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Flagler Beach commission approves purchase-and-sale agreement for golf course with deed restrictions, first-right guardrails
Summary
After extended public comment and debate, the commission approved a purchase-and-sale agreement (PSA) for the municipal golf course, adding deed-restriction and procedural safeguards including a recorded covenant, a non-assignability clause, Coast Title escrow, and a 90-day city first-right-of-refusal window; the motion passed 3-2.
The Flagler Beach City Commission voted 3-2 to accept a purchase-and-sale agreement (PSA) that would allow a private operator to acquire and renovate the municipal golf course, attaching multiple protections and conditions the commission asked staff and the buyer to include.
Attorney Jay Livingston, representing the prospective buyer, presented the PSA and supporting documents, including an exhibit special warranty deed and a separate declaration of restrictions and covenants intended to bind future owners. Livingston told the commission the declaration is "an extra layer" to enforce ongoing maintenance and drainage easements in addition to the existing deed restriction recorded on title.
Operator Jeff Ryan, introduced during the applicant presentation, described the proposed renovation timeline and construction approach. "I'd like to think of this as a very positive opportunity for the city," Ryan said, describing a phased renovation aimed at re-establishing salt-tolerant turf and opening portions of the course as they are completed.
Commissioners debated several contract protections during the meeting and reached a number of specific changes before voting. The commission and applicant agreed to add or clarify these provisions in the PSA: - Escrow agent: Coast Title will hold the buyer’s deposit unless the commission directs otherwise. - Non-assignability: the PSA will include a no-assignment clause so the contract cannot be assigned prior to closing without city consent. - First right of refusal: the parties agreed to a mechanism that would give the city a contractual opportunity to match a third-party offer; the city requested a 90-day period to exercise that right, tied to the ordinance and closing process. - Earnest-money increase: commissioners discussed raising the deposit to a standard 5% of the purchase price (roughly $40,000 in public discussion); the buyer indicated willingness to adjust the escrow amount to meet the commission’s direction. - Financing benchmarks: the buyer agreed to provide lenders’ commitment documentation during the due-diligence/financing contingency period and to provide periodic proof of progress toward financing.
The commission’s final motion approved the PSA with the changes described from the dais; the roll call was Commissioner Spradley Yes, Commissioner Bellheimer Yes, Commissioner Cunningham No, Commissioner Cooley Yes, Chair Sherman No. The motion carried 3-2.
Supporters and opponents spoke at length during public comment. Dozens of residents urged the commission either to sell the course to a private operator who would invest in renovations or to keep the property in public hands. Speakers who supported the sale said the city lacked resources to restore the course and that a private operator could quickly rehabilitate turf, irrigation and clubhouse facilities; speakers opposed to a sale cited concerns about losing public control and urged stronger protections such as unanimous approval to change the course’s use.
City Attorney and staff explained legal protections that will be recorded at closing. The deed restriction already attached to the property requires a unanimous five-member commission vote to change the use in the future; the special-recorded covenant and the operational declaration are intended to create additional, enforceable obligations in a less “nuclear” (all-or-nothing) enforcement pathway than the deed restriction alone.
What this means: the PSA approval initiates a process but does not complete a sale. The commission must still adopt any required ordinances and a final closing will be subject to the buyer meeting financing and other contingencies in the contract. Staff and the buyer said the next steps include finalizing the escrow agent, updating the PSA language for the agreed protections, and returning required ordinances for legislative approval.
Votes at a glance (golf course item): - Purchase and sale agreement for municipal golf course (PSA): motion to approve PSA with the changes discussed on the dais; outcome: approved 3-2 (Spradley Yes; Bellheimer Yes; Cunningham No; Cooley Yes; Chair Sherman No).
Speakers quoted in this article spoke at the meeting as recorded in the meeting transcript; attribution is limited to those identified in the transcript.
