~ ··1~...:._7 . ·1+f·~ ~'""""~t~:-ci¥!'a ..... s""ni_..d'-er-. _C_M_C\-, -ity-C-Ie_rk_ 15 .· ·-::--:-.. 16 . 17 18 19 20 21 BY::~~_J~~~======~ 22 23 24 25 26 ·27 28 VOTE: 29 30 MAYOR LEVY 31 32 VICE MAYOR PREMUROSO 33 34 COUNCILMEMBER RUSSO 35 36 . COUNCILMEMBER JABLIN 37 38 COUNCILMEMBER TINSLEY 39 40 41 42 43 44 45 AYE NAY ABSENT L_ __ · _L ~ _L__ _L __ 46 47 G:\attomey_share\RESOLUTIONS\2012\Resolullon 20 2012-gardens mall.docx Page 3 of 3 . i. !· i I· !. . :..•• -~· 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 i I i i· , . I • I ! ~ .. I. I ; l ,. ! '. i . ! i I i J• ~ .... '. · .. 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 Page 5 of3 I. t: I I !: I !· ..