RESOLUTION 2007-

ACQUISITION AND PROTECTION OF LONG’S CREEK PROPERTY

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM COAST, FLORIDA APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH THE TRUST FOR PUBLIC LANDTO PREPARE A GRANT APPLICATION AND ASSISTANCE FOR THE ACQUISITION AND PROTECTION OF THE PALM HARBOR PARKWAY – LONG’S CREEK PROPERTY AS A WATERFRONT PARK IN THE CITY OF PALM COAST, FLORIDA; AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE SAID AGREEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR IMPLEMENTING ACTIONS AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS,the remaining undeveloped properties in the City of Palm Coast, and in particular those adjacent to rivers, lakes and wetlands, are irreplaceable resources that offer exceptional waterfront recreational opportunities for residents and visitors and whose protection provides the City with aesthetic and economic benefits; and

WHEREAS, maintaining the City’s special sense of place and quality of life is of paramount importance to residents and visitors and is encouraged by the City of Palm Coast’s Adopted Comprehensive Plan, and

WHEREAS, growth pressures in the City, Flagler County, and along the east coast of Florida may irreversibly alter the City’s community character through the conversion of the remaining undeveloped waterfront lands into residential and commercial development; and

WHEREAS, The City seeks to acquire one such property by submitting an application to the Florida Communities Trust (FCT) grant program during the Florida Forever FF-7 funding cycle, and

WHEREAS, FCT can provide significant matching funds to aide the City in the purchase of the site, consisting of an undeveloped wooded parcel situated on Palm Harbor Parkway and adjacent to Long’s Creek; and

WHEREAS, the Trust for Public Land (TPL), a national non-profit conservation organization, will be providing its acquisition expertise and staff assistance to the City, at no charge to the City, in the preparation of the FCT grant application and protection of the property; and

WHEREAS, the City recognizes that a match amount of 50% of the cost of acquiring the property will be necessary to ensure a higher likelihood of FCT funding this cycle; and

WHEREAS, TPL proposes to have an option agreement to acquire the property from the present landowner for eventual conveyance to the City of Palm Coast; and

WHEREAS, the City finds that obtaining title to the Palm Harbor Parkway – Long’s Creek property is in the public interest;

NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM COAST THAT:

  1. The City does hereby support the work of the Trust for Public Land to acquire the Palm Harbor Parkway – Long’s Creek property for the benefit of the public; and
  2. The City Council directs the City staff to begin working with TPL on obtaining and approving acquisition and other required documents, including two appraisals and a Contingent Purchase and Sale contract between the City and TPL that would be contingent upon: a) the City receiving notice from FCT that the City’s FCT application has been conceptually approved for funding; and b) the purchase price not exceeding the approved market value of the property as determined by the appraisals; and
  3. The City shall work in good faith to complete the acquisition and take title to the property from TPL within 90 days after the FCT notice of conceptual approval of acquisition funds.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM COAST, Florida AS FOLLOWS:

SECTION 1. APPROVAL OF AGREEMENT AND PROCUREMENT. The City Council of the City of Palm Coast hereby approves the terms and conditions of an agreement with The Trust for PublicLandas attached hereto and incorporated herein by reference as Exhibit "A”. The procurement implemented by the subject agreement has been accomplished in accordance with the controlling provisions of law and the codes and ordinances of the City of Palm Coast.

SECTION 2. AUTHORIZATION TO EXECUTE. The City Manager, or designee, is hereby authorized to execute the agreement as depicted in Exhibit "A". Additionally, the City Manager is authorized to take all reasonable actions to implement the terms and conditions of the agreement.

SECTION 3. Severability. If any section or portion of a section of this Resolution proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other section or part 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. This power is delegable only and solely to the Assistant City Manager.

SECTION 6.EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption by the City Council.

DULY PASSED and approved by the City Council of the City of Palm Coast, Florida, on this 1st day of May 2007.

CITY OF PALM COAST, FLORIDA
ATTEST: / James V. Canfield, Mayor
Clare M. Hoeni, City Clerk

Attachments:

Exhibit A – Agreement with the Trust for PublicLand

Resolution 2007-____

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