Apr 19, 2024 City Commission Special Meeting

[1. CALL TO ORDER]

[00:00:06]

ARE WE READY , TINA? I WANT TO CALL THIS MEETING TO ORDER.

THIS IS APRIL 19TH, 2024. IT IS A SPECIAL MEETING. PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE.

>> I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.

>> CALL THE ROLL. >>

[4. COMMENTS FROM THE PUBLIC Any person who wishes to comment on any subject may be heard at this time. Please limit your comments to three (3) minutes or less, as directed by the Mayor, as this section of the Agenda is limited to fifteen minutes. The City Commission will not be able to take any official actions under Comments from the Public. Speakers will address the Mayor, Commissioners, and the Public with respect. Inappropriate language will not be tolerated.]

>> NEXT ITEM, COMMENTS FROM THE PUBLIC.

>> THIS IS THE TIME FOR ANY MEMBER OF THE PUBLIC WOULD LIKE TO ADDRESS THE COMMISSION, PLEASE COME FORWARD.

>> ME COME AGAIN. IN MY OPINION , I THINK THE CITY SHOULD RIP THE BAND-AID OFF AND NOT GIVE THE EXTENSION.

BUT THERE ARE ISSUES ON BOTH SIDES. I URGE YOU TO FIND OUT THE FOLLOWING FROM THE DEVELOPER. HAS THE OWNER RECEIVED LEGAL NOTICE THAT HE IS IN DEFAULT? I HAVE THE COPY OF THE DEFAULT NOTICE, DATED APRIL 12TH, FROM THE CITY. WHAT PROOF OF FUNDS DOES HE HAVE? IT IS SHOWING UP AS OUTSTANDING, OR ENOUGH TO DEVELOP THIS AT ALL?

>> HOW MUCH MONEY HAS HE RECEIVED THUS FAR FOR COMMERCIAL AND RESIDENTIAL SPACE? HOW MUCH MONEY IS LEFT ? WHERE IS THE MONEY BEING HELD? IS IT IN AN ESCROW ACCOUNT ? DID PEOPLE WAIVE THEIR RIGHTS TO AN ESCROW ACCOUNT ? ARE THERE STATUTES ON HOW TO USE OR NOT USE THE MONEY? WHAT PAPERWORK HAS BEEN SENT , MEANING, DO THEY EVEN KNOW WHAT BANK THE MONEY IS IN, DID THEY WAIVE THE RIGHTS TO HAVING THE MONEY IN AN ESCROW ACCOUNT? I APOLOGIZE, THE TAX BILLS WERE AROUND $112,000-ISH . HAVE THEY VERIFIED THAT THE ARK YOU IS ACCURATE? I AM CURIOUS, DOES AUDUBON DEVELOPMENT NEED A BTR, BECAUSE AS OF TODAY, THEY DO NOT HAVE IT. OR DOES AUDUBON DEVELOPMENT NEED IT? MAYBE CONSIDERED HAVING HIM OPEN HIS BOOKS IF YOU ARE MOVING FORWARD WITH THIS, TO HELP PROTECT THE RESIDENTS THAT HAVE GIVEN HIM MONEY, I HAVE A FEELING, IF HE TAKES BACK THE PROPERTY, AND MOVES ON TO SOMETHING ELSE, WHAT WILL HAPPEN TO ALL OF THE MONEY FROM THE CITIZENS? WILL THIS REALLY BE BUYER BEWARE? YOU NEED TO PUT SOME PROTECTIONS IN PLACE.

>> ANYONE ELSE WISHING TO ADDRESS THE COMMISSION, PLEASE COME FORWARD.

GOOD AFTERNOON. >> I AM AT 205 NORTH 2ND STREET IN DOWNTOWN TRENTON. I HAVE NOTHING PREPARED, OTHER THAN TO SHARE THAT I HAVE MANY CUSTOMERS WHO HAVE COME IN AND MOST RECENTLY THEY ARE ASKING IF I KNOW WHAT IS GOING ON WITH KINGS LANDING AND THE DEVELOPMENT. AND I HAVE SHARED WITH THEM WHAT I LEARNED AT THE COMMISSION MEETINGS. I DO NOT PASS ON THE SCUTTLEBUTT I TRIED TO PASS ON INFORMATION EVERYONE I HAVE TALKED TO, THAT IS AT LEAST A DOZEN PEOPLE, A DOZEN FAMILIES , THEY HAVE MADE DEPOSITS, THEY THOUGHT IT WAS ALL MOVING FORWARD, THEY HAD NO IDEA IT WAS COMING TO A STALEMATE AT THIS POINT. AGAIN, THERE DOES NOT SEEM TO BE ANY TRANSPARENCY, EITHER FROM THE DEVELOPER OR FOR -- FROM THE CITY TO LET THE PEOPLE KNOW THAT THERE MAY BE A CONCERN ABOUT WHERE THEIR MONEY IS, WHO IS HOLDING ONTO IT, OR WHAT IS GOING TO BE DONE WITH IT. AND THAT IS PRETTY MUCH IT.

>> CHRIS GARDNER, ORANGE AVENUE . I AM CURIOUS HOW WE GOT HERE, THE CITY SEEMS LIKE IT COMPLETELY DROPPED THE BALL.

[00:05:06]

[a. Discussion on the request to extend the cure period under the default motion sent to Audubon Development, Inc. regarding the Kings Landing project. ]

>> ANYONE ELSE? OKAY. WE WILL CLOSE THE PUBLIC COMMENT PERIOD AND WE WILL MOVE ON TO BUSINESS.

>> THE NEXT ITEM IS THE DISCUSSION ON THE DEFAULT MOTION SENT TO AUDUBON DEVELOPMENT INC. REGARDING THE

KINGS LANDING PROJECT THAT >> COMMISSIONERS, AS YOU ARE ALL AWARE, THERE IS A NOTICE OF DEFAULT THAT WAS ISSUED BY THE CITY MANAGER, ISSUED ON MARCH 21ST OF THIS YEAR, TO AUDUBON DEVELOPMENT REGARDING PHASE TWO, IT PROVIDED 30 DAYS UNDER THAT LETTER SENT BY THE CITY MANAGER, THE DEADLINE FOR THE 30 DAYS IS APRIL 20TH, WHICH WOULD BE TOMORROW. A TROLL -- APRIL 16, I RECEIVED A LETTER REQUESTING AN EXTENSION FROM THE ATTORNEY FOR AUDUBON. THE REQUEST WOULD MAKE THE CURE.

THE DATE OF. -- OF CURE. MR. SCOTT HAWKINS, THE ATTORNEY FOR AUDUBON IS HERE, AS WELL AS A REPRESENTATIVE OF AUDUBON, SHOULD THE COMMITTEE WISH TO SPEAK WITH THEM. ANY QUESTIONS

OF STAFF? >> MADAM ATTORNEY, FOR THE RECORD, SINCE WE ARE OUT HERE, CAN YOU PUT WHAT DEFICIENCIES WAS AND WHAT THE CURE IS, THAT WE SENT OUT?

>> THE LETTER FROM THE CITY MANAGER, IT RELATES TO PHASE TWO CONSTRUCTION, THERE WAS A DEADLINE TO SUBMIT AN APPLICATION FOR BUILDING PERMITS FOR PHASE TWO, BUT, THAT WAS REQUIRED TO BE DONE BY MARCH 18TH, SO, THE NOTICE WAS THAT , THAT HAD NOT BEEN DONE, THAT WAS 30 DAYS TO CURE THAT

DEFICIENCY. >> WE ARE TALKING ABOUT THE BUILDING PERMIT FOR PHASE TWO.

>> YES, THE VERTICAL CONSTRUCTION.

>> VERTICAL CONSTRUCTION? >> YES, SIR. IN THE LETTER THAT WAS THE RESPONSE TO THE CITY'S LETTER, WERE THERE ANY OTHER DATES PROVIDED, FROM THE -- FROM THE DEVELOPER, OR HIS REPRESENTATIVE ? BASICALLY ASKING FOR THE LEGAL PARAMETER TO CURE? OR IS THIS A DATE WHERE THEY WERE ASKING FOR THE

EXTENSION FOR THE CONTRACT? >> THE REQUEST IS TO SIMPLY EXTEND THE CURE. -- THERE TOO. AND THAT DISCUSSION IS OVER ALTERNATIVE DEADLINES . THEY WANT TO HAVE TIME IN MAY TO COME BEFORE BOTH BODIES TO PRESENT ALTERNATIVES TO THE CONTRACT, MY UNDERSTANDING IS THAT THEY ARE WORKING ON THEM, AND THEY WOULD BE IN A BETTER POSITION TO ANSWER SPECIFICALLY WHAT THEY INTEND TO DO, MORE SO THAN I AM.

>> THE SPECIFICS OF THE LETTER, THEY ARE MORE LEGAL IN MATTER, RATHER THAN CONTRACTUAL ? IS THAT WHEN I HEARD YOU SAY? THE LOAN REQUEST SPECIFICALLY FOR THE EXTENSION?

>> YES, THE LETTER IS SPECIFICALLY REQUESTING AN EXTENSION OF THE CURE. -- PERIOD, FOR 45 DAYS, SPECIFIC TO THE NOTICE OF DEFAULT, THIS IS NOT FOR THE OVERALL CONTRACT. MY UNDERSTANDING IS THAT THE INTEND TO ADDRESS THAT

AT A LATER DATE. >> THANK YOU.

>> I WANT TO MAKE SURE THAT I CLEARLY UNDERSTAND THE INTENT.

IT IS THAT THIS IS A 45-DAY REQUEST FOR EXTENSION, NOT TO COMMENCE WITH WORK TO CURE THE DEFAULT, BUT JUST LOOKING TO PUT THE MATTER ON HOLD AND EXTEND THE DEFAULT BY 45 DAYS? TO COMPLY WITH WHAT THEY ARE DEFAULTING ON, WITH WHAT WE HAVE ISSUED, WHICH IS TO APPLY FOR BUILDING PERMITS OR THE PROJECT RELATED TO PHASE TWO VERTICAL CONSTRUCTION. THAT WOULD HAVE 45 DAYS, JUNE 4TH, TO APPLY FOR THE PERMITS, FOR THE DPCR PROCESS RELATED TO PHASE TWO.

>> WHAT ABOUT PHASE ONE, DOES THAT FALL ANYWHERE INTO THIS DEFAULT PERIOD OR THE DEFAULT NOTIFICATION ?

>> THIS WOULD NOT AFFECT PHASE ONE. THE DEADLINES IN PHASE ONE

[00:10:04]

>> OKAY . AND WE HAVE BEEN ENLIGHTENED . THERE IS A CONSTRUCTION DEADLINE IN JUNE, OR THE COMMENCEMENT OF CONSTRUCTION IN JUNE FOR PHASE TWO, AND TESTIMONY, GIVEN PREVIOUSLY AT -- NOT TESTIMONY, BUT COMMENTARY , SAYING THAT CONSTRUCTION CANNOT BEGIN WITHOUT IMPROVEMENTS BEING SUBSTANTIALLY UNDERWAY. I AM JUST SUGGESTING THAT THE LANGUAGE IS THERE. THAT IS NOT REALLY A QUESTION, IT IS MORE OF A COMET. BUT I DO GET WHAT YOU ARE SAYING. THE DEFAULT,

WITH THE SUBSEQUENT REQUEST ? >> YES, SIR.

>> COMMISSIONERS, WE -- AUDUBON DEVELOPMENT IS HERE, THE ATTORNEY, WOULD YOU LIKE TO HEAR FROM HIM?

>> WHO WOULD LIKE TO GO FIRST?

>> THANK YOU, MADAME MAYOR, WHERE WOULD YOU LIKE ME TO

STAND? >> STAND RIGHT THERE, TELL ME

THE NAME . >> MY NAME IS SCOTT HAWKINS. I AM WITH THE LAW FIRM OF JONES FOSTER, IN WHOLE BRIDGE COUNTY. THANK YOU FOR THE OPPORTUNITY TO SPEAK WITH YOU ON BEHALF OF AUDUBON. I AM HERE WITH MR. MADISON, THE PRESIDENT OF AUDUBON, AND I WANT TO EXPRESS MY APPRECIATION TO COUNCIL ATTORNEY HEDGES , FOR RESPONDING TO ME SEVERAL TIMES WITH QUESTIONS. WE DID SUBMIT A LETTER ON THE 16TH. WE REQUESTED THAT THE DEADLINES, UNDER THE NOTICE OF DEFAULT BE EXTENDED. FOR 45 DAYS, TO PROVIDE AN OPPORTUNITY FOR MY CLIENT , FRANKLY, TO DEVELOP A CONFERENCE OF PLAN, TO ADDRESS YOUR CONCERNS. AS REFERENCED IN THE NOTICE OF DEFAULT. I DO WANT TO CLEAR FOR THE RECORD, WE DELIVERED A SUBSTANTIVE LETTER TO COUNCIL. I BELIEVE THAT WAS AROUND THE 16TH, MAYBE THE 15, OF APRIL, WHERE WE DELINEATED SEVERAL CONCERNS ABOUT THE NOTICE AND WE THINK THERE ARE SOME PROBLEMS WITH THE NOTICE. AND IT IS NOT MY OBJECTIVE HERE TO GO BUT TO THOSE TODAY, BUT FOR THE RECORD, I DID WANT TO MAKE IT CLEAR, WE DO THINK THERE ARE SOME LEGAL ISSUES IN PLAY, BY VIRTUE OF THE WAY THAT THE PROCEDURE HAS BEEN FOLLOWED HERE. BUT OUR GOAL HERE TODAY, I AM ONLY STATING FOR THE RECORD, OUR GOAL TODAY, MADAME MAYOR, MEMBERS OF THE COMMISSION, IS TO FRANKLY, TRY TO WORK OUT A NEW SCHEDULE TO GIVE MY CLIENT THE OPPORTUNITY TO COME BEFORE THE DEVELOPMENT AGENCY, ON THE 14TH, AND TO PRESENT A PLAN, WITH THE PROPOSED TIMELINE. AND I AM RELATIVELY NEW TO THIS PROJECT.

TO BE QUITE FRANK WITH YOU, THERE IS GOING TO BE A LOT OF FACTS THAT YOU ALL WILL KNOW MUCH BETTER THAN ME. I HAVE SPENT CONSIDERABLE TIME AND MY CLIENTS HAVE INVESTED TIME TO PREPARE AND TO BE PREPARED TO INITIATE OTHER ACTIONS, IF WE HAVE TO. BUT OUR GOAL HERE TODAY, FRANKLY, IS TO AVOID THAT, WE WOULD LIKE TO GET INTO A FOSTER WHERE MY PLOT -- CLIENT CAN APPEAR BEFORE YOU WITH PROACTIVELY TRYING TO GET THIS PROJECT OFF THE GROUND, AND GET IT STARTED, IT SOUNDS LIKE A WONDERFUL PROJECT. I AM AWARE OF WHAT MY CLIENT HAS CONVEYED TO ME IN THE NUMEROUS DOCUMENTS THAT I HAVE REVIEWED, THAT DELINEATE A FAIRLY, GATED HISTORY. BUT REMEMBER, THIS IS THE POWER PLANT SITE. THE POWER PLANT SITE , THEY ARE COMPLICATED. THEY ARE EXTREMELY COMMON. AND FROM WHAT I HAVE SEEN, THE COMPLICATIONS WITH THIS SITE, AND WAS BURIED BELOW THE GROUND, ARE ENORMOUSLY COLLOCATED. THIS WAS ALLUDED

TO A MOMENT AGO. >> ADDRESS US.

