CC Minutes 08/22/2005 - Laserfiche WebLink

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"...~,-"-_.. _...~"...--""- CASSELBERRY CITY COMMISSION Minutes of August 22, 200S - Regular Meeting Page 6 oft7 10. OLD BUSINESS A. AMENDMENT TO THE CONCORD VENTURES CONTRACT FOR THE PURCHASE OF THE CONCORD CENTER PROPERTY Staff Presentation: Mrs. Reischmann recommended the City Commission seek an extension to the closing date and due diligence period until September 16, 2005 in order for the City to complete its due diligence and to address additional legal concerns relating to the purchase and the eviction action on the property and water damage claims of some tenants. The First Amendment to the Commercial Contract to purchase the Concord Center also included an amendment to the legal description of the property. Mr. Moretti, owner of the Concord Center property agreed to the provisions of the First Amendment to the contract. Staff recommended approval ofthe First Amendment to the contract. Audience Participation: Two (2) audience comment request forms were received for this item. The following individuals came forward: I) Hal Billerbeck, 531 Sundown Trail, voiced concerns regarding Mayor Goffs and Commissioner Cook's opposition to purchasing the Concord Center property. 2) Scott Frazier, Attorney representing Kokopelli's Gym, Inc., 125 E. Jefferson Street, Orlando, stated his client's is one of the tenants of Concord Center and is currently in litigation with Mr. Moretti regarding water damage and mold issues. Mr. Frazier stated the gym's owner, Adam Pollack was present and is a resident of Casselberry, residing at 179 Hill Street. Mr. Frazier stated that his client did not object to the sale ofthe property, but wanted to resolve the litigation as part and parcel of that transaction. Mr. Frazier further elaborated that his client's interest is ifthe sale is completed that the litigation be settled and having the business continue at that location. Mr. Frazier submitted a mold analysis report to Mrs. Reischmann. MOTION: Commissioner Doerner moved to approve the First Amendment to Commercial Contract between Concord Ventures, LLC and the City of Casselberry, extending the closing date and due diligence period until September 16, 2005 and amending the legal description ofthe property. Motion was seconded by Vice Mayor Hart. Discussion on Motion: Mayor Goff submitted a written request to Mr. Segreto and Mrs. Reischmann with a list of 18 questions that he has received from concerned citizens about the Concord Center purchase. Commissioner Hufford requested a copy of the written request. Mr. Segreto stated all the members ofthe City Commission would be provided a copy of the Mayor's request. Discussion ensued regarding the purchase of the property to eliminate a current adult entertaimnent site, and if the property is purchased, whether it will be rented out to tenants by the City or resold. Commission consensus was that the extension was needed in order to complete due diligence. Motion carried unanimously by voice vote.