RESOLUTION 2009-___
Settlement and Development Agreement between
SeaGate Communities, Inc. and the City of Palm Coast
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM COAST, FLORIDA APPROVING THE SETTLEMENT AND
DEVELOPMENT AGREEMENT (SETTLEMENT AGREEMENT)
BETWEEN THE SEAGATE COMMUNITIES, INC. (DEVELOPER)
AND THE CITY OF PALM COAST (CITY); 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, on March 6, 2006, Seagate Communities, Inc. (Developer) filed an
application for a comprehensive plan amendment (the “Original Application”) for a 27.8±
acre site known as Parcel 358 and Ryan’s Landing in Palm Coast, Florida, as more
particularly described in the Settlement Agreement as attached hereto and incorporated
herein as Exhibit “A” (hereinafter referred to as the “Property”), seeking to amend the
Future Land Use Map (FLUM) changing 27.8± acres of the Property from Greenbelt to
Residential; and
WHEREAS, on March 20, 2007, the City Council of the City of Palm Coast, at a
legislative hearing, entered an order denying Developer’s Comprehensive Plan
Amendment; and
WHEREAS, Developer and the City are currently engaged in litigation pending in
the Circuit Court of the Seventh Judicial Court, Case No. 07-CA-1102, pertaining to the
City’s refusal to approve the Developer’s Comprehensive Plan Amendment; and
WHEREAS, Developer has submitted an alternative plan for development of the
Property, and, in connection therewith, the City has initiated a proposed comprehensive
plan amendment to change 22.8± acres of the Property to Planned Unit Development
(“PUD”) for a 69-lot residential subdivision, and has filed a Conceptual Site Plan; and
WHEREAS, the City Council of the City of Palm Coast desires to approve the
Settlement Agreement between Developer and the City which describes the alternative
plan for the development of the Property and provides for eventual dismissal of the lawsuit
by the Developer; and
WHEREAS, the parties, by entering into the Settlement Agreement, wish to settle
all claims and disputes arising out of the litigation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PALM COAST, FLORIDA AS FOLLOWS:
SECTION 1. APPROVAL OF AGREEMENT. The City Council of the City of
Palm Coast hereby approves the terms and conditions of the Settlement Agreement
Resolution 2009-____
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between the Developer and the City, as attached hereto and incorporated herein, and
referenced by Exhibit “A."
SECTION 2. AUTHORIZATION TO EXECUTE. The Mayor, or designee, is
hereby authorized to execute the necessary documents.
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.
SECTION 6. EFFECTIVE DATE. This Resolution shall take effect immediately
upon adoption by the City Council.
DULY ADOPTED by the City Council of the City of Palm Coast, Florida, on this
17th day, of February 2009.
CITY OF PALM COAST, FLORIDA
ATTEST:
JON NETTS, MAYOR
CLARE M. HOENI, CITY CLERK
Attachments: Exhibit “A” SeaGate Settlement Agreement
Approved as to form and legality
William E. Reischmann, Jr., Esq.
City Attorney
Resolution 2009-____
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