>> I'M SORRY. >> THAT'S ALL RIGHT.

>> I DON'T KNOW THAT I HAVE EVER ENCOUNTERED A PLACE LIKE THIS. POWERPOINT -- POWERPLANT SITES ARE UNIQUE.

APRIL 22ND , THE CITY IS NOT IN A POSITION TO DELIVER A TITLE BEFORE APRIL 22ND. NUMEROUS EXTENSIONS WERE PROVIDED, AS A COLLABORATION BETWEEN THE DEVELOPER AND THE CITY ALONG THE WAY. I AM SIMPLY RECOUNTING TO YOU WHAT I HAVE LEARNED TO BE A NUMBER OF COMPLICATED FACTS. REGARDING HOW WE GOT HERE. AND I HAVE SAT DOWN TO MY CLIENT, I HAVE SAID, WE NEED TO COME UP WITH A VERY CONCRETE PLAN, PARDON THE PLAN, WE NEED TO COME UP WITH A DEFINITE PLAN TO ADDRESS THIS ISSUE, BECAUSE YOU HAVE OBLIGATIONS TO THE STATE AND WE ARE SIMPLY ASKING, TODAY, THAT WE TAKE A PAUSE, AND PROVIDE MY CLIENT WITH AN OPPORTUNITY TO COME BACK WITH YOU -- TO YOU ON THE 14TH. I

[00:15:02]

>> COMMISSIONER GAINES ? >> THANK YOU, ATTORNEY FOR THIS IS MY ISSUE. WE KNEW THE DEADLINES FOR PHASE TWO, WHEN WE SIGNED THE CONTRACT. AND THERE WERE 30 DAYS , THE LETTER WAS SENT OUT 30 DAYS TO CURE, AND MY QUESTION IS, HOW FAR AWAY ARE WE, DO WE KNOW, DO WE HAVE ANY TYPE OF BUSINESS PLANS THAT WERE HALFWAY THERE, OR THREE QUARTERS THERE, ONE QUARTER THERE, BECAUSE THIS DATE DID NOT JUST POP UP LAST MONTH. THIS DATE HAS BEEN ON THE CONTRACT SINCE I SAT IN THIS SEAT AND READ THE CONTRACT. I AM JUST TRYING O FIGURE IT OUT. I UNDERSTAND THAT -- I UNDERSTAND, THE HISTORY, THE HISTORY OF THE SOIL. BUT ON THE CONTRACT, WE KNEW THAT THIS DATE WAS COMING. AND I AM JUST CONCERNED, ALL WE ARE DOING IS KICKING THE CAN DOWN THE ROAD, BECAUSE YOU GOT A LETTER, OR MADAM ATTORNEY GOT YOUR LETTER. I THINK IT WAS ON THE 16TH, I THINK YOU SAID? THE 16TH. AND THE 30 DAYS , THEY ARE UP ON THE 20TH, IF I AM RIGHT. SO I AM TRYING TO FIGURE OUT, WHERE WERE WE, WHERE ARE WE, ON THAT PHASE TWO PART? HAS

ANYTHING AT ALL BEEN DONE WE >> YES. LET ME RESPOND IN REVERSE ORDER. FIRST, A LOT HAS BEEN DONE WITH REGARD TO TRYING TO DEVELOP A RELATIONSHIP WITH A HOTEL PARTNER. THAT HAS BEEN A SERIOUS CONSTRAINT. WHEN THE PROJECT WAS FIRST PROPOSED IN RESPONSE, IN 2019, THERE WAS A HOTEL PARTNER , THE HOTEL PARTNER, NOT MY CLIENT, BUT A KEY TO MY CLIENT, THAT HOTEL PARTNER EVENTUALLY HAD PARTNERS , THAT HOTEL PARTNER WAS NO LONGER AVAILABLE TO MOVE THE PROJECT FORWARD, WITH THE DISCUSSIONS AND IS PRESENTLY ENGAGED WITH DISCUSSION. WHAT I UNDERSTAND, I HAVE NOT TALKED TO THE HOTEL REPRESENTATIVE MYSELF. BUT WHAT I UNDERSTAND IS, IT IS HIGHLY LIKELY ON THE 14TH, IF GIVEN AN OPPORTUNITY TO APPEAR BEFORE YOU, MR. GAINES, A REPRESENTATIVE FROM MARRIOTT WILL BE PRESENT. THAT IS WHAT I UNDERSTAND. FOR THE RECORD, WE DID DELIVER THE LETTER ON THE 16TH, REQUESTING THAT THE DEADLINE OF 30 DAYS BE EXTENDED. WE DELIVERED A FAIRLY LENGTHY LETTER, PERHAPS YOU HAVE NOT SEEN IT. I AM

[00:20:02]

JUST TO BE CLEAR, FOR THE RECORD.

>> I WILL TAKE YOU AT YOUR WORD. I AM HEARING WHAT YOU SAID TO ME. BUT MY QUESTION IS, YOU JUST SAID THAT THEY ARE A HOTEL PARTNER. SO, YOU COULD NOT DO A BUSINESS PLAN OR SKETCH, THAT WOULD BE REQUIRED FOR PHASE TWO, WITHOUT A HOTEL PARTNER? IS THAT WHAT I AM HEARING?

>> I DON'T KNOW, HONESTLY, THE PROJECT WELL ENOUGH TO RESPOND TO THAT LAST QUESTION. I UNDERSTOOD THAT THE CONSTRAINT WAS OVER THE HOTEL PARTNER. AND THAT WE HAD ONE, MY CLIENT HAD ONE. AND THEY RESPONDED, LOST THAT, HAD TO WORK TO GET A SECOND ONE, AND THAT SECOND ONE HAS RUN INTO A PROBLEM RECENTLY. I CANNOT TELL YOU IT WAS RECENTLY, BUT IT WAS IN THE LAST YEAR, WE ARE IN DISCUSSIONS WITH TWO HOTEL GROUPS RIGHT NOW, THAT I DO KNOW,

>> I AM NOT TRYING TO PUT YOU ON THE SPOT. LIKE YOU SAID.

THIS IS YOUR FIRST TIME SPEAKING ON IT, AND YOU ARE TRYING TO CATCH UP, AND I HEARD, THE LAST TIME, YOUR CLIENT, AND HIS TEAM, THEY HAVE BEEN IN FRONT OF ME AND THE LAST TIME I HEARD, WE WERE WAITING ON SOMEBODY ELSE TO PUT SOME PIPES IN THE GROUND SO THAT WE COULD LINE UP THE PIPES, AND NOW, THAT WAS ALL OF PHASE ONE, NOW PHASE TWO , IT IS JUST A BUSINESS PLAN. IT IS JUST A BUSINESS PERMIT TO THE BUSINESS DEPARTMENT. NOW, I AM HEARING THAT IT CANNOT BE DONE, BECAUSE WE ARE WAITING ON THE HOTEL. SO, IT IS HARD FOR ME TO CONNECT THE DOTS HERE. BECAUSE I AM TRYING TO FIGURE OUT. ARE YOU SAYING THAT YOU CANNOT PROVIDE FOR A PERMIT, BECAUSE YOU DO NOT HAVE A HOTEL BUSINESS PARTNER?

>> TO BE PERFECTLY FRANK, I AM NOT SURE THAT I HAVE THE DOTS CONNECTED IN MY OWN AHEAD. I AM VERY AWARE THAT MY CLIENT VIEWED THAT AS A SERIOUS CONSTRAINT, AND MY CLIENT HAS WORKED VERY HARD TO GET PAST THAT CONSTRAINT, I DO UNDERSTAND THAT SIX WEEKS AGO, ROUGHLY, THERE WAS A PRESENTATION BEFORE YOU, AND THERE WAS A DISCUSSION ABOUT THE INSTALLATION OF INFRASTRUCTURE ON IN THE RIVER DRIVE, THAT IS KEY TO THE PROJECT MOVING FORWARD, AND THAT, I UNDERSTAND THAT THE CITY ENGINEER, MR. ANDERSON, ACKNOWLEDGED THAT THERE HAVE BEEN SOME DISCUSSIONS ABOUT A COUPLE OF INSTALLATIONS, FOR THE BENEFIT OF THE CITY, WHERE THE BENEFIT WAS FOR THE PROJECT. AND I UNDERSTOOD THAT THERE HAS BEEN SOME DISCUSSION BEFORE YOU ABOUT THE COUPLING OF THAT, AND THAT IS WHAT I RECALL.

>> OKAY. WELL, YOU WEREN'T HERE. I DON'T KNOW, I DON'T WHENEVER. THERE WERE SOME OTHER THINGS, SO, MY LAST QUESTION FOR NOW, AND I WILL HAND IT BACK TO MY COLLEAGUES TO ASK QUESTIONS. YOU CAN HEAR THAT'S MET CORRECT ME IF I'M WRONG.

RIGHT NOW, THE HOLDUP IS FINDING A HOTEL PARTNER. IF THERE IS NO HOTEL PARTNER FOUND WHO WANTS TO PLAY BALL, ON THIS PROJECT, THEN ARE WE SAYING THAT THE PROJECT IS NOT GOING

TO GO FORWARD? >> NO, THAT IS NOT AT ALL WHAT I AM TRYING TO SAY. I RESPONDED TO QUESTIONS ABOUT WHERE WE WERE, BY FOCUSING ON THE HOTEL PARTNER. I UNDERSTAND THAT THE HOTEL BUT IT WAS A CONSTRAINT BUT I UNDERSTAND THERE HAVE BEEN DELAYS WITH GETTING PERMITS ISSUED. I THINK THERE ARE A NUMBER OF LEVELS OF CONCERN HERE. IT IS NOT JUST HOTEL ISSUE, IT IS NOT JUST AN INFRASTRUCTURE ISSUE. I MEAN, I LEARNED, JUST TODAY, THAT THIS PROJECT WAS BEING HELD UP IN HISTORIC PRESERVATION REVIEW FOR MANY, MANY MONTHS. AND I HAVE JUST LEARNED THAT TODAY. WHY WOULD THAT BE THE CASE? THIS IS A POWER PLANT. BUT APPARENTLY, A LOT OF TIME WAS SPENT ON THAT, AND IN MY CLIENT WAS REQUIRED TO GET A COA, A CERTIFICATE OF APPROPRIATENESS, WHY IS THAT REQUIRED FOR AN OLD POWER PLANT SITE THAT WAS TAKEN DOWN. MY POINT, MR. GAINES, THERE ARE A LOT OF CONCERNS. THE HOTEL PARTNER IS JUST ONE POINT THAT I DO NOT BELIEVE THAT IT WOULD BE A CORRECT ASSUMPTION THAT THAT ONE IS THE SINGULAR CONSTRAINT THAT AUDUBON IS TRYING TO WORK THROUGH. I ONLY LIVE WITH THAT, BECAUSE I THOUGHT THAT WAS WHERE YOU WERE GOING WITH THE

QUESTION. >> AND LIKE I SAID, THE REASON I AM TALKING ABOUT THE HOTEL, THAT IS WHAT YOU -- THAT IS WHAT YOU MENTIONED, TO ANSWER MY QUESTION. MY ORIGINAL QUESTION WAS, WE ARE HERE BECAUSE BUILDING PERMITS FOR PHASE TWO, AT A DATE THAT HAD ALREADY BEEN AGREED UPON, WAY BEFORE TODAY, WAY BEFORE SIX WEEKS AGO, IT WAS JUST BUILDING PERMITS, I ASKED A SIMPLE QUESTION, HOW FAR ALONG ARE WE WITH THOSE BUILDING PERMITS, BECAUSE IF I GIVE YOU 45 DAYS,

[00:25:05]

FOR JUMPING IN. BUT I WANT TO BE CLEAR. THE HOTEL IS UNDER PHASE ONE. BUT WE ARE TALKING ABOUT PHASE TWO? THAT INCLUDES, THAT INCLUDES SOMETHING THAT I CAN TELL YOU SPECIFICALLY, THE BUILDING, BUILDINGS C, BRODY S , G , THOSE ARE ALL RESIDENTIAL, RESTAURANTS, SHOPPING, AND HOTEL, THAT IS PHASE ONE. AND SO, WE ARE TALKING ABOUT PHASE TWO BEING AT ISSUE NOW. AND I APOLOGIZE FOR JUMPING IN ON THE QUESTION.

>> THIS IS FINE THIS IS A SPECIAL SESSION. I AM NOT TRYING TO PUT ANYBODY OUT. I WILL TAKE YOUR WORD FOR JUST GETTING ON. I KNOW, SO, I JUST WANT TO KNOW WHERE YOU ARE.

PROVIDING THE CITY WITH SOME BUILDING PERMITS, AS PER THE CONTRACT. THAT IS WHAT I AM ASKING.

>> SIR, OBVIOUSLY, I MISUNDERSTOOD YOUR QUESTION.

BECAUSE I THOUGHT THAT WAS WHAT YOU WERE ZOOMING IN ON. I WOULD LIKE MR. MATTESON TO COME FORWARD AND RESPOND TO YOUR QUESTION ON THE BUILDING PERMITS.

>> IT IS A FAIR QUESTION. >> FOR THE RECORD, IDENTIFY YOURSELF. WE NEED IT FOR THE BACK OF

>> MY NAME IS DALE MATTESON , AND I AM HERE TO RESPOND ABOUT YOUR QUESTIONS. THE PERMIT, IT IS NO SIMPLE PIECE OF PAPERWORK, IT IS A DESIGN OF BIG BUILDINGS. THE HOTEL, THAT IS PHASE ONE , THE HOTEL, THE HOTEL IS , DOES NOT, EXIST. WE NEED A NEW HOTEL PARTNER. OUR GOAL IS TO FILL THAT MISSING LINK FIRST, AND I THINK THAT WE DO HAVE IT FILLED, BUT THAT COMES FIRST, AND THEN THE REST WILL FOLLOW. SO, ON THE 14TH, WE WANT TO BE TRANSPARENT . WE ARE NOT GOING TO COME IN WITH A SET OF PLANS FOR PHASE TWO. WE ARE GOING -- BUT WE ARE ASKING, IS TO REBOOT THESE TIMELINES. AND THE REASON FOR THIS IS, WE CLOSE -- CLOSED ON THE LAND 24 MONTHS AGO. PEOPLE THINK THAT WE HAVE BEEN AT THIS FOR A LONG TIME. AND IT FEELS LIKE WE HAVE, BUT THE REALITY IS, WE HAVE HAD IT FOR 24 MONTHS. AND IN THAT 24 MONTHS, WE HAVE NOT BEEN ABLE TO DEVELOP ANYTHING VERTICALLY. WE HAVE HAD TO DIG 1500 TONS OF CONCRETE OUT OF THE GROUND THAT WAERE, WE HAVE HAD TO WORK WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION. THE CITY HAD A CERTIFICATE THAT SAID THE SITE WAS CLEAN. BUT THE CERTIFICATE WAS WHAT WAS CALLED CONDITIONAL, IT WAS CLEAN, SO LONG AS WE DID NOT MOVE ANY DIRT. I DO NOT KNOW HOW TO BUILD WITHOUT MOVING DIRT. WE HAD TO GO BACK TO THE ENVIRONMENTAL AGENCIES, AND DIG WELLS THROUGHOUT THE PROJECT, AND MONITOR THE SITE AND ALL OF THIS TAKES TIME. THIS IS TIME THAT WAS IN OUR 24 MONTHS OF DEVELOPMENT, SO FOR THE PAST 24 MONTHS, WE HAVE BEEN DIGGING STUFF OUT OF THE GROUND IT WAS NOT SUPPOSED TO BE THERE AND WE HAVE BEEN GETTING THE SITE CERTIFIED CLEAN WITH THE EPA THAT WAS ALREADY SUPPOSED TO BE CLEAN. SO, THIS IS A HUGE FLAW IN THE RFP. AND WHAT YOU TOLD US WAS CORRECT, IT WAS NOT CLEAN SLATE, READY FOR DEVELOPMENT. SO, THE TIMELINE BEGINS AT THE BEGINNING. THAT WAS WHEN THEY CLOSED ON THE LAND, APRIL, 2022, IT SHOULD HAVE BEEN CLEAN SLATE, READY FOR DEVELOPMENT, AS THE RFP SAID. AND IT WAS NOT. WE HAD 1500 TONS OF AA -- DEBRIS AND AN ARTIFICIAL REEF IN THE OCEAN TO SUPPORT THAT. WE GOT THE SITE CERTIFIED THROUGH THE ENVIRONMENTAL AGENCY IN AUGUST OF LAST YEAR. BUT THESE DELAYS HAVE JUST BEEN SQUANDERING THE GOODWILL THAT THIS PROJECT HAD FROM THE BEGINNING, AND WE HAD TREMENDOUS SUPPORT, FROM THE COMMUNITY, AND PEOPLE WANTING TO LIVE THERE, PEOPLE INVESTED. THEY BOUGHT, YOU KNOW, MODEL HOMES THAT THEY LEASED. WE ENTERED INTO AGREEMENTS WITH THESE PEOPLE, PREDICATED ON THE TRUTH THAT THE CITY SUBMITTED TO US THAT THE SITE WAS CLEAN AND READY FOR DEVELOPMENT. SO, SINCE THAT DID NOT HAPPEN, SINCE THAT WAS

[00:30:02]

BUT, BELOW, YOU KNOW? IT IS LIKE THE TOMBSTONES GOT REMOVED, BUT YOU LEFT ALL THE GRAVES BEHIND FOR US.

>> OKAY, I HEAR YOU. THANK YOU FOR THAT. AGAIN, I AM NOT HERE TO TALK ABOUT THAT THOUGH. I AM TALKING ABOUT THE PHASE TWO. SO , ARE YOU TELLING ME, ARE YOU TELLING THIS COMMISSION, THAT YOU CANNOT DESIGN A HOUSE OR A TOWNHOME OR ANYTHING THAT SHOWS SOME TYPE OF BUILDING PERMIT, THE TYPE OF HOUSING, THAT YOU HAVE TOLD PEOPLE YOU WERE GOING TO BE BUILDING? AND THAT TYPE OF HOUSING, I UNDERSTAND, I UNDERSTAND EVERYTHING, THE DIRT, AND EVERYTHING THAT WE HAD TO PICK UP, YOU HAD TO PICK UP. I HAVE BEEN HERE LONG ENOUGH.

>> WE ARE GOING TO TALK ABOUT THAT. DESPINA I HAVE BEEN HERE LONG ENOUGH. I TELL THIS JOKE TO EVERYBODY. YOU HAVE HEARD IT SINCE YOU HAVE BEEN HERE. WHEN I FIRST GOT SWORN IN AND I CAME TO THE CHAMBER, AND I SAW THE CHAMBER FULL, I KNOW ALL OF THESE PEOPLE ARE NOT COMING TO SEE ME ON MY FIRST DAY. MY FIRST AGENDA ITEM WAS THIS. I HAVE BEEN THERE, SINCE I HAVE BEEN SWORN IN. AND, WE ARE HERE FOR PHASE TWO. I WILL LET MY OTHER COMMISSIONERS TALK. BUT I JUST WANT TO KNOW, WHY CAN WE NOT HAVE SUBMITTED SOME KIND OF DESIGN TO HOUSING ? AND SUBMITTED IT TO THE BUILDING, AND THEN GO FROM THERE. THAT IS

ALL I AM ASKING. >> I WILL SEE IF I CAN DRILL DOWN AND BE MORE SPECIFIC. I KNOW THAT YOU HAVE A LOT OF QUESTIONS. IN ORDER TO DESIGN THE BUILDINGS FOR PHASE TWO, AND IT IS NOT LIKE DRYING SOMETHING, SOMETHING PEDESTRIAN, SOMETHING SMALL, AND SUBMITTING IT. IT IS BIG.

IT IS MILLIONS TO DESIGN PHASE TWO. SO, THE JUNCTURE , THE TROUBLE, WITH ANYBODY, THE HOTEL PEOPLE HAVE HAD THE SAME TROUBLE. YOU HAVE THESE DEVELOPMENT TIMELINES THAT SAY, IF YOU DO NOT HIT THEM, THE CITY CAN TAKE THE PROJECT BACK.

WELL, WE ARE AT THAT JUNCTURE. WHO IS GOING TO INVEST MILLIONS OF DOLLARS DESIGNING SOMETHING THAT IS GOING TO EVAPORATE? THAT IS WHY WE ARE HERE, TO SAY, WE NEED TO EITHER ESTABLISH NEW GUIDELINES, SO THAT WE CAN INVEST THE MONEY, SO THAT OUR PARTNERS CAN INVEST THE MONEY, TO DELIVER THESE PLANS. OR YOU SAY, WE JUST WANT TO MOVE ON, AT THAT JUNCTURE, WE HAVE A VERY DIFFERENT ISSUE. BECAUSE WE HAVE INVESTED A LOT OF TIME AND ENERGY IN CLEANING UP STUFF THAT WE SHOULD. BUT TO ANSWER YOUR QUESTION, ON THE 14TH, NO. YOU WILL NOT SEE ANY

PLANS FOR PHASE TWO. >> MR. MATTESON , HAS ANYBODY FROM THE CITY TOLD YOU OR YOUR TEAM THAT TO YOUR LETTER. THAT IS ALL WE SENT. DID WE SAY THAT WE WERE GOING TO REVERT THE PROCESS, DID WE SAY ANYTHING ABOUT TAKING THE PROPERTY BACK? YOU JUST SAID, NOW I AM HEARING, IT IS THE HOTEL INVESTORS WORRIED THAT WE ARE GOING TO TAKE THE PROPERTY BACK. I AM JUST TRYING -- I AM JUST TRYING TO GET ALL OF THIS TOGETHER TO SEE WHERE WE ARE. THAT IS MY QUESTION. I HAVE SEEN THE CURE LETTER THAT WENT OUT, BUT I HAVE NOT SEEN ANY DOCUMENTATION FROM US , OR THE CITY MANAGER, OR THE CITY ATTORNEY, THAT WE WERE GOING TO JUST TAKE THIS PROPERTY BACK

FROM YOU. >> AT THE LAST MEETING WHEN I ADDRESSED YOU, THE ANSWER WAS, THERE WAS A DISCUSSION ABOUT WHAT IS OUR NEXT MOVE, DID WE EXTEND THE DATES ? THERE WAS SO

[00:35:06]

>> I GOT YOU. DON'T WORRY ABOUT IT.

>> BUT THAT IS WHAT CREATED THE DUSTUP. THIS IS A BIG PROJECT, WE INVEST A LOT OF TIME AND ENERGY IN IT, WE WANT TO BUILD.

BUT, YOU KNOW, PEOPLE ARE CONNECTING THE DOTS IN THE WORST POSSIBLE WAY, WHERE THERE IS A LACK OF INFORMATION. AND SO THAT IS WHERE WE PUMPED THE BRAKES AND SAID, WAIT A MINUTE, IF WE CANNOT GET BEFORE THE BOARD, WE NEED TO STOP THIS 30-DAY NOTICE, WE THINK THERE IS, YOU KNOW , WE THINK THAT WE WOULD LIKE TO PAUSE ON IT SO THAT WE HAVE THE TIME TO

PREPARE. >> I YIELD, MR. MATTESON. YOU ALL KNOW ME, I COULD PROBABLY GO ALL DAY.

>> I DO WANT TO RESPOND TO YOUR QUESTION, MR. GAINES.

COUNCIL INTERPRETS THE NOTICE OF DEFAULT AS POTENTIALLY GIVING YOU AN AUTOMATIC RIGHT TO EXERCISE -- I AM NOT ASKING YOU TO AGREE. I AM NOT ASKING COUNCIL TO AGREE. BUT THAT IS THE CONCERN THAT I DON'T, FOR A MOMENT, THINK THAT THAT IS YOUR INTENT. BUT I DON'T WANT THAT ARGUMENT TO BE PRESENTED, IN MY FACE, IN SIX MONTHS, SAYING, WHY DIDN'T YOU ACT? THAT IS THE REASON WE ARE HERE TODAY. WE ARE CONCERNED, WE ARE CONCERNED THAT IF WE DO NOT GET IT SORTED OUT TODAY, WE WILL HAVE TO INITIATE ACTION, LEGAL ACTION, TO THWART THIS IDEA .

I AM NOT ASKING YOU TO AGREE, YOU ASKED A VERY SPECIFIC QUESTION, NOBODY SAID THAT WE ARE TAKING THE LAND BACK. BUT, POTENTIALLY, IT COULD BE INTERPRETED AS SELF EXECUTING.

AND THAT IS THE RISK. I HAVE SEEN ALL OF THE RECEIPTS FOR THE MONEY MY CLIENT HAS INVESTED AND IT IS ENORMOUS.

THE RISK OF LOSING IT, BECAUSE OF SOME THIS INTERPRETATION ,

IS IMMENSE. >> THAT IS WHY I ASKED THE QUESTION. OBVIOUSLY, THE ORDINANCE ITSELF, I DID NOT SEE IT. BUT I WOULD LIKE YOU TO SHOW IT TO ME, SO THAT I CAN SEE IT. BUT AGAIN, I WILL BE QUIET. I WILL YIELD.

>> I WOULD LIKE TO ASK A QUICK QUESTION . I HAVE 100 QUESTIONS. BUT I AM NOT SURE WHERE I AM GOOD TO GO. I WILL ASK ONE SIMPLE ONE, SO, YOUR -- YOU ARE A LITIGATION ATTORNEY. DO YOU DO OTHER FORMS OF LAW ? I DON'T UNDERSTAND THIS, I AM NOT AN ATTORNEY. SO I AM ASKING, ARE YOU AN EXPERT

IN CONSTRUCTION LAW? >> I AM NOT, MY FIRM HAS CONSTRUCTION LAWYERS BUT I AM NOT.

>> I JUST NEEDED TO KNOW THAT, I AM NOT GOING TO ASK A SPECIFIC QUESTION ABOUT THAT YET. LET'S TALK ABOUT THE LETTER THAT WENT OUT. IN THE CONTRACT, IN YOUR LEGAL OPINION, DOES THE CONTRACT NOT SELF EXECUTE? WITHOUT US SENDING A LETTER, WE HAD AN AGREEMENT IN PLACE, I KNOW HOW AGREEMENTS WORK, I AM IN CONSTRUCTION, BY THE WAY, IN ENGINEERING. WE HAVE A CONTRACT, WE SIGNED A CONTRACT , IT SAYS ON THIS DATE, YOU SHALL. I DO NOT HAVE TO SEND YOU A LETTER. YOU HAVE A COPY, I HAVE A COPY. IS IT REASONABLE TO ASSUME THAT I DO NOT HAVE TO SEND YOU A LETTER TO TELL YOU THAT YOU MISSED THE DATE, IS THAT REASONABLE?

>> LET ME START BY SAYING, I DO NOT BELIEVE THAT YOU CAN SIMPLY

[00:40:03]

LITIGATOR. IT IS VERY COMPLEX. >> THAT IS WHY I ASKED.

>> I AM GLAD YOU FIGURED THAT OUT. I DON'T WANT TO BASE AN ARGUMENT FROM THE JUDGE WHILE YOU SAT ON YOUR HANDS. I MEAN, THE PROSPECT OF LAND REVERTING BY LAW, TO A PRIOR SELLER, THAT BEING THE CITY, THAT IS AN IMMENSE FEAR, MY CLIENT HAS INVESTED MILLIONS OF DOLLARS INTO THIS.

>> AND SO, YOUR STATEMENT IS EXACTLY THE RECIPROCATING EFFECT FOR THE CITY. WE DO NOT WANT TO STAND IN FRONT OF THE JUDGE AND SAY THAT WE SAT ON OUR HANDS. THERE YOU GO, THAT IS THE PHASE TWO , HELLO, DO YOU REMEMBER THIS PART OF THE CONTRACT THAT SAID, ON THIS DATE, YOU WILL HAVE DONE THIS JOB? THAT IS THE ONLY THING THAT YOU ARE BEING ASKED TO DO.

THIS. THERE IS A FLAW IN YOUR THEORY. YOU WILL NOTICE, IT IS A FLAW. YOU CANNOT ISSUE A NOTICE OF DEFAULT , BECAUSE OF THE POSITION OF THE CITY IS AND WITH REGARD TO MY CLIENT. I DO NOT REALLY WANT TO GET INTO LITIGATING THAT TODAY. I DO FEEL LIKE, YOU ARE MAKING IT A RECORD, AND ON BEHALF OF MY CLIENT, I HAVE TO MAKE IT THE RECORD, WE PRETTY MUCH HAVE MATERIAL COUNTERARGUMENTS. OUR GOAL, IN GOOD FAITH TODAY, QUITE FRANKLY , IS TO TRY TO GIVE AUDUBON THE OPPORTUNITY TO NOT BE HELD SUSPECT TO THE 30-DAY NOTICE. TO GIVE THIS PROJECT AN OPPORTUNITY TO DEVELOP ON TRACK. I BELIEVE MY CLIENT IS FULLY COMMITTED TO MAKING THIS WORK. I AM NOT ABLE TO EXPLAIN WHY CERTAIN THINGS MAY NOT HAVE OCCURRED BEFORE, BUT, I AM AWARE OF IN THE NUMBER OF COMPLICATIONS.

>> IN CONSTRUCTION, IN ENGINEERING, AND IN SITE PLANS, APPROVALS, PROCESSES, WITH BUILDING OFFICIALS AND BUILDING DEPARTMENTS, ARE YOU FAMILIAR THAT THOSE AREN'T SOFT COSTS? THOSE ARE ACTUALLY PARAMETERS THAT, YOU KNOW, DON'T INVOLVE THE CONSTRUCTION, THE PHYSICAL DIGGING, THE PULLING UP OF CONCRETE, ARE YOU FAMILIAR WITH THE IDEA THAT THERE IS A DESIGN THAT AN ENGINEER OF RECORD HAS SIGNED, STRUCTURAL PLANS. THEY HAVE SUBMITTED IT. IS THAT SOMETHING YOU ARE FAMILIAR WITH?

>> GENERALLY. >> GENERALLY. THANK YOU. SO, YOU KNOW, I AM PROBABLY COMING OFF A LITTLE AGGRESSIVE, BUT AT THE SAME TIME, THE POINT TO THIS IS THAT THERE ARE MANY THINGS THAT CAN BE DONE, PARALLEL TO OTHER FORMS AND FACTORS AND PHASES OF THIS PROJECT AND THAT IS THE POINT OF THIS PHASE TWO, THIS IS THE DEADLINE. I KNOW THAT WE CAN GO BACK, WE CAN REHEARSE ALL OF THAT. YOU HAVE LOOKED AT THE CONTRACT, I'M ASSUMING, YOU HAVE TALKED ABOUT IT, YOU HAVE REFERENCED THAT A COUPLE OF TIMES TODAY. IN 2022, WHEN WE CLOSED ON THE PROPERTY, THERE WERE A COUPLE OF AMENDMENTS , RESTATEMENTS OF THE CONTRACT AND SIGNATURES, I THINK TOWARDS THE END OF 2022. IS THAT SOMETHING THAT YOU ARE FAMILIAR

WITH. >> I RECALL THAT THERE WAS A RESTATED MASTER DEVELOPMENT AGREEMENT AND ONE OR TWO AMENDMENTS THAT FOLLOWED THE RESTATED AGREEMENT. WHAT I CANNOT TELL YOU PRECISELY WHAT THE PURPOSES OF THOSE AMENDMENTS WERE. I HAVE A TEAM OF FOLKS WHO ARE HELPING ME ON THE MATTER. UNFORTUNATELY, THEY WERE UNABLE TO BE HERE WITH ME TODAY. I AM JUST TELLING YOU, I HAVE LOOKED AT IT, BUT I CANNOT CALL THE REASONS FOR THOSE AMENDMENTS.

>> SO, REMEMBER, WE ARE SITTING BEFORE THE COUNTY COMMISSION.

THE VOICES OF THE PEOPLE, THE VOICES FOR EVERYTHING THAT HAPPENS IN THE CITY. THEY HAVE ASKED US TO SPEAK FOR THEM. AND SO I AM SPEAKING. AND SO, THOSE PORTIONS OF THE CONTRACT, I CAN ASSURE YOU THAT I HAVE GONE BACK, AND I HAVE READ, I HAVE REMEMBERED, I HAVE RECALLED THE MINUTES OF THE MEETINGS, TO WHERE WE HAVE HAD SIMILAR CONVERSATIONS. SIMILAR TO WHAT WE ARE HAVING TODAY. AND ONE OF THE THINGS THAT I AM MISSING, STILL, OUTSIDE OF THE ORIGINAL CONSTRUCTION SCHEDULE , TYPICALLY, YOU CAN FORM WITH THE CONSTRUCTION SCHEDULE WHEN YOU EMBARK UPON A PROJECT WHERE YOU WANT TO DESIGN THE . IT IS GOING TO TAKE SO MANY MONTHS. YOU WANT A PERMIT, IT IS GOING TO TAKE SO MANY MONTHS. YOU WILL THEN START FOUNDATIONS, IT WILL TAKE SO MANY MONTHS. I NEED TO SEE THAT. FROM A LEGAL

[00:45:02]

I AM GOING ASKING QUESTIONS ABOUT CONSTRUCTION, BUT I AM GOING TO PASS IT TO YOU GUYS BEFORE. WE WILL TALK ABOUT THAT

IN A FEW MINUTES. >>

>> MY FIRST COMMENT IS THAT , WE ARE ALL ADULTS IN THE ROOM, LET US TABLE THE VEILED THREATS, BECAUSE THEY ARE NOT DOING ANYBODY ANY GOOD. WE ARE PREPARED TO LITIGATE, YOU ARE PREPARED TO LITIGATE, WE ALL KNOW THAT. LET'S PUT THE TOPIC ASIDE, BECAUSE I CAN CONSIDER IT A COMPLETE WASTE OF TIME, GOING DOWN THAT PATH. THAT IS NOT WHAT WE ARE HERE TO DISCUSS. THE CITY COMMISSION IS NOT GOING TO BE INTIMIDATED.

YOU ARE NOT INTIMIDATED BY THAT. SO SHALL IT! -- SHELVES . YOU MADE THE COMMENT THAT THERE WERE DELAYS CREATED BY THE CITY OF TRENTON 'S HISTORIC PRESERVATION BOARD, IT JUST SO HAPPENS THAT I SET ON THAT BOARD FOR THOSE PROCEEDINGS. THE REASONS THERE WERE DELAYS HAD NOTHING TO DO WITH THE CITY. THE CLIENT, CLAIM IN, WITH A SET OF PLANS, FOR THE HISTORIC BUILDINGS, THE FIRST MEETING , SUBSEQUENTLY THE PLANS CHANGED TO 11 STORIES AND EIGHT STORIES, REQUIRING THEM TO COME BACK TO THE HISTORIC PRESERVATION BOARD. THIS WAS NOT THE CITY'S DOING, THIS WAS MR. MATTESON 'S DOING. AND HE AND I HAVE DISCUSSED THIS AT LENGTH, AS TO WHY THEY HAD TO GO BACK BETWEEN THE HISTORICAL PRESERVATION BOARD, IT IS A CITY ORDINANCE. IT IS AS SIMPLE AS THAT. IT WAS NOT PROMULGATED BY ANY ACTIVITY OF THE CITY.

HAVING SAID THAT, THERE WERE A COUPLE OF OTHER TOPICS THAT NEED TO BE DEBUNKED. I ONLY HAVE A COUPLE OF QUESTIONS. IT WILL BE FAIRLY SIMPLISTIC. ONE, I HAVE A RATHER LENGTHY DEBATE WITH MR. MATTESON 'S CONTRACTOR. WAS THAT AT THE MIMMS THREE MEETING ? RELATIVE TO THIS SQA ISSUE. I SIMPLY DO NOT BUY ANY OF THAT, CANDIDLY. JUST SO HAPPENS, THE NEXT DAY, I HAD A MEETING WITH THE DIRECTOR. MY FIRST QUESTION WAS, WHAT IS ALL OF THIS ABOUT IMPROVEMENTS ON INDIAN RIVER DRIVE, BECAUSE THEY DO NOT KNOW WHAT YOUR FINAL DESIGN SCHEME IS OR WHEN YOU WILL BE INSTALLING ALL OF THIS. HE SAID, IT IS COMPLETELY IRRELEVANT. WE WILL HOOKAH BAR PIPES, WHEREVER THEY WANT US TO. SO, I DO THINK THAT DEBUNKS ALL OF THE BAD GUYS HERE, WHICH WAS A LARGE PART OF THE PRIOR FPRA MEETING. THAT STORY JUST DOES NOT WASH. PERMITS FOR ENHANCEMENTS, AUGUST 8TH, OF LAST YEAR -- BEFORE I GET TO THAT, THE OTHER -- THE OTHER -- THE OTHER ISSUE I AM HEARING BANDIED ABOUT, QUITE REGULARLY, AND IT WAS A BIG ISSUE AT THAT PRIOR MEETING AS WELL , THE SUBJECT OF DEBRIS REMOVAL FROM THE SITE. I UNDERSTAND THAT THERE ARE TIME CONDITIONER -- CONCERNS, AND COSTS, THERE WAS VERY SPECIFIC, DETAILED LANGUAGE IN THE CONTRACT. FORTUNATELY, FOR LEGALESE , IT ACTUALLY MADE SENSE. YOU CAN READ IT AND YOU

[00:50:01]

AND THE HEADLINES IN THE PAPER ARE RELATIVE TO DEBRIS REMOVAL ON THE SITE. I AM GOING TO SUGGEST TO YOU THAT THE COST OF THE DEBRIS REMOVAL IS LESS THEN 1% OF THE PROJECT COST, SO LET'S GET REAL, THERE ARE PROVISIONS IN THE CONTRACT TO DEAL WITH THAT, I DO UNDERSTAND , THAT THERE IS RESEARCH TAKEN PLACE ON BOTH SIDES OF THE CITY, AND ON YOUR LEVEL, TO DETERMINE WHAT HAS TRANSPIRED WITH THIS. I AM NOT GOING TO COMMENT ANY FURTHER ON THAT UNTIL ALL OF THE DOCUMENTS ARE IN AND I HAVE MADE A SPECIFIC REQUEST. I WANT TO CIRCULATE THAT INFORMATION UPON RECEIPT FROM YOU, AND RECEIVED INTERNALLY FROM STAFF, SO WE WILL BE BENEFICIARIES OF THAT INFORMATION, SHORTLY. SO LET'S CUT THE WHOLE SMOKESCREEN, PUT IT ASIDE, I GET IT. THE ECONOMY HAS CHANGED. I AM EMPATHETIC TO THAT. BUT THIS COMES DOWN TO ONE QUESTION.

ONE QUESTION ONLY, FROM MY PERSPECTIVE. IS FINANCING IN PLACE NOW TO COMMENCE WITH THIS PROJECT? ALL THINGS BEING EQUAL, TODAY? THE RESPONSE OF YOUR CLIENT AT THE FPRA MEETING, PREVIOUSLY, WAS NO. HAS THAT CHANGED?

>> I WILL LET MR. MATTESON ADDRESS THAT.

>> THANK YOU. >> MR. MATTESON.

>> YES, DALE MATTESON. IT COULD BE. MAY 14TH . THAT IS WHEN WE ARE GOING TO COME. I DON'T MEAN TO BE SLIPPERY IN THE ANSWER. I WOULD LIKE TO BE CLEAR AND FACTUAL. WE NEED TO HAVE A HOTEL THAT IS GOING TO GET FINANCING I THINK WE HAVE IT, BUT DO THEY HAVE IT DONE TODAY? NO.

>> THE CORNERSTONE OF THE QUESTION IS, SIMPLY, WITHOUT A HOTEL FINANCING THEIR PORTION OF THE IMPROVEMENTS, THERE IS NO FINANCING IN PLACE TO COMMENCE IMPROVEMENT ON THE

SITE? >> NO, THAT IS NOT TRUE. THE HOTEL IS PIECE OF IT, THE INFRASTRUCTURE, THE RESIDENTIAL, THE RETAIL, ALL OF IT , DIFFERENT PIECES, DIFFERENT PARTS, DIFFERENT PLAYERS. BUT THEY ALL HAVE TO COME TOGETHER. THE MOST IMPORTANT THING, EVERYBODY FROM THE FINANCE STANDPOINT, ON MY TEAM? DO WE HAVE RENEWED DATES THAT ALLOW US THE TIME TO DEVELOP THIS PROJECT? I CANNOT SAY, I AM HERE WITH FINANCING IN HAND, BUT I HAVE A 30-DAY NOTICE, THAT THE CITY HAS GIVEN ME , TO AVOID DEFAULT. NO LETTER IN THEIR RIGHT MIND IS GOING TO SAY LET ME ANTE UP $100 MILLION ON THAT ONE. SO, THE FIRST ORDER OF BUSINESS IS TO ESTABLISH, DO WE HAVE REASONABLE DATES TO BUILD THE PROJECT? THEN, MY LETTERS SAY, DO WE HAVE A HOTEL IN PLACE THAT CAN EXECUTE ON THE PROJECT, MARRIOTT CORPORATE, WE THINK WE DO. IF THAT PEACE IS THERE, THEN THE OTHERS, EASILY. MORE EASILY, I SHOULD SAY. BUT TO BE VERY DIRECT TO YOUR ANSWER, TODAY, FINANCING, NO. IF WE GET THE DATES ESTABLISHED WHEN WE FUNCTION AND DEVELOP THE PROJECT, YES.

AND THAT IS WHY I TRIED TO GIVE YOU A STRAIGHTAHEAD ANSWER, I THINK MAY 14TH IS -- WOULD BE HELPFUL, BECAUSE THAT IS THE NEXT TIME YOU MEET. THAT IS WHEN WE CAN COME FORWARD TO YOU AND INTRODUCE THE MARRIOTT PLAYERS AND THE OTHER PLAYERS AND ESTABLISH THAT THERE IS FINANCING FOR THE ENTIRE PROJECT IN PLACE. BUT, WE NEED THE DATES. WE NEED THEM REESTABLISHED, NOW THAT THE SITE IS WHAT IT WAS SUPPOSED TO BE, WHEN WE STARTED. NOW, IT IS A CLEAN SLATE. IT WAS NOT

WHEN WE STARTED. >> REMOVE ALL THE ANCILLARY SMOKESCREEN ISSUES, PUT THEM ASIDE. THE CORE ISSUE , AN EQUITY PARTNER WITH A HOTEL TO FINANCE THE IMPROVEMENTS. THIS IS A MONEY ISSUE AT THE END OF THE DAY. PUT ALL OF THE OTHER STUFF ASIDE. IT IS SOMEWHAT IRRELEVANT. IT MAKES FOR GREAT DISCUSSION GREAT PRESS, I GET THAT. BUT THE CORE ISSUE AT THE END OF THE DAY IS DOLLARS AND CENTS. SO, LET'S ESTABLISH THAT AS KIND OF A BASELINE, TO SUGGEST THAT IF THE HOTEL PARTNER IS PREPARED TO COME FORWARD, THESE FINANCING PROPOSALS, THE ISSUES, THEY GO AWAY. IF THEY DO NOT COME FORWARD, THE FINANCING ISSUES ARE STILL STARING US IN THE

[00:55:01]

>> ABSOLUTELY. >> I'M DONE. THANK YOU.

>> IT IS IMPORTANT TO RECOGNIZE, WHEN WE STARTED -- I KNOW EVERYONE WANTS TO SAY YEAH, I KNOW, LET'S MOVE ON.

NOT SO FAST. ALL OF THAT TIME AND MONEY THAT IT TOOK TO GET THAT STUFF OUT HAS DRIVEN US INTO THE WORST FINANCIAL MARKET IN 20 YEARS. SO, EVERYTHING MATTERS. THE OTHER THING THAT WE HAVE LEARNED FROM THE HOTEL PARTNERS THAT IS INSTRUMENTAL, IS THAT , THEY TELL ME THAT I CAN GET FINANCING IN DALLAS, ATLANTA, OR WHEREVER. BUT, NOW YOU GET TO FT. PIERCE, AND IT RATCHETS UP THE RISK. OKAY, IT IS NOT A PRIMARY MARKET, NOT ASSIGNED . IT IS THE RATE IN DALLAS, THAT GOES UP BY A POINT, THEN THE LENDERS SAY , HOW MANY MORE HOTELS ARE THERE, THAT ARE SUCCESSFUL, THAT WE CAN LOOK AT. NOT ONE OF THE SIZE WE ARE BUILDING, THAT RATCHETS UP THE RISK.

WHEN YOU SAY IT IS A FINANCING MATTER, ABSOLUTELY IT IS A FINANCING MATTER, IT IS A RISK AND REWARD MATTER FROM THE LENDER'S PERSPECTIVE, THEY DON'T CARE IF IT IS FOR FORT PIERCE OR FORT LAUDERDALE. I THINK MOST PEOPLE IN THIS TOWN BELIEVE, A HOTEL WILL ABSOLUTELY BE SUCCESSFUL HERE, BECAUSE THERE IS NO CONVOCATION. BUT TO TRY AND GET THE LENDERS THAT DO NOT LIVE WHERE WE LIVE AND DO NOT KNOW WHAT WE KNOW, IT COSTS TO GET THE DEALS DONE. WE BELIEVE THAT WE HAVE SOME EXTREMELY STRONG PARTNERS THAT ARE NOT AS SUSCEPTIBLE TO THE RATES THAT EVERYONE IS HAVING TO PAY NOW. THEY ARE STRONG ENOUGH TO SELL FINANCE, FOR LACK OF A BETTER TERM. THEY WILL GET IT WHEN THE RATES ARE RIGHT. IN THE MEANTIME, WE WILL JUST BUILD IT IF WE BELIEVE IN THIS PROJECT, AND FORT PIERCE OR NOT.

>> OKAY, ONE FINAL QUESTION, THE FPRA MEETING, HOW LONG AGO WAS THIS WHEN IT WAS DISCUSSED ?

>> MARCH. >> THIS IS THE SAME LINE OF QUESTIONING THAT WE HAD AT THAT TIME. AND I ASKED YOU, DIRECTLY, BECAUSE I WANT TO PUT IT IN THE RECORD AGAIN, THAT THE REASON HOTEL PARTNER AT THIS TIME, YOU ARE SPECULATING THAT THERE MAY BE INTEREST OUT THERE, AND THERE IS NO FINANCING IN PLACE AT THIS TIME. I JUST WANT TO CONFIRM, THOSE ARE STATEMENTS FOR THE RECORD TODAY, CORRECT?

>> THE STATEMENTS ARE, THERE ARE HOTEL PARTNERS INTERESTED.

WE DO NOT HAVE A LETTER OF INTENT WITH THEM.

>> OKAY, FINE, THERE IS NO SIGNED DEAL WITH ANY HOTEL CURRENTLY AND THERE IS NO FINANCING IN PLACE TO EXECUTE ON THIS PROJECT AT THIS POINT IN TIME.

>> YES, EVERYTHING -- THE ANSWER TO THAT IS CORRECT. WE NEED THE TIME TO ORGANIZE THIS. IF THE DECISION IS , THAT WE HAVE KICKED THE CAN DOWN THE ROAD LONG ENOUGH, I UNDERSTAND THIS. I AM SAYING, IT IS NOT AN EASY THING TO DO. REMEDIATION WAS NOT AN EASY THING TO DO. THIS ENTIRE TIMELINE THAT WE ARE DEALING WITH, WAS PREDICATED ON , SITE HAS BEEN

SEEN, LET'S BUILD. >> I THINK THAT IS INCORRECT.

THE RFP WAS VERY SPECIFIC. ABOUT THE PARAMETERS, IN THE PROCESS, IT WAS MADE VERY CLEAR. AND THEY WERE VERY SPECIFIC ON WHAT YOU COULD OR COULD NOT DO, AND YOU MENTIOND DIRT EARLIER, AND I REMEMBER BEING THE WATERING OPERATIONS, SOIL IS WHERE WE PLACED IT. A FIXED REPAIR, UP TO A CERTAIN DEPTH. THAT IS WHAT I RECALL. DO YOU RECALL THAT?

>> ARE YOU TELLING ME THAT THE SITE -- THE RFP INDISCERNIBLE - OVERLAPPING SPEAKERS ]

>> THE PAPERWORK AND CERTIFICATION.

>> CONDITIONALLY, IS WHAT IT IS.

>> IT WAS NOT ABOUT REPLACING THE DIRT, IT WAS A DEWATERING OPERATION, YOU HAVE TO REMOVE THE WATER FROM THE SERVICE TO

THE CORE FOUNDATION. >> WE HAVE TO GO BACK AND FIND IT WHERE IT SAID YOU CANNOT REMOVE DIRT WITH THIS CERTIFICATE. AND WE SAID, WHAT DO WE NEED TO DO? WHAT DO WE NEED TO DO TO MOVE DIRT? BECAUSE WE ARE GOING TO NEED TO MOVE DIRT TO GET THAT DEBRIS OUT AND THEY SAID, YOU NEED TO

[01:00:03]

BUT WE DON'T KNOW WHAT. >> WHAT WAS THE NEXT STEP?

GROUND-PENETRATING RADAR? >> THAT HELPS, IT TOLD US THERE WAS A MASS, BUT, IT DID TELL US THERE WAS A LOT MORE DOWN THERE THAN JUST A COUPLE OF PIECES OF ROCK. AND SO, THEN, THEN, WE HAD TO GO AND GET THE PERMIT BECAUSE THEY DID NOT WANT US EXCAVATING THE SITE. AND SO, WE WERE ABLE TO ALLOW -- GET THEM TO ALLOW US TO PUT THE WELLS IN THE GROUND AND SIMULTANEOUSLY EXCAVATE , THE GOOD NEWS FOR EVERYBODY , THE CITIZENS OF THIS TOWN AND EVERYTHING. THE SITE WAS CLEAN.

MOTHER NATURE HAD DONE IT A FAVOR OVER THE YEARS AND CLEANSED THE SITE. IT JUST HAD TO BE PROVEN. AND TO PROVE IT, IT TOOK A LOT OF MONEY, A LOT OF TIME, AND THE PROTOCOL THAT

COMES WITH IT. >> ONCE YOU FOUND THAT OUT, I REMEMBER HAVING A CONVERSATION IN THIS PUBLIC FORUM IN 2022 , I WOULD HAVE TO GO BACK TO THE MINUTES. BUT ACTUALLY, IT DOES NOT EVEN MATTER. THE POINT IS, WHERE WE ARE GOING TO MOVE TO TODAY. WHERE ARE WE GOING TO MOVE TO AND HOW CAN WE GET THERE? DEFAULTING BACK TO THE IDEAS OF FINANCE, I HAVE HEARD COMMISSIONERS TALK ABOUT IT AND I AM TALKING ABOUT THE SPECIFICS OF CONSTRUCTION. YES, THERE WERE PARAMETERS, LET'S SAY THERE WERE PARAMETERS, WE WATCHED YOU DIG THEM UP, SO EVERYONE KNOWS THERE WERE PARAMETERS, WHETHER THEY WERE IN THE CONTRACT OR NOT, OR WHATEVER, THAT IS TO BE DETERMINED. WHY I AM BRINGING THAT UP, THE PROPOSAL THAT WAS PRESENTED TO THE CITY, WITH THE RFQ, RFP, KNOWING THAT THE FOUNDATIONS WERE SUBSURFACE , ONCE YOU DID THE RADAR, AND HE FOUND OUT, YOU KNOW, THE DESIGN OF THE BUILDINGS IS WHAT TRIGGERED ADDITIONAL PARAMETERS, SO I HAVE NOT SEEN A MAP OF THE RADAR FINDINGS AND I HAVE NOT SEEN A MAP OF THE ENTIRE PARCEL WOULD YOU KNOW, 8' DEEP, 4' BEEP, 6' DEEP. WHEN I GO INTO A PROJECT AND I WANT DETAILED INFORMATION, THAT IS WHAT I SUBMIT TO MY CLIENT, MY OWNER, MY PARTNERS. THAT IS WHAT I AM LOOKING AT FROM YOU. I AM LOOKING TO SEE ALL OF THE STUFF, THE PUBLIC IS LOOKING FOR IT. ME, MEANING THE CITY, THE MEETING RESIDENTS. AND SO, THOSE ARE THE CONVERSATIONS THAT FOLKS ARE TRIPPING UP ON, THEY ARE LIKE, I DON'T GET IT, I DON'T UNDERSTAND IT, I WATCHED DIRT MOVE IN A CIRCLE. TRUE STATEMENTS. BUT I SAW THE CONCRETE. WE DID A NEWSCAST. WE DO THE PR CAMPAIGN AND THERE ARE GREAT THINGS HAPPENING BECAUSE OF THE CONCRETE, GREAT THINGS, OFFSHORE. GOOD. GO TEAM. WHERE DO WE MOVE FROM THERE? ALL OF THOSE PARAMETERS, YOU KNOW, WE ARE MAKING DECISIONS AND WE HAVE PARTNERSHIPS, AND WE HAVE CONTRACTS. AND SO ALL OF THOSE THINGS COME INTO PLAY, AND THAT IS WHY I WAS ASKING, EARLIER, THE PART OF THE CONTRACT THAT SAYS, DO I SAY IT IN THE LETTER OR DO I NOT SAY IT IN THE LETTER, I ALREADY HAVE A LETTER THAT SAYS YOU CITED, OKAY, HERE IS THE DATE, LET'S NOT WAIT FOR THE CONTRACT TO GO UP , AND THEN FALL DOWN, LET'S CHANGE THE DATE, WHICH IS WHAT YOU MADE IN 2022. WE MOVED IT IN FEBRUARY, WE AMENDED IT, THEN WE MOVED IT TO NOVEMBER, NOVEMBER WHATEVER IN 2022. WE AMENDED IT, WE RESTATED IT, THERE WERE PARAMETERS, AND THAT CHANGED.

>> WE DID, WE DIDN'T KNOW, WE ENTERED INTO THE AGREEMENT, NOBODY KNEW, I MEAN, YOU HAD THE READOUT, BUT IT WAS NOT SHARED WITH YOU. I DON'T KNOW WHY NOT. BUT IT WAS COMMON KNOWLEDGE. IT WAS SHARED WITH THE CITY MANAGER. SO, THE RADAR

WAS EVIDENT. >> LET'S TALK ABOUT THAT. THE

RADAR WAS EVIDENT. >> SADLY , IT WAS WHERE

EVERYTHING WAS DESIGNED. >> KEY PHRASE RIGHT THERE.

HOW THE PIECES WERE PUT. >> WE DID NOT KNOW ANYTHING WAS THERE WILL WE PUT THE PIECES ON THE PUZZLE SURFACE.

MARRIOTT, THE HOTEL SAID, WE WOULD LIKE TO BE HERE. AND WE BUILT OUR DEVELOPMENT AROUND THAT. BUT THE ONE THING THAT, I

[01:05:01]

WE ARE NOT DEMOLISH YOURS. WE ARE MORE DEVELOPERS. SO, WE NEED TO GET SOMEBODY, AND AT THE TIME, YOU SAID, CAN YOU GET US A BID. AND SO, WE WENT OUT, WE GOT A BID. BUT WE DID NOT KNOW WHAT IT WAS, THEY SAID, THIS IS KIND OF WHAT WE THINK IT MAY COST. THIS WAS 2020 , EARLY , IN 2020, WHEN WE WERE IN THE DUE DILIGENCE PHASE, WE ASKED THE CITY TO GET IT REMOVED, YOU KNOW, GET THE SITE, GET THE DEBRIS OUT OF THE GROUND, WHATEVER IT IS, PLEASE REMOVE IT, SO THAT WE CAN DO OUR DEVELOPMENT, AND THE ANSWER THAT WE GOT WAS, WE WILL DO IT, ONCE YOU HAVE THE APPROVED SITE PLAN, SO THAT WE DO NOT REMOVE THINGS OUT OF THE GROUND THAT ARE UNNECESSARY.

>> WHICH IS VERY PRUDENT AND EFFICIENT.

>> I THINK SO. WE SAID, OKAY, THAT IS A GOOD ANSWER. WE DELIVERED THE SITE PLAN. AND WE TOOK A COUPLE OF YEARS FOR THE CITY TO DELIVER THE SITE PLAN, AND WE WERE TOLD, WE WILL REMOVE THE DEBRIS WHEN WE HAVE THE APPROVED SITE PLAN. YOU GUYS ARE APPROVING THE SITE PLAN, WHEN MIGHT WE APPROVE IT, WHEN IT CAME TIME TO CLOSE IN APRIL OF 2022, THE DEBRIS HAD NOT BEEN REMOVED BY THE CITY, WE CLOSED, PERHAPS WE HAVE DONE THIS MOVE SO FAR. I CLOSED ON A PIECE OF LAND, TRYING TO GET THE PROJECT GOING, RATHER THAN STOPPING AND SAYING, THE CITY HAS TO REMOVE THE DEBRIS FIRST. AS WE HAVE

DISCUSSED. >> BASED ON THE PARAMETERS OF THE SITE PLAN, BASED ON THE SITE PLAN. BECAUSE THE PIECES OF THE PUZZLE CAN BE MOVED AROUND IN SUCH A WAY WHERE YOUR HOTEL, YOUR PILINGS, WHATEVER, WAS IN THE WAY, IT MAY NOT HAVE BEEN IN CONFLICT, THE HOTEL WAS ON THE SOUTH END OF THE PROPERTY, MAYBE IT DID NOT ENCOUNTER THE BURIED CONCRETE

DEBRIS. >> IT IS DIFFICULT TO PLAY THAT , WHEN YOU ARE ASKING US TO DO SUCH A BIG DEVELOPMENT, LIKE, WE WILL TRY HERE, AND YOU HIT SOMETHING. AND WITH THE HELP OF THE 3-D RADAR, WE KNEW WHERE TO DIG, WE DID NOT ANTICIPATE THAT CONCRETE WAS CHEAP BACK IN THE DAY, BECAUSE THEY PORTED 8' DEEP. WE HAD TO CHISEL IT OUT AND GET IT LIFTED OUT.

>> AGAIN, I AM GRATEFUL FOR THAT , BECAUSE YOU HAVE MENTIONED MULTIPLE TIMES. YOU ARE AN ATTORNEY ALSO. THE WHEELS OF GOVERNMENT, FOR YOU, THEY SEEMED SLOW. SO THE WHEELS OF GOVERNMENT , AND I AM JUST BEING REAL, BECAUSE I ENCOUNTER IT EVERY DAY. I CAN GET A CONTRACT, GO TO BED, GET THE PEOPLE TO GET THE EQUIPMENT, TO GET THIS. THAT TAKES A WHILE.

THAT IS THE GOVERNMENT PROCESS, RIGHT? FOR THE PEOPLE IN THE TRANSPARENT OPEN GOVERNMENT LEVEL, THAT TAKES A WHILE.

>> YES. >> YOU PARTNERING WITH US TO DO THE JOB, BECAUSE NOW YOU ARE TAKING OWNERSHIP OF THE PRIVATE SECTOR HAS THE ABILITIES THAT ARE NOT AFFORDED TO BY THE GOVERNMENT TO THEY CAN SIGN CONTRACT WITH INDIVIDUALS, PLACES, PARTS, PIECES, DUMP TRUCKS , BUT WE DO NOT HAVE

THAT ABILITY TO DO. >> IT CAN SPEED UP THE

GOVERNMENT FOR THE PERMIT. >> I UNDERSTAND THAT.

>> ONE OF THE BENEFITS IN THE RFP WAS TO FAST-TRACK THE PERMIT APPROVAL. TWO YEARS TO APPROVE A SITE PLAN DOES NOT FEEL VERY FAST-TRACK TO ME. I SUBMITTED A SITE PLAN AND I STILL CANNOT BUILD THE VILLAS. I DO NOT HAVE A BUILDING PERMIT FOR THE BELLOWS, TO BUILD VERTICAL, AND THAT DOES NOT SEEM VERY FAST-TRACK TO ME, SO, I CAN -- ONE OF THE FLAWS IN THE DEVELOPMENT TIMELINE, IT SAYS, WHEN I HAVE TO SUBMIT THINGS TO YOU , IT DOES NOT SHOW WHEN I GET IT BACK. SO THE TIME IS TICKING . BUT WE DO NOT HAVE ANY APPROVAL TO START A BUILDING BUT IT IS CHEWING INTO THE DEVELOPMENT TIMELINE.

I KNOW WHEN I AM SUPPOSED TO DELIVER THE PLAN TO YOU AND I KNOW WHEN I HAVE TO GET DONE BUILDING. BUT I DO NOT KNOW WHEN I GET TO BEGIN, BECAUSE I HAVE TO HAVE A PERMIT. SO, I

[01:10:02]

>> IT IS. NOT PILINGS THOUGH. SO, THERE ARE STRUCTURAL ENGINEERS WHO DO THE WORK, THEY DO THEIR PENCILING. THAT

IS WHAT THEY DO. >> YOU ARE TELLING ME, IF WE HAD ENGINEERED IT BETTER , WE COULD'VE LEVEL 1500 TONS OF

CONCRETE? >> NOT SPECIFICALLY. BUT MY POINT IS, YOU DID NOT KNOW WHAT THE PROPOSAL WAS GOING TO BE. I AM GOING BACK THROUGH A LOT OF PROPOSITION. WE ARE TALKING ABOUT PHASE TWO, AND WE ARE TALKING ABOUT DESIGN ENGINEERING PERMITS. SO, IT SEEMS TO ME THAT WE ARE AT A STATUS OF INFRASTRUCTURE IN PLAY, AND THE PUBLIC WOULD PROBABLY BE MORE UPSETTING -- ACCEPTING. THEY WOULD PROBABLY BE MORE CHEERING FOR AND ENCOURAGING YOUR PROJECT. THAT IS THE TRUTH. THAT IS WHAT WE ALL FEEL.

>> WE NEED TO REVERSE THAT, WE NEED TO TURN THE BARGE IN THE MIDDLE OF THE INLET. HOW THE HECK WOULD DO THAT, I AM NOT

TOO SURE. >> THAT IS WHY WE ARE HERE.

>> WE NEED TO TURN THE BARGE AROUND. AND SO, WHAT DO WE NEED TO DO? WE NEED TO FIGURE IT OUT ,, BUT SCHEDULES, COME UP WITH PARAMETERS, COME UP WITH FINANCING, TIME LANDS -- TIMELINES, AND BE ON POINT. THAT IS ALL I AM TELLING YOU.

NEED TO BE VERY CLEAR AND CONCISE OF WHAT WE ARE GOING TO SUBMIT AND HOW YOU ARE GOING TO CURE PHASE TWO.

>> I DON'T KNOW HOW YOU PUT THE GENIE BACK IN THE BOTTLE, BECAUSE WE HAVE TREMENDOUS SUPPORT WHEN WE STARTED. THERE IS SO MUCH DISAPPOINTMENT DISTRUST , YOU CAN FEEL IT EVERYWHERE. THE NOTION IS, AUDUBON GOT THIS IN 2019, HERE WE ARE IN 2024, AND NOTHING IS HAPPENED. WE MOVED DIRT AROUND.

SADLY, ALL OF THE STUFF THAT HAD TO HAPPEN, BOTH FROM THE CITY SIDE AND OUR SIDE, TO MAKE IT SO , THEY DON'T CARE ABOUT IT. AND I UNDERSTAND THAT. THEY WANT THE BUSINESS, THEY WANT THE HOUSE, THEY DON'T CARE WHAT IT TOOK TO REMEDIATE THE SITE , FOR THEM TO GET IT CERTIFIED PROPERLY, OR WHATEVER. AND MAYBE THEY ARE A LITTLE BIT MORE SUSCEPTIBLE, KNOWING THAT WE ARE IN A TERRIBLE FINANCIAL MARKET. BUT THEY DO NOT REALLY CARE. WE JUST WANT TO BUILD IT. BUT UNFORTUNATELY, THE UNVARNISHED TRUTH IS, THE SITE NOW IS WHERE IT SHOULD'VE BEEN IN 2019. IT IS CLEAN. AND THAT IS A GOOD THING, WE HAVE MADE SOME PROGRESS. BUT, IN DOING THAT, WE SQUANDERED ALL OF THE DEVELOPMENT TIME AND WE HAVE NOW SHOVED THIS INTO A CRAPPY FINANCIAL MARKET. WE THINK THAT WE HAVE A PLAN THROUGH THAT, BUT WE CANNOT HATCHBACK IN 30

DAYS. SO, WHAT -- >> WELL, THAT IS WHERE COMMISSIONER GAINES WAS GOING. ANYTHING WE NEED TO HATCHET IN 30 DAYS. THAT IS ON THE TIMELINE. IT DOES SUCK TO BE

UNDER A TIMELINE. >> IT SUCKS WHEN I AM UNDER A TIMELINE, DOING WORK THAT I DID NOT HAVE TO DO, WITH THE

MEDIATION. >> IT HAS GOT TO BE IN OUR LAB, OUR EMAIL BOX, IT HAS TO BE IN MR. MIMMS ' OFFICE, EVERY DAY, DID YOU LOOK AT THE SCHEDULE, I ENT IT TO YOU THRE DAYS AGO HEY, GUYS, IT IS DALE AGAIN. IT IS DALE. I'M SERIOUS. I'M SERIOUS. I HAVE A BOSS WHO DOES THAT ALL THE TIME. DID YOU GET THAT DONE, JEREMIAH? WE ALL HAVE BOSSES, DID YOU GET THAT

DONE, DID YOUGET THAT DONE? >> I HAVE A QUESTION. SO, WE ARE TALKING ABOUT TRANSPARENCY. AND A LOT OF PEOPLE WANT THINGS TO BE TRANSPARENT AND THEY ARE FRUSTRATED. THEY ARE FRUSTRATED

[01:15:01]

AND NOW, THAT IS ALL CONCERNING EVERYBODY. AND EVERYBODY IS BEGINNING TO THINK THAT THIS IS NEVER GOING TO HAPPEN. AND, SO, I AM JUST GOING TO ASK YOU, THIS IS A RISK AREA. A RISK AREA FOR FINANCING. IT WAS THAT WAY IN

2019, WAS IT NOT? >> THE INTEREST RATES, LET'S JUST SAY THAT IN 2019, WHERE THE INTEREST RATES LOWER OR

HIGHER THAN THAT? >> IT STILL WOULD BE THE SAME, THE SAME FACTORS , RIGHT? OR NOT?

>> THE FACTORS ARE THE SAME, BUT LET'S SAY, IF EVERYONE WAS GETTING A 3% INTEREST RATE IN 2019, AND THEN THE LETTER SAID OKAY, FORT PIERCE S A TERTIARY MARKET , WE NEED TO GO NORTH.

AND THEY SAID, OKAY, THERE IS NOBODY THERE TO SHOW PROOF OF PERFORMANCE, SO WE ARE GOING TO GET ANOTHER POINT FOR THIS, AND SO, THE THREE BECOMES FOUR , THAT IS NOT SO BAD. BUT WHEN YOU ARE AT SEVEN OR EIGHT, THE SEVEN OR EIGHT BECOMES EIGHT OR NINE. IT DOES START TO COMPOUND.

>> IT IS NOT RISKIER FROM THE ACTUAL, FACTUAL VALUE. IT IS RISKIER FROM THE INTEREST RATE AND THE FINANCING.

>> PEOPLE WHO DO THE LENDING ARE NOT EMOTIONALLY ATTACHED, THEY ONLY LOOK AT THE FACTS OR THE DATA.

>> RIGHT. >> THE MISSING TRUTH OF PERFORMANCE, FOR ANY HOTEL, IT IS REALLY GOOD NEWS, THAT THERE IS NO HOTEL HERE, BUT IT JUST TAKES SOMEBODY WHO WAS WILLING TO TAKE A LOOK, AND SAY, YOU ARE RIGHT, WE DID THINK THAT WE HAD THAT PERSON. BUT THEY DID NOT, OR COULD NOT, GET THE FINANCING TO MAKE IT WORK, AND YOU WOULD THINK THAT WE HAVE RELOADED. BUT WHEN YOU RELOADED, YOU HAVE THE COMMUNITY THAT TRUSTS US, AND IS KIND OF LIKE WE ARE STARTING OVER, AND NOBODY WANTS TO DO THAT. IT IS LIKE, OH , STARTING OVER. NO, IT HAS BEEN TOO LONG ALREADY. AND I THINK, I THINK EVERYBODY HAS JUST LOST THEIR SENSE OF HUMOR.

>> REALLY? WELL, I AM WORKING ON IT. SO, SO , THIS IS NOT THE FIRST

[01:20:55]

AND WE HAVE FOR THE PAST 18 MONTHS. SOMETIMES WE NEED TO STOP AND SAY, THIS IS NOT RIGHT. WE HAVE SPENT OVER $1.5 MILLION REMEDIATING THE SITE. THE CONTRACT SAID THAT THE CITY IS GOING TO PAY US FOR THE REMEDIATION, BUT I DO NOT HAVE ONE .5 MILLION BUCKS FROM THE CITY. IT WOULD BE GREAT IF YOU

GUYS COULD PAY US. >> BEYOND DEBORAH , WHAT ABOUT THE OTHER ? HAS ANYONE ELSE PAID YOU A DEPOSIT?

>> NOTHING LIKE THAT ONE. THAT WAS A BIG TRANSACTION.

>> YOU HAVE IT SOMEWHERE IN ESCROW?

>> $2500 A MONTH IS WHAT PEOPLE WOULD PAY FOR THEIR NAME TO BE ON A LIST WHEN THE INVENTORY CAME TO BE AVAILABLE. WE DREW THE NAMES FROM A LIST IN SEQUENTIAL ORDER. IT GOT BANDIED ABOUT, IT WAS NEVER A LOTTERY, BUT IT WAS AWAY WHEN PEOPLE SEND, PUT ME ON THE LIST, DALE . WE DID NOT WANT A LIST OF NAMES OF PEOPLE, WE PUT THAT SPEEDBUMP OF $2500, AND MADE THEM THINK COMING OUT, IT WAS, I GUESS WHAT I WOULD CALL IT IS, A NONSTRUCTURED RESERVATION.

MEANING, THEY COULD CANCEL AT ANY TIME AND IT DID NOT MEAN THAT THEY WERE COMMITTED. IT WAS NOT BINDING. THEY COULD GIVE THE MONEY BACK. IT HAS EBBED AND FLOWED OVER THE YEARS. YOU KNOW, PEOPLE CHANGE. IT HAS TAKEN TOO LONG.

>> THE MONEY THAT PEOPLE GAVE YOU, AND I UNDERSTAND THAT SOME

OF THEM ASKED FOR IT BACK. >> THERE IS NO ONE WHO HAS ASKED FOR A REFUND THAT WE HAVE NOT PAID, WE GOT A BUNCH OF THEM IN THE PAST WEEK, TO BE SURE. PEOPLE TAPPED OUT AND SAID WE ARE DONE, WE ARE DONE. SO , WE SAID, WE ARE REPAYING THOSE PEOPLE. WE ARE SAD TO SEE THEM GO. A LOT OF THESE PEOPLE HAVE STUCK WITH US, THEY ARE LOOKING AT IT AND SAYING WE DON'T KNOW WHICH WAY THE CITY COUNCIL AND DEVELOPER GOING TO GO, THIS IS A PIVOTAL FEW WEEKS HERE.

>> OKAY. THANK YOU VERY MUCH.

>> THE $1.5 MILLION , THAT OBVIOUSLY WAS NOT THERE, IS

THAT SITTING IN ESCROW? >> THE CONTRACT, THE REASON THAT WE DID THIS -- IT IS -- IT COULD NOT BE A NORMAL SALES CONTRACT. THERE IS NO STRUCTURE. YOU ARE RIGHT ABOUT

[01:25:01]

THIS WAS MONEY THAT WAS SUPPOSED TO BE USED FOR THE DEVELOPMENT AND VERY CLEARLY DELINEATED THAT THAT WAS WHAT

WE WERE GOING TO DO. >> THAT WILL BE SITTING THERE

INTO ONE? >> FOREVER. UNTIL WE BUILD THE THING. AND THE ORIGINAL, WELL, NOT THE ORIGINAL, BUT THERE WAS A CONTEMPLATION OF $8000 PER MONTH, AND THERE WERE OPTIONS, I THINK THEY HAD THREE-MONTH INCREMENTS THAT THEY COULD ADD OPTIONS. EVERYBODY, LIKE I SAY, MADE DECISIONS. I GAVE YOU A TIMELINE, I DID A DEAL WITH DEBORAH DOWNS , ALL BASED ON WHAT WE THOUGHT WAS A CLEAN SITE , READY FOR DEVELOPMENT, AND THAT EVERYTHING WENT FROM THERE. SO, WE PAID IT FOR 18 MONTHS, I STOPPED, I ASKED TO RENEGOTIATE, AND THAT IS WHERE WE ARE AT. I DON'T KNOW IF

THAT ANSWERS YOUR QUESTION >> THAT SOUNDS MORE LIKE A LITIGATION DISCUSSION THAN ANYTHING ELSE, BUT SHE IS THE BENEFICIARY OF NOTHING . NOTHING.

>> A NICE STREAM OF INTEREST ON THAT MONEY.

>> FOR 18 MONTHS. BUT NO PRINCIPAL.

>> THE PRINCIPAL WAS TO BUILD THE HOUSE. YOU KNOW WHAT? I DON'T EVEN HAVE THE PERMIT TO BUILD THE HOUSE YET.

>> I GET IT. >> THAT IS A PROBLEM, I DO NOT

HAVE THE PERMIT. >> COMMISSIONERS,

COMMISSIONER GAINES? >> I HAVE SET BACK , I HAVE HEARD EVERYTHING. YOU KNOW WE CALL EACH OTHER BY FIRST NAMES WHEN WE SEE EACH OTHER. ONE I GOING TO HEAR? WHAT AM I GOING TO HEAR ON MAY 14TH? AM I GOING TO HEAR THAT IF WE RESCIND THIS THAT YOU ARE GOING TO HAVE A PARTNER READY TO GO? NEW DATES THAT WE NEED TO MAKE THIS WORK ? WHAT AM I

GOING TO HEAR ON THE 14TH? >> GOOD QUESTION, WHAT YOU ARE GOING TO SEE AND HEAR ON MAY 14TH, THE MARRIOTT CORPORATE INDIVIDUAL. THE MARRIOTT CORPORATION WILL BE HERE TO DEMONSTRATE THEIR COMMITMENT TO FORT PIERCE, AND AUDUBON, I THINK IT WAS EIGHT WEEKS THAT THEY WERE HERE, AND THE OTHER FRIEND SHE STUMBLED. AND SO, I ASKED THEM, WE NEED TO REALLY SHOW SOME STRENGTH AND SOLIDARITY HERE, WE NEED YOUR HELP. NOW, HELP IS NOT JUST SHOWING UP AND MAKING A SITE VISIT. HERE IS WHAT IS CRITICAL, THIS MEETING IS GOING ON, AS WE SPEAK, BETWEEN FRANCHISEES, AND THE MARRIOTT.

THE HELP IS, AND I AM GOING TO FORM OF THE NUMBER. BUT, MARRIOTT GIVES EMERGING MARKETS A LITTLE BIT OF FINANCIAL HELP TO THE FRANCHISEES TO MAKE THEM SUCCESSFUL. THE NUMBER THAT MARRIOTT BANDIED ABOUT WHEN THEY WERE HERE LAST WAS ABOUT $1 MILLION. NOT TO ME, TO THE FRANCHISEE, TO HELP THEM KIND OF GET OFF THE GROUND, AND SO, TO HELP THEM GO AND MAKE THIS FINANCIALLY VIABLE IN A MARKET THAT IS UNPROVEN. AS WE SPEAK TODAY. THAT FRANCHISEE IS SPEAKING TO MARRIOTT CORPORATE ABOUT WHAT SORT OF ENHANCEMENTS MARRIOTT CAN PROVIDE . I KNOW WE WILL BE STANDING THERE IF YOU WILL HAVE US ON THE 14TH. I THINK THIS FRANCHISEE, WHO HAS OVER 100 HOTELS IN THEIR PORTFOLIO WILL BE STANDING NEXT TO ME SAYING, I GOT WHAT I NEED FROM MARRIOTT, I LIKE THE PROJECT,

[01:30:02]

NOW THAT THE SITE IS CLEAN. WE ARE GOING TO ASK. AND I CANNOT CALL MARRIOTT , THEY GUY, YOU HAVE 90 DAYS TO BUILD A NEW HOTEL. HE IS GOING TO ASK IS AVAILABLE TIME. SO I WANT TO RACE EVERYBODY, YOU ARE NOT GOING TO LIKE THE DATES.

BECAUSE THEY ARE GOING TO BE VERY SIMILAR TO WHAT WE ARE ASKING FOR, FROM WHEN WE STARTED. AND WHETHER IT IS ME OR SOMEBODY ELSE , THOSE DATES ARE GOING TO BE REAL. IT TAKES SOME TIME TO DESIGN AND BUILD SOME STUFF. SO , THAT IS WHAT YOU ARE GOING TO HEAR ON THE 14TH.

>> COMMISSIONERS, ANY MORE QUESTIONS FOR EITHER OF THESE QUESTIONS ? ARE WE READY TO DISCUSS AND MAKE A DECISION?

>> MATTA MAYER, COMMISSIONERS , PRIOR TO DISCUSSIONS, I WANT TO STATE CLEARLY, SINCE WE ARE BEING REPORTED -- RECORDED, A LACK OF RESPONSE FROM THIS COMMISSION RELATED TO FAX OR LEGAL INTERPRETATIONS OR CONCLUSIONS BY MR. MATTESON IS NOT EXPECTED TO BE AN ACCEPTANCE OF THOSE. WE DO NOT NECESSARILY DISAGREE, SORRY, WE DO NOT NECESSARILY AGREE AND NOT RESPONDING SHOULD NOT BE INTERPRETED AS AN AGREEMENT.

JUST FOR THE RECORD. >> THERE WAS A LOT SAID. WE DON'T WANT TO ACCEPT THAT, WE DON'T EXPECT TO ACCEPT THAT.

WE ARE IN A LISTENING MODE. COMMISSIONERS?

>> I WILL START. YOU KNOW, 30 DAYS TO CURE, WHEN YOU GET A NOTICE. WE TALKED ABOUT RANDOM, ARBITRARY NUMBERS BEFORE. THOSE ARE RANDOM ARBITRARY NUMBERS THAT WE PLACE IN THE CONTRACT, WHEN WE THINK WE CAN CURE SOMETHING IN 30 DAYS. I DON'T KNOW IF THAT COMES FROM STANDARD, YOU KNOW, LEGAL, LEGALESE , I GUESS, THAT IS THE OTHER WORD. I DON'T KNOW IF THAT IS STANDARD, BUT I DO KNOW THAT IT IS ARBITRARY.

IT IS ALMOST LIKE COMING BEFORE THE BOARD AND SAYING, HERE IS YOUR DATE, HERE IS THIS DATE, AND I AM NOT SAYING THAT YOU SHOULD EXTEND IT ALL THE TIME. SOMEONE, WE, PART OF THE CONVERSATION, CAME UP WITH A NUMBER. WE ARE NOT SURE IF IT WILL BE GOOD ENOUGH, THAT IS MY POINT. IT IS ALMOST LIKE THE OTHER CONVERSATIONS THAT WE HAVE HAD , WITH PULLING BUILDING PERMITS ON PROPERTIES THAT WE HAVE FORECLOSED ON, AND THEN SOLD, SO I WOULD LIKE TO JUST STATE THAT, BECAUSE I TAKE THAT TO HEART. AT THE SAME TIME, THAT IS WHY I ASKED THE QUESTION AT THE VERY BEGINNING, BEFORE BEING INVOLVED IN CONSTRUCTION TALK -- I ACTUALLY LIKED YOUR QUESTION, MR. GAINES. WHAT ARE WE GOING TO HEAR ON THIS DATE.

SO, THAT IS WHERE I AM AT. AND I WANT TO MAKE SURE THAT WE ARE GOING TO HAVE, YOU KNOW, A NOTICE, IT WILL BE PUBLICIZED.

WE WILL KNOW THAT IT WILL BE MAY 14TH. IT WILL BE SET THERE, THAT WILL BE THE DATE. THAT IS WHAT I HAVE HEARD IT REQUESTED AS. IS THAT ACCURATE ? 45 DAYS ? 45 DAYS TO CURE AND THEN AN ADDITIONAL PRESENTATION ON THE MAY 14TH DATE?

>> THE REQUEST IS FOR 45 DAYS TO EXTEND THE CURE PERIOD FOR THE DEFAULT, UNDER PHASE TWO. WITHIN THAT TIMEFRAME, THERE WILL BE A CITY COMMITTEE MEETING, AS WELL AS THE FPRA BOARD MEETING , RELATING TO THE ALTERNATE TIMELINES THEY WILL BE PROPOSING. AT THAT TIME, IF THE EXTENSION IS GRANTED, AND THERE IS NOT ANY AVERSION OR LITIGATION ATTEMPTED OR

[01:35:04]

AND AUDUBON. >> THAT IS MY QUESTION. THAT IS WHY I ASKED THE QUESTION, WHAT AM I GOING TO HEAR ON THE 14TH? I HAVE BEEN TOLD I WILL TALK TO SOME MARRIOTT PEOPLE, HOPEFULLY TALK TO THE OTHER TEAM, SOME FINANCIERS , AND HE SAID THAT AT THAT MEETING THEY WOULD BE PRESENTING SOME DIFFERENT DATES. SO, IS IT FEASIBLE FOR ME TO THINK, IN THOSE DATES, THESE DATES THAT WE ARE TALKING ABOUT TODAY, THAT THIS YOUR DATE COULD BE CHANGED? IF HE IS TALKING ABOUT COMING UP WITH NEW DATES, I DON'T SEE THEM COMING UP WITH PHASE ONE DATES, BECAUSE IT DOES NOT WORK THAT WAY, THAT IS WHAT -- THAT HIS WIFE I AM VERY UPSET NOW AND CONFUSED NOW. IF THEY ARE COMING ON THE 14TH, AS YOU SAID, TO GET SOME NEW DATES, ALL RIGHT?

>> HE SAID, PRESENT ALTERNATIVE TIMELINES.

>> NEW DATES. I WILL NOT USE THOSE FANCY ENGINEERING OR CONSTRUCTION TIMES. TIMELINES MEANS NEW DATES. SO , I AM TRYING TO FIGURE, I AM TRYING TO GET TO THE 14TH. I AM TRYING TO PROTECT THE RESIDENTS WHO ARE MAD. WE KNOW, WE HAVE HEARD, BUSINESS OWNERS DOWNTOWN WERE EXPECTING AND WANTING THIS TO HELP THEIR BUSINESSES. WE HAVE HAD THAT IN THIS CHAMBER. AND I AM TRYING TO SEE WHAT IT IS

>> YOU ASKED ME TO VOTE. AND I DON'T KNOW IF I VOTED YES OR NO. IT WAS A WHIRLWIND. I HAVE READ MORE ABOUT BUILDING A HOTEL THAN I THOUGHT I WOULD EVER READ IT ALL MY LIFE. OKAY? I AM BEING HONEST WITH YOU. I WENT BACK AND I READ THAT. I DID IT. WE ARE AT A JUNCTURE NOW, DO WE WANT A HOTEL OR DO WE NOT WANT HOTEL, WE HAVE A SCHEDULED DATE ON THE 14TH TO COME IN AND TELL US, THIS IS WHAT WE GOT. THE QUESTION FOR FINANCING SHOULD BE ANSWERED, THE QUESTION IS, SOME TYPE OF BUILDING PLAN, AS COMMISSIONER JEREMIAH SAID, SOMETHING THAT WE CAN SEE, WE SHOULD HAVE IT READY TO GO, AND WE WILL HAVE A BETTER IDEA. MY QUESTION TO YOU, MADAM ATTORNEY, WHERE DOES THAT PUT US, THIS NOTICE LEVEL -- LETTER. SOMEWHERE IN BETWEEN, WE HAD A MAY 14TH DATE PUT UP. WE NEED THE BOARD TO COME BACK IN FRONT OF US, OR WAS THAT ADDED AFTER THE NOTICE WENT OUT? THAT IS WHAT I CANNOT REMEMBER.

>> COMMISSIONERS, THE MAY 14TH DATE IS A PROPOSAL RADIATED -- RELATING TO THEIR REQUEST FOR NEW TIMELINES YOU HAVE PHASE ONE, TWO, THREE, FOUR. THE TRIGGERING DATES FOR THE MOST PART RELATE TO APPLYING FOR BUILDING PERMITS, COMMENCING CONSTRUCTION , AND THEN COMPLETING CONSTRUCTION AND THERE ARE DATES BY WHICH UNDER EACH PHASE, THOSE DIFFERENT TRIGGERING EVENTS HAVE TO OCCUR. IF YOU WANT TO GRANT THE 45 DEGREE -- 45- DAY EXTENSION, THAT IS SIMPLY UNDER THE LIMIT THAT IS GIVEN IN THE CONTRACT TO CURE, THE CONTRACT SAYS , ONCE YOU HAVE THE NOTICE OF DEFAULT, YOU HAVE 30 DAYS TO CURE. THE REQUEST IS TO GIVE ANOTHER 45 DAYS TO CURE. THERE WILL STILL BE , CURRENTLY UNDER THE CONTRACT, PHASE TWO, THAT WILL HAVE TO COMMENCE CONSTRUCTION ON JUNE 14TH.

CORRECT. SO, IF YOU EXTEND THE CURE PERIOD , THEY WILL HAVE

[01:40:04]

>> THAT IS WHY I ASKED THE QUESTION. YOU KNOW? THEY STARTED COMPLETION, THEY STARTED PHASE TWO, AND THE WHOLE TEAM THEY HAVE NOT DONE THAT. THEY HAVE PHASE TWO, NOW THE SECOND PART, I THINK IT IS THE SECOND DATE , I DON'T KNOW, IN PHASE TWO, I KNOW THAT WE KNOW IT IS GOING TO BE BRIEF. WE HAVEN'T EVEN STARTED COMPLETION FOR PHASE ONE. SO MY QUESTION IS, MY QUESTION IS, WHAT DO WE WANT TO DO, AS FAR AS THIS HOTEL. ME, PERSONALLY? , I WILL WAIT TO SEE WHAT THEY SAY ON THE 14TH, AND ON THE 14TH, WE ARE LETTING THEM KNOW, BECAUSE I HAVE ASKED THE QUESTION. YOU KNOW, I LEARN FROM YOU, I WAS GOING TO ASK THE QUESTION. I ASKED TO SEE WHAT THEY WERE GOING TO SAY ON THE 14TH. IF THEY ARE COMING FOR IT ON THE 14TH, AND MARRIOTT, YOU KNOW, THEY DON'T HAVE A HOTEL. THEY DON'T HAVE, YOU KNOW, ANYBODY TO SUPPORT THIS, AT THAT POINT, THERE IS NO MORE ROAD TO KEEP KICKING THE CAN. THE ROAD IS GONE. IT IS BROKEN. I DON'T KNOW HOW TO GET TO THE 14TH. I DON'T KNOW HOW TO GET TO THE 14TH WITH THIS NOTICE OUT THERE. THAT IS MY PROBLEM, I DON'T KNOW HOW TO GET TO THE 14TH WITH THIS NOTICE THAT EXPIRES TOMORROW. RIGHT NOW, I CIRCLED ON THE CALENDAR MAY 14TH, TO UNDERSTAND WHAT WE ARE GOING TO DO WITH KING'S

LANDING. >> COMMISSIONERS , I THINK MAY 14TH WILL BE A CRITICAL MEETING, ESSENTIALLY, DO YOU WANT TO LEAVE THE CONTRACT WITH THE DATES, AS IS, OR DO YOU WANT TO EXTEND IT. IF YOU LEAVE IT AS IS , WE WILL THEN BE ASKING QUESTIONS RELATING TO HOW DO YOU WANT TO PROCEED? OR DO YOU WANT TO PROCEED WITH TAKING BACK THE PROPERTY? BUT THAT IS THE MAY 14TH DISCUSSION YOU ARE TALKING ABOUT, BECAUSE THEY HAVE BEEN PRETTY CLEAR IN PROPOSING ALTERNATIVE TIMELINES, REQUIRING AN AMENDMENT TO THE CONTRACT THAT CURRENTLY EXISTS. SO, THERE HAS BEEN NO DIRECTION FROM THIS BOARD WHATSOEVER, OR FROM THE FPRA BOARD TO PROCEED, FOR MY OFFICE TO PROCEED WITH ANY TAKEBACK OF THE PROPERTY. WHAT YOU HEARD FROM COUNCIL, AND FROM MR. MATTESON TODAY, IS THE BELIEF THAT IT MAY BE SELF EXECUTED. IN ORDER TO AVOID THAT POSSIBILITY LEGALLY, THEY HAVE ASKED FOR AN EXTENSION OF THE 45-DAY CURE PERIOD IN AN ABUNDANCE OF CAUTION. THEY DON'T WANT THAT TO BE TRIGGERED TOMORROW. SO THAT IS WHY THEY ARE REQUESTING THAT 45-DAY EXTENSION. THE BIGGER DISCUSSION, IN MY MIND, IS THE DISCUSSION OF WHETHER YOU WANT TO EXTEND DEADLINES AND AMEND

THE CONTRACT AS IT EXISTS. >> YOUR HONOR?

>> YES. >> IN MY UNDERSTANDING, IF WE WERE TO EXTEND THE CURE REQUEST, BASED ON THEIR REQUEST, I SEE THE NEXT MEETING WITH FPRA, OR THE CITY COMMISSION, WHATEVER PARAMETER, WHATEVER TIMEFRAME, IN THIS CHAMBER, IF THAT IS PART OF THE CURE PERIOD, AND WE ARE WITHIN THE TIMEFRAME OF THE CURE, WE ARE WORKING WITH, LISTENING TO, GETTING DATA , COMING UP WITH THE PLAN. IS THAT ACCURATE , FOR ME TO ASSUME THAT THIS IS PART OF THE CURE EXTENSION, AND THE PROCESS ?

>> MADAM MAYOR, COMMISSIONERS, YES. THAT WOULD KEEP US WITHIN

[01:45:05]

AS IT IS, OR AS WE AMEND IT. >> OKAY. I WOULD ALSO RECOMMEND, BECAUSE OF THE FPRA PARAMETERS, WE CAN MEET AS THE CITY COMMISSION , BECAUSE I KNOW THAT IT IS A RECOMMENDATION TO ALLOW US TO CALL A SPECIAL MEETING WITHIN 24 HOURS, THE ACTUAL CHARTER SAYS SIX HOURS. BUT THAT IS OKAY, WE HAVE DONE OUR DUE DILIGENCE AND WE HAVE BEEN RESPECTFUL WITH THE PUBLIC, THE MEDIA, ET CETERA , TO HAVE THIS AS A SPECIAL MEETING. I THINK, WHENEVER WE FEEL LIKE WE NEED TO MAKE THE CALL, FOR A SPECIAL MEETING OF THE FPRA. WE SHOULD DO THAT. IF IT IS NEXT WEEK , I AM OKAY WITH THAT. IF IT IS THE WEEK AFTER, THEN I AM OKAY WITH THAT, BUT WAITING TO BE 14TH .

UNLESS THERE IS A PARAMETER THAT SAYS, I CANNOT GET PEOPLE HERE -- I AM OKAY WITH TWO MEETINGS. LET'S HAVE A MEETING, LET'S FORMULATE A PLAN, LET'S GET THE DATE. IT WILL BE A LONG MEETING, A LONG DISCUSSION, WE WILL HAVE SPECIAL TIME FOR THAT, BECAUSE THERE ARE BOARD ITEMS FOR THE FPRA THAT NEED TO BE DISCUSSED. I DO NOT WANT THIS ITEM TAKING UP THE BUSINESS MEETING FOR THE FPRA. WE NEED SPECIAL MEETINGS, IN THE NEXT WEEK OR TWO.

>> CAN I PLEASE CHIME IN? >> I WISH YOU WOULD.

>> COMMISSIONER JEREMIAH, THANK YOU FOR BRINGING THIS UP. I DID NOT WANT TO GET INTO THIS AT THIS TIME, I HAVE EMERGENCY SURGERY COMING UP ON MAY 10TH. I BELIEVE CLEARLY I HAVE A STRONG DESIRE TO BE PART OF THIS DISCUSSION. MY 40 YEARS OF COMMERCIAL REAL ESTATE EXPERIENCE, I THINK I CAN

BRING SOMETHING TO THE TABLE. >>

>> MAY 10TH THAT IS A FRIDAY. THANK YOU FOR BRINGING THAT UP. MAYBE, MAKE IT THE EIGHTH POTENTIALLY. JUST , JUST AS AN OPTION . I WAS GOING TO BRING IT UP. BUT YOU KIND OF BEAT ME

TO IT. >> THAT IS THREE WEEKS FROM TODAY. BASED ON THE FPRA PARAMETERS , YOU KNOW, WE ARE GOING TO HAVE TO ENGAGE WITH THE PRESENTERS, ALSO.

>> MAYBE MAY 8TH? AS A POTENTIAL DATE, DO YOU THINK THAT MIGHT WORK, COMMISSIONER JOHNSON WE

>> WE NEED TO COORDINATE WITH THE PRESENTERS.

>> I AGREE. IF THIS DATE IS ACCEPTABLE TO THEM, THAT WILL CERTAINLY WORK FOR THEM. IF IT WORKS FOR THE REST OF THE

COMMISSION. >> WHATEVER DATE WORKS, WE NEED TO HAVE THAT . I AM LOOKING FOR THAT AS THREE WEEKS

FROM TODAY. >> SHALL WE ASK THEM ABOUT

THAT? >> CAN WE ASK YOU ABOUT THE DATE THAT WE ARE TALKING ABOUT, MAY 8TH?

>> THAT IS A WEDNESDAY. >> MADAM MAYOR, WE WERE NOT AWARE OF THE COMMISSIONER'S ISSUE. I WILL BE IN CALIFORNIA ON MAY 8TH FOR A WEDDING. SO, WE WERE PLANNING ON THE 14TH OF

MAY. >> FIRST, OR WHAT?

>> MAYBE MAY 2ND? >> IT IS MY UNDERSTANDING , ALONG WITH COMMISSIONER BRODERICK, WE STILL HAVE A CIRCLED DATE WHEN MARRIOTT AND EVERYONE IS COMING TO TELL US.

BUT WHAT MY COMMISSIONERS WERE TRYING TO DO, AS PART OF OUR DUAL ROLE, OF THE CITY COMMISSIONERS IS START SOME MEETINGS BEFORE MAY 14TH, OR ARE YOU WAITING TO MOVE THAT

MAY 14TH DATE UP? >> WE MAY NEED TO DO BOTH.

>> I GOT YOU. >> OR DELAY IT BY A WEEK FOR THE 21ST. I UNDERSTAND THE PROBLEM WITH MARRIOTT COMING INTO TOWN . THAT IS DIFFICULT TO GET ON THE CALENDAR, BUT THERE IS A TWO- TIERED PROCESS. WE NEED TO COME BACK TO THE CITY COMMISSION TO COMMIT TO AN AMENDMENT FOR THIS, AS FAR AS THE DATE IS CONCERNED, AND IN WORST-CASE SCENARIO, I CAN CERTAINLY WATCH THE FPRA MEETING, IN ALL

[01:50:04]

WHAT ABOUT IT ? >> BOTH WOULD HAVE TO VOTE ON

IT. >> I WOULD PREFER TO BE AT BOTH MEETINGS. IT IS A RATHER AGGRESSIVE SURGERY.

>> BUT I JUST DON'T WANT , I WILL NOT SAY SCARE YOU AWAY.

IF MARRIOTT IS COMING AND FROM EVERYTHING I AM HEARING TODAY,

IT ALL DEALS WITH THE HOTEL. >> I CAN MAKE UP MY TIME AT THE CITY COMMISSION MEETING TO DRILL INTO THAT, IF THAT SOUNDS REASONABLE TO YOU. I WANT TO HEAR THE MARRIOTT PRESENTATION.

>> COMMISSIONER JOHNSON , I GET WHERE HE IS GOING NOW. WHAT HE DOES NOT WANT IS FOR THE 14TH TO COME, AND THEN WE DO NOT HEAR ANYTHING ON THE 14TH. I SAY, IF WE HAD SOMETHING EARLIER, MAYBE MARRIOTT, MAYBE SOMEBODY COULD TELL THE BOARD, THIS IS WHAT IS GOING ON. WE SEE THE PROCESS MOVING TOWARD

THE 14TH. >> OKAY. I GOT THAT NOW.

>> MADAM COMMISSIONERS, MAY I MAKE A SUGGESTION ? I CAN SET UP ADDITIONAL MEETINGS TO ADDRESS THE CONCERNS. I UNDERSTAND THE TIMELINES, RELATING TO YOUR UNAVAILABILITY, WE CAN WORK WITH THE COMMISSION, AND A? -- WE CAN WORK WITH ADDRESSING THE CONDITIONS YOU HAVE.

>> THANK YOU, NOT AN ATTORNEY. WE ARE FORGETTING ABOUT THAT EMPTY CHAIR SITTING OVER THERE, WHICH I KNOW, THERE WOULD BE A LOT OF QUESTIONS COMING FROM THAT.

>> I AM GLAD , I AM GLAD THAT WE BROUGHT THAT UP.

>> THERE ARE A LOT OF QUESTIONS. THERE HAVE BEEN A

LOT OF QUESTIONS TODAY. >> WE HAVE GOT TO KEEP THAT IN CONSIDERATION. WHATEVER WE HAVE DISCUSSED TODAY, YOU KNOW, WE HAVE A CITY COMMISSIONER OF TOWN AND I KNOW THAT HE WANTS PART OF THIS, HE IS VERY CRUCIAL ABOUT THIS DOWNTOWN, AND THIS KING'S LANDING.

>> I DO WANT TO MAKE TWO POINTS, I AM FINE WITH THE CITY ATTORNEY HEDGES MANAGING CALENDAR ISSUES WITH THE OTHER FOLKS. BUT HAVING SAID THAT, I REALLY WANT TO BE VERY CLEAR ABOUT SOMETHING. AND THAT IS, THE GRANTING OF THE EXTENSION, I AM LOOKING AT THIS SOMEWHAT DIFFERENTLY THAN WHAT YOU FOLKS ARE DOING NOW, BECAUSE YOU HAVE HAD GREAT POINTS, AND IT WAS A VERY GREAT, PRODUCTIVE DISCUSSION, THERE ARE UNANSWERED QUESTIONS, WE NEED INFORMATION, PERTAINING TO , PRIOR TO THOSE MEETINGS, AND I KNOW THAT MS. HEDGES, AND, I DON'T WANT TO SAY OPPOSING COUNCIL, BUT WORKING ON GETTING THE INFORMATION THAT IS ABSOLUTELY NECESSARY FOR THIS COMMISSION TO HAVE. HAVING SAID THAT, THAT IS THE PERSPECTIVE I AM TAKING THAT IS SLIGHTLY DIFFERENT MOVING FORWARD. THESE ARE THE QUESTIONS THAT I HAVE. THESE -- I WANT GRANULAR SPECIFICS. NOT BROAD STROKES. ON FINANCING OF THIS PROJECT. !, GRANULAR SPECIFICS. NOT, WE ARE HOPEFUL, OR THEY MAY. THIS IS A YES OR NO EQUATION. THE QUESTION CENTERS ON, IF THEY ARE GOING TO PARTICIPATE, THIS IS WHAT IS GOING TO HAPPEN. I DON'T NEED A COMMITMENT FROM THEM SAYING THIS IS GOING TO BE THE CASE. BUT THIS IS WHAT THE FINANCIAL PICTURE AND OUTLOOK ARE GOING TO LOOK LIKE.

IS THAT CLEARLY ARTICULATED? THE SECOND PORTION OF MY COMMENTARY IS, I WANT GRANULAR SPECIFICS ON THE TIMELINES.

NOT , WELL, IF IT IS A BLUE SKY TODAY, THINGS WILL BE FINE, ET CETERA. I WANT A START DATE, SCOPE, CRITICAL PATH TO CONSTRUCTION. I KNOW HE IS SMILING DOWN THERE RIGHT NOW, YOU LOVE THAT COMMENT , JEREMIAH. DO YOU UNDERSTAND WHERE I AM GOING WITH THAT? INSTEAD OF THINKING OF THIS IN THE REALM OF, WELL, THIS IS POSSIBLE, IF A COUPLE OF THESE

[01:55:06]

>> UNDERSTOOD. >> COMMISSIONER, I WANT YOU HERE AT THE MEETING. THE 14TH, WE ALL KNOW HOW MEDICAL THINGS GO AND SOMETIMES, YOU WALK OUT THE NEXT HOUR AND SOMETIMES IT IS NOT THAT WAY, IF WE CAN ASK FOR SOME COMPASSION FROM OUR TEAM DOWN HERE THAT IS IN FRONT OF US, I DON'T KNOW IF THOSE FOLKS CAN COME HERE OR NOT, WE CANNOT SPEED IT UP.

>> CAN WE TRY? >> WE ARE WITHIN THE 45-DAY PERIOD. I BELIEVE IT IS A FUNCTIONAL PARAMETER. WE CAN HAVE SOME VERY RELEVANT DISCUSSION. LET'S GET THESE FOLKS HERE. LET'S GET THE BIG PIECES OF THE EQUATION DOWN ON

PAPER. >> WE ARE GOING TO DO OUR BEST TO COME UP WITH SOME ALTERNATIVE DATES.

>> THANK YOU. >> I WILL LET MS. HEDGES KNOW.

INVOLVED AND I UNDERSTAND THE PARAMETERS, THEY HAVE SCHEDULES JUST LIKE OURS, I GET IT. IF WE CAN DO IT, I HOPE WE CAN DO

IT. >> MADAM MAYOR, IF MARRIOTT IS LISTENING TO THIS , IF THEY ARE LISTENING, WE ARE NOT SAYING THAT WE DO NOT WANT YOU HERE, WE ARE TRYING TO GET YOU HERE WHEN EVERYONE IS HERE, AND EVERYONE IS PAYING ATTENTION, BECAUSE WE WANT YOU TO BE A PARTNER WITH US, BECAUSE WE WANT A NICE PROJECT. WE DO NOT WANT EVERY TYPE OF HOTEL THERE, SO, IF CORPORATE IS LISTENING, THEY ARE MAKING THE REQUEST FOR PUSHBACK. WE WANT EVERYTHING. MARRIOTT, WHEN YOU GUYS ,, WE WANT TO SAY, LET'S GO, LET'S DO IT.

>> WE WILL MAKE IT CLEAR TO MARRIOTT THAT YOU GUYS WANT THEM HERE. AND WE WILL WORK ON COMING UP WITH ALTERNATIVE

DATES, TO YOUR POINT. >> WE LOOK FORWARD , WE HOPE, TO GETTING THIS AGREEMENT IN PLACE AND REBUILDING MUTUAL TRUST. OUR JOB IS TO PROTECT THE TAXPAYERS, BUT WE WANT TO BE PARTNERS. IS THERE A MOTION THAT ANYONE WANTS TO MAKE?

>> APPROVE OR DENY THE REQUESTFOR AN ADDITIONAL 45 DAYS TO CURE THE DEFAULT THAT WAS ISSUED MARCH 21ST, 2024.

>> YOU MOVE TO GRANT? >> MOVE TO GRANT.

>> DO YOU UNDERSTAND THAT? >> WE ARE EXTENDING UP TO THE

21ST? >> YES, SIR.

>> 32 DAYS. >> I THINK JUNE 4TH IS WHAT

WE SAID WAS 45 DAYS. >> SO, WE ARE GOOD? COMMISSIONER GAINES, DO YOU UNDERSTAND ?

>> I UNDERSTAND. >> YOU ARE GRINNING.

>> WILL YOU CALL THE ROLL ? >> WE NEED A SECOND.

>>

>> THANK YOU VERY MUCH. >> I WOULD STILL LIKE TO REVIEW THE IDEA OF MEETING AS THE FPRA BOARD, A SPECIAL MEETING, BEFORE THE -- EITHER THE 14TH OR THE 21ST? I WOULD LIKE TO SUGGEST TO THIS TEAM THAT THE LEGAL PARAMETERS REQUIRED IN THE FPRA, SEVEN DAYS OF NOTICE TO THE PUBLIC.

SO, MS. HEDGES AND I TALK ABOUT THEM, SO I AM NOT GOING

[02:00:04]

>> ANYONE WANT TO HAVE A SPECIAL MEETING FOR FPRA ?

>> WE WILL TALK SPECIFICALLY ABOUT THIS ITEM.

>> MORE SPECIFICALLY ABOUT THIS ITEM?

>> I DON'T THINK IT WILL HURT. IF THERE IS NOTHING OF SUBSTANCE TO TALK ABOUT, WE DO NOT NEED TO CALL A SPECIAL MEETING, BUT I WANT TO BE PREPARED. THERE IS SUCH A BIG WINDOW. IF THERE IS OTHER INFORMATION THAT WE CAN TALK ABOUT TOGETHER, LET'S DO THAT, SPECIFICALLY BECAUSE COMMISSIONER BRODERICK HAS A PROCEDURE COMING. LET'S GET THAT INFORMATION ON THE RECORD, IF WE CAN.

>> UNDERSTOOD. >> YES. FINE.

>> I AM NOT GOING TO VOTE. >> IF WE NEED IT, WHAT YOU ARE PUTTING ON THE RECORD IS, LET'S HAVE A SPECIAL MEETING.

THE CHAIR. YOU ARE THE CHAIR OF THE FPRA.

>> YOU ARE TELLING ME IN PUBLIC , WHICH IS DEFINITELY WHAT YOU

SHOULD DO. >> I THINK , AS A MATTER OF FACT, IT IS A GREAT IDEA BECAUSE THIS MEETING WAS SUCH SHORT NOTICE. PEOPLE THAT GOOD,, OR SOMEBODY WHO WANTED TO COME, THEY KNOW THAT THEY HAVE ANOTHER MEETING, TO COME FOR THE FPRA. AND I KNOW, YOU ALL DO NOT WANT TO HEAR ME SAY THAT, BUT EVERYBODY COULD NOT MAKE IT TODAY, AND SO THAT WOULD PROVIDE ANOTHER OPPORTUNITY TO HEAR WHAT THE PUBLIC IS SAYING . AND I KNOW, THAT MAY NOT BE POSITIVE , BUT AT LEAST WE CAN HEAR THE VOICE, THEY MAY SAY SOMETHING TO TRIGGER SOMETHING, MAYBE TO ASK QUESTIONS. I WOULD AGREE WITH

THAT. >> WELL, MR. MATTESON 'S COUNCIL HAS TALKED ABOUT, IT LOOKS TO ME, BEING STRATEGIC, WE WILL PROBABLY NEED TO MAKE A DECISION BY TUESDAY, BECAUSE THE 30TH MAY OR MAY NOT BE OPEN, I AM JUST THROWING THAT

IDEA OUT. >> I APOLOGIZE, I JUST CLOSED

MY COMPUTER WITH MY CALENDAR. >> THAT IS A TUESDAY.

>> IF WE ARE TALKING ABOUT THAT DATE, IT IS A POSSIBILITY.

HAPPEN. >> YOU NEED SEVEN DAYS NOTICE

TO SET UP THE FPRA. GOT IT. >> ANYTHING ELSE? THANK YOU

* This transcript was compiled from uncorrected Closed Captioning.