1994-12 Amends PUD Harbour Point Marina' ORDINANCE N0..12-94
AN ORDINANCE OF T7;E VILLAGE COUNCIL OF THE
VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING
ORDINANCE N0. 6-94•WHICH CREATED A PLANNED
UNIT DEVELOPMENT KNOWN AS "HARBOUR POINT
MARINA" BY APPROVING AN INCREASE IN LANDS
COMPRISING THE PLANNED UNIT DEVELOPMENT FROM
11.314 ACRES, MORE OR LESS, TO 13.66 ACRES,
MORE OR LESS, LOCATED WITHIN THE VILLAGE AND
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"
ATTACHED AND MADE A PART HEREOF; PROVIDING FOR
RELOCATION OF THE ACCESS ROAD WITHIN THE
PLANNED UNIT DEVELOPMENT IN ACCORDANCE WITH
THAT CERTAIN PLAN DRAWN BY ARCHITECTURAL
DESIGN ASSOCIATES DATED AUGUST 20, 1993, AS
REVISED APRIL 29, 1994, AND JUNE 6, 1994,
CONSISTING OF ONE (1) SHEET ATTACHED AS
EXHIBIT "B" AND EXPRESSLY MADE A PART HEREOF;
REVISING SECTION 4 OF ORDINANCE NO. 6-94
PROVIDING FOR AN INCREASE IN THE CASH
CONTRIBUTION AND PROVIDING FOR TERMS OF
PAYMENT; PROVIDING FOR THE REPEAL OF ALL
' ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA:
Section 1. The Village Council of the Village of North Palm
Beach, Florida, does hereby amend Ordinance No. 6-94 which created
a Planned Unit Development known as "Harbour Point Marina" by
approving an increase in lands comprising the Planned Unit
Development from 11.314 acres, more or less, to 13.66 acres, more
or less, located within the Village and more particularly described
in Exhibit "A" attached hereto and made part hereof.
Section 2. The Village Council of the Village of North Palm
Beach, Florida, does further amend Ordinance No. 6-94 to provide
' for relocation of the access road within the Planned Unit
Development in accordance with that ,certain plan drawn by
Architectural Design Associates dated August 20, 1993, as revised
April 29, 1994, and June 6, 1994, consisting of one (1) sheet
attached as Exhibit "B" and expressly made a part hereof.
Section 3. Ordinance No. 6-94 is further amended by the
Village Council by revising Section 4 thereof to provide for an
increase in the cash contribution and providing for terms of
payment with Section 4 to now read as follows:
"Section 4. In lieu of the Petitioner dedicating five
(5~) percent or more of the area of the lands comprising the
Planned Unit Development for public use, the Petitioner shall pay
to the Village of North Palm Beach, a cash contribution of
' S150,000.00 in the manner hereinafter set forth. Petitioner shall
pay to the Village the sum of $10,000.00 within thirty (30) days
from the effective date of this Ordinance. Petitioner shall pay an
additional 520,000.00 to the Village ire increments of $10,000.00
upon sale of each of the first two (2) single-family residential
lots in Phase 1 of the Planned Unit Development and an additional
$20,000.00 immediately upon sale of the third single-family
residential lot in Phase 1 of the Planned Unit Development. A sale
is herein defined to mean the Petitioner causing a transfer of the
legal or equitable title to a single-family residential lot in
Phase 1 of the development. If the sum of $50,000.00 specified
above has not been paid under the above payment schedule by October
' 1, 1994, the balance of the said $50,000.00 shall be paid to the
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' Village on or before October 1, 1994. Payment of said 550,000.00
in accordance with the time frames specified herein and performance
of other terms and provisions called for on the part of Petitioner
in this Ordinance shall allow the Petitioner or their successors in
interest to secure building permits for the eight (8) lots in Phase
1. The failure of Petitioner to pay the $100,000.00 balance of
cash contribution shall not prevent Petitioner or successors in
interest from securing building permits for the eight (8) lots in
Phase 1.
The sum of $50,000.00 of the cash contribution shall be paid
to the Village on or before October 1, 1995, or upon issuance of
the first building permit in Phase 2 or the first building permit
' in Phase 3, whichever event first occurs.
The balance of the cash contribution of $150,000 or the sum of
$50,000.00 shall be paid to the Village on or before October 1,
1996, or upon issuance of the first building permit in the
remaining of the two (2) phases of the Planned Unit Development,
whichever event first occurs. The cash contribution or portion
thereof shall not be due to the Village by reason of Petitioner
securing a building permit for the marina operations building
generally located in the vicinity of the fuel dock as shown on the
Exhibit "B" Site Plan or for building permits issued for
maintenance and repair of existing facilities currently located on
the Exhibit "A" property.
Except as otherwise provided herein, upon Petitioner's failure
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' to pay any installment of cash contribution in accordance with the
time frames specified in this Section 4, Petitioner shall be in
default and shall not be entitled to further building permits with
the Planned Unit Development and underlying zoning of C-1
Neighborhood Commercial District to remain in its present status
until such time as the Petitioner secures renewal or amendment of
development, which renewal or amendment shall be in the discretion
of the Village Council.
The payment of the cash contribution specified in Section 4 of
this Ordinance shall satisfy the requirements of Section 36-23
entitled Public Site and Open Spaces of the Code of Ordinances,
which requires dedication of land for public use or a cash
contribution as a condition for the approval of a preliminary plat.
If additional platting or replatting of subject real property is
accomplished after the boundary plat called for in this Ordinance,
no additional cash contribution or dedication of land shall be
required.
The foregoing cash contribution shall satisfy all impact fees
to the Village; however, in addition thereto, the Petitioner shall
pay to the County of Palm Beach all impact fees in accordance with
the requirements of the Palm Beach County Code."
Section 4. All Ordinances or parts of Ordinances in conflict
herewith are hereby repealed.
Section 5. This Ordinance shall take effect immediately upon
passage.
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' PLACED ON FIRST READING THIS 9th DAY OF June 1994.
PLACED ON PUBLIC HEARING THIS 23rd DAY OF June 1994.
PLACED ON SECOND, FINAL READING, AND PASSED THIS 23rd DAY OF
__ June 1994.
1~ /ia /~/va ar
YOR
(Villageaeal)
ATTEST:
VILLAGE CLERK ~~
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