City Council Special Meeting

City Hall City of Palm Coast 160 Lake Avenue Agenda Palm Coast, FL 32164 www.palmcoastgov.com City Council Special Meeting Mayor Milissa Holland Vice Mayor Robert G. Cuff Council Member Steven Nobile Council Member Nick Klufas Council Member Heidi Shipley Tuesday, January 30, 2018 9:00 AM City Hall City Staff Jim Landon, City Manager William Reischmann, City Attorney Virginia A. Smith, City Clerk > Public Participation shall be in accordance with Section 286.0114 Florida Statutes. > Other matters of concern may be discussed as determined by City Council. > If you wish to obtain more information regarding the City Council’s agenda, please contact the City Clerk's Office at 386-986-3713. > In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact the City Clerk at 386-986-3713, at least 48 hours prior to the meeting. > City Council Meetings are televised on Charter Spectrum Networks Channel 495 and on AT&T U-verse Channel 99. > All pagers and cell phones are to remain OFF while City Council is in session. CALL TO ORDER PLEDGE OF ALLEGIANCE TO THE FLAG ROLL CALL PUBLIC PARTICIPATION Public Participation shall be held in accordance with Section 286.0114 Florida Statutes. After the Mayor calls for public participation each member of the audience interested in speaking on any topic or proposition not on the agenda or which was discussed or agendaed at the previous City Council Workshop, shall come to the podium and state their name. Each speaker will have up to three (3) minutes each to speak. The Mayor will advise when the three (3) minutes are up and the speaker will be asked to take a seat and wait until all public comments are finished to hear answers to all questions. Once all members of the audience have spoken, the Mayor will close public participation and no other questions/comments shall be heard. Council and staff will then respond to questions posed by members of the audience. Should you wish to provide Council with any material, all items shall be given to City of Palm Coast Created on 1/26/18 1  the City Clerk and made part of the record. If anyone is interested in discussing an issue further or ask additional questions, individual Council Members and staff will be available after the meeting to discuss the matter and answer questions. RESOLUTIONS RESOLUTION 2018-XX APPROVING THE 8TH AMENDMENT TO THE CONTRACT FOR THE SALE OF THE CITY PROPERTY WITH TOWN CENTER, LLC PUBLIC PARTICIPATION Remainder of Public Comments is limited to three (3) minutes each. ADJOURNMENT City of Palm Coast Created on 1/26/18 2  City of Palm Coast, Florida Agenda Item Agenda Date:1/30/2018 Department Administration/Economic Amount Development Item Key Account # Subject RESOLUTION 2018-XX APPROVING THE 8TH AMENDMENT TO THE CONTRACT FOR THE SALE OF THE CITY PROPERTY WITH TOWN CENTER, LLC Background : In December 2016, City Council approved a contract for the sale of City SR100 CRA Property to Palm Town Center, LLC (Unicorp). This sale was approved in order to accomplish the SR 100 CRA redevelopment goals of eliminated and reducing blight and providing an improved entrance to the City’s downtown. In addition, the redevelopment will result in a net positive economic impact to the SR 100 CRA and the City as a whole. The contract and redevelopment will occur in two phases: Phase 1 - Wawa convenience store and Phase 2 – additional commercial development along Bulldog Drive. Since that time, Unicorp and the developer have been working through the due diligence and site planning process. Within City staff approval authority, several amendments (#1,#2,#3,#4,#6, and #7) were executed to extend the due diligence period to allow for Unicorp and City staff to work through some redevelopment challenges. Additionally, City Council approved Amendment #5 which provided for easements across City property for ingress/egress and stormwater. Unicorp is scheduled for PLDRB in February and City Council in March for the required land use approvals. Unicorp will be closing on Phase 1 Property (including the City parcels) this Wednesday, January 31st. In order to facilitate the closing and memorialize the changes to the redevelopment plan and agreement, City staff is recommending City Council approve Amendment #8. Recommended Action: Adopt Resolution 2018-XX approving the 8th amendment to contract for the sale of city property with Palm Town Center, LLC. 3  RESOLUTION 2018 -____ AMENDING THE CONTRACT WITH PALM TOWN CENTER, LLC A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM COAST, FLORIDA, APPROVING AMENDING THE CONTRACT FOR PURCHASE AND SALE BETWEEN PALM TOWN CENTER, LLC, AND THE CITY OF PALM COAST; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR IMPLEMENTING ACTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 6, 2016, City Council approved a contract for Purchase and Sale with Palm Town Center, LLC; and WHEREAS, after further due diligence and planning with the Developer, the approved contract needs to be amended to accomplish the City’s redevelopment goals. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY OF PALM COAST, FLORIDA: SECTION 1. APPROVAL OF THE 8TH AMENDMENT TO THE CONTRACT FOR PURCHASE AND SALE. The City Council of the City of Palm Coast hereby approves the 8th Amendment to the Contract for Purchase and Sale with Palm Town Center, LLC (attached hereto as “Exhibit A”). SECTION 2. AUTHORIZATION TO EXECUTE. The City Manager, or designee is hereby authorized to execute the necessary documents. SECTION 3. SEVERABILITY. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Resolution are severable, and if any phrase, clause, sentence, paragraph or section of this Resolution shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Resolution. SECTION 4. CONFLICTS. All resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are hereby repealed. SECTION 5. IMPLEMENTING ACTIONS. The City Manager is hereby authorized to take any actions necessary to implement the action taken in this Resolution. SECTION 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon its passage and adoption. Resolution 2018-_____ Page 1 of 2 4  DULY PASSED AND ADOPTED by the City Council of the City of Palm Coast, Florida, on this 30th day of January 2018. CITY OF PALM COAST, FLORIDA MILISSA HOLLAND, MAYOR ATTEST: VIRGINIA A. SMITH, CITY CLERK Attachment: Exhibit A – Contract Amendment for Purchase and Sale of City Property to Palm Town Center, LLC Approved as to form and legality __________________________________ William E. Reischmann, Jr., Esq. City Attorney Resolution 2018-_____ Page 2 of 2 5 6 7 8 9 10 11