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19 <br /> <br />until tomorrow to execute the agreement. Mr. Brown suggested that Council take up the <br />agreement resolution at this time. <br /> <br />RESOLUTION: AUTHORIZING COST SHARING AGREEMENT WITH <br />ALBEMARLE COUNTY RE: PURCHASE OF HEDGEROW PROPERTIES <br /> <br /> Mr. Caravati made a motion to approve the resolution, amended by striking item 6 <br />on page 2 because he said he feels it is a lawsuit trap. Mr. Schilling seconded the motion <br />for the purpose of discussion. <br /> <br /> Mr. Brown said that the language caused City staff some concerns so a sentence <br />was added reflecting that all terms and conditions of a future sale would be subject to <br />approval by the City and County. He said the County will only approve the agreement if <br />the sentence that Mr. Caravati requested be removed remains. Mr. Brown said that if <br />Council fails to approve the resolution, he is skeptical that the deal with go through. <br /> <br /> Mr. Lynch said he is not particularly concerned by the County language because <br />if we are in a situation where we want to sell, the City will have the first right of refusal, <br />and he feels this protects the City. He said he is not sure the sentence hurts the City's <br />interests. <br /> <br /> Responding to a question from Mr. Schilling, Mr. Brown said that there is no <br />language that City staff thought should be in the agreement that is not. He said leaving <br />the County language in leaves open the potential for a dispute in the event the property is <br />marketed for sale to a third party above market rate. He said it tees up whether the City's <br />refusal is reasonable. <br /> <br /> Ms. Hamilton asked if the City can alter an agreement the County has already <br />signed. <br /> <br />Mr. Brown said this would be problematic because of the deadline tomorrow. <br /> <br /> Mr. Schilling asked if an attempt has been made to contact the sellers to see about <br />extending the deadline. He said he hates having no time to deal with this issue. <br /> <br />Mr. O'Connell said the deadline has already been extended. <br /> <br /> Mr. Brown said we did not ask for another extension, but the sellers have been <br />firm regarding the deadline and have another buyer for the property. <br /> <br /> Dr. Brown said we should not lose sight of the big picture. He said we need the <br />space for the courts and to keep them downtown. He said he agrees with Mr. Lynch, and <br />the fundamental issue is the City will have the first right of refusal in the event of a future <br />sale. He said he would like to see Council move forward. <br /> <br /> Mr. Lynch said he thinks the County had a reasonable basis to add the language <br />as they may want to move the courts to the County in the future. <br /> <br /> Mr. Schilling said it has been called to his attention that this is not the only issue, <br />and the County have may issues with other properties. Mr. Schilling said if staff is aware <br />of other issues they should make Council aware of them. <br /> <br /> Mr. O'Connell said that the issue referred to by Mr. Schilling is scheduled to be <br />discussed with Council in closed session on July 20th. <br /> <br /> Mr. Caravati's motion to amend the resolution was denied by the following vote. <br />Ayes: Dr. Brown, Ms. Hamilton, Mr. Lynch. Noes: Mr. Caravati. Abstaining: Mr. <br />Schilling. Mr. Schilling said he does not have enough information. <br /> <br /> The $2,687,500 appropriation for the purchase of Hedgerow Properties, which <br />was offered at the July 6th meeting, was approved by the following vote. Ayes: Dr. <br /> <br /> <br />