Provenance

Observer Local News, June 23 2026. Reports the Seminole Woods development (MPC Lots LLC / ICI Homes / Mori Hosseini): 119 acres west of Seminole Woods Boulevard, 502 units plus commercial. Flagler County Planning Board voted 6-0 on February 10 2026 to recommend approval despite unanimous resident opposition. Chiumento told the planning board the city utility department had reviewed the application and determined there was sufficient capacity. County Commission considered the large-scale future land use amendment June 15 2026.

Over the years, city staff and outside consultants warned Palm Coast's City Council, repeatedly and on the record, that the water and wastewater system was in serious trouble — that capacity was falling behind, that rate increases were necessary, and that deferring action would only compound the cost. This is that record.

FlaglerLive, February 18 2026. Reports the February 17 2026 Palm Coast City Council meeting at which the council approved procedural safeguards (supermajority + public referendum) to make it harder to sell the city utility. Vice Mayor Theresa Pontieri stated from the dais: 'BlackRock specifically — and now, by the way mayor, BlackRock is Allete, and Allete is now suing us. So this is all kind of connected.' Verbatim quote sourced here; meeting was the utility-sale safeguard debate, not the Town Center lawsuit hearing.

Service Availability Letter — Seminole Woods Mixed Use PUD (Parcel# 29-12-31-0000-01010-0000 and 28-12-31-0000-01010-0000). Dated December 9, 2025. Signed by Samantha Borges, Utility Development Review Specialist, City of Palm Coast Utility Department. Addressed to Kimley-Horn & Associates, Inc., Daytona FL — engineer of record for the Seminole Woods / MPC Lots LLC / ICI Homes / Mori Hosseini development. The letter confirms the City of Palm Coast is the water and wastewater service provider to the referenced parcels and encloses system maps showing existing mains. CRITICAL EDITORIAL FINDING: The letter does not confirm capacity. The word 'capacity' does not appear. The attached GIS map shows an 8" sewer force main, an 8" water main, and a 12" sewer force main marked 'under construction' as of 12/9/2025 — three months after city utility staff told the full council on camera (August 12, 2025) 'We do not reserve capacity in the utility system.' At the February 10, 2026 Flagler County Planning Board hearing, attorney Michael D. Chiumento III told the board the city utility department had reviewed the application and determined there was sufficient capacity. This letter — the only written utility document produced in response to Chapter 119 request — does not say that. Obtained via Chapter 119 public records request to KCook@palmcoastgov.com; produced June 26, 2026.

Kent Saffert of Holtzman Vogel, representing Palm Coast Holdings and Florida Landmark Communities — the developer of the Town Center DRI — addresses the Palm Coast City Council during public comment on the Flagler Pines annexation, November 4, 2025. Saffert tells the council his clients spent over $35.5 million on infrastructure in exchange for vested rights to develop 1,500 acres, and that the property cannot be developed now because there is no sewer or water capacity. He says buyers backed out of a contract after the city told them they had no guaranteed rights to capacity, that the company filed suit the prior week, and that the annexation ordinance's whereas clause claiming the city can provide municipal services is not accurate. He calls for a moratorium on annexations until the utilities are fixed. Primary-source video. Full reporting at PalmCoastStorylines.com — “What It Costs to Live Here.”

City of Palm Coast City Council Workshop, August 12, 2025. City utility staff presents wastewater capacity figures to the full council on camera. Key statements: (1) 13,381 units in the pipeline assigned to Plant 1 require 2.4 million gallons per day of additional capacity; (2) Vice Mayor Pontieri asks how many units the plant can currently support — staff cannot answer: 'We'll have to get back with you on that'; (3) Staff clarifies mid-presentation: 'We do not reserve capacity in the utility system.' Staff also warns that DEP can refuse to activate a developer's system at the end of construction if the plant has reached capacity in the interim. Transcript in repo at transcripts/clip2-src.srt. Video clip: Clip A 42:55-43:25 (2.4 MGD), Clip B 51:35-51:55 (money question), Clip C 55:19-55:47 (no reserve — PRIORITY).

At the June 3, 2025 Palm Coast City Council meeting, staff presented an impact fee ordinance containing language that had been quietly inserted — language that would have given city staff, not the elected board, the final word on any developer challenge to a fee. Council member Theresa Pontieri read the source document, caught the language, and led the board through a working discussion on the record about what it meant and whom it served. The council voted to strike it. This clip is the moment elected officials in a weak-mayor city — the ones the charter was written to keep seen and not heard — reached in and took hold of the decision itself.

Rees v. City of Palm Coast, Case No. 25-CA-217, Flagler County Circuit Court. Filed April 18, 2025. Attorney Marie A. Mattox. Wrongful termination suit arising from Rees whistleblower disclosures. Case not yet to trial.

Palm Coast utility rate study and capital plan presented to City Council March 18, 2025. Documents the $292 million first bond issuance, Option A rate increases, and 30-year debt service of $582 million.

City of Palm Coast City Council Business Meeting agenda, March 18, 2025. Documents the moratorium motion, rate ordinance vote, and utility action plan items from the convoy day meeting.

At a March 7, 2025 special workshop, the mayor asked city staff two questions about the 19,000 housing units already permitted and in the pipeline. Could the system support them as-is? No, sir. Even with both bonds? No, sir. This is that exchange.

Florida Senate Local Funding Initiative Request #3181, FY 2025-26. Filed March 6, 2025 by Lauren Johnston, Assistant City Manager, City of Palm Coast. Senate sponsor: Thomas Leek. Lobbyist: Laura E. Boehmer, The Southern Group — the same lobbyist who handled all loop road appropriations. Requests $4,750,000 (50% state match, 50% city match) for the Wastewater Collection System Equalization Tank — the PEP tank system serving 30,000 Palm Coast residents on pre-treatment septic. This is the first LFIR ever filed for this project. The council established it as Priority 1 of their legislative priorities on August 17, 2021 — 3 years, 6 months, and 17 days before this form was filed. Question 8: Has this project previously received state funding? Answer: No. Priority 3 (the loop road) received $25 million in FY2023-24 and $80 million in FY2024-25 before Priority 1 received its first dollar of state funding.

Observer Local News, February 11, 2025. Covers FDEP consent decree issued July 29, 2024 ordering expansion of Wastewater Treatment Plant 1 by 2028.

Amanda Rees whistleblower letter filed November 23, 2024 under Florida Statute 112.3187. Details her discovery of capacity overcommitments, the July 23 slide removal directive, her termination on November 14 2024, and the resolution she prepared that was never presented to council.

Rees v. City of Palm Coast, Case No. 25-CA-217, Flagler County Circuit Court. Filed April 18, 2025. Attorney Marie A. Mattox. Wrongful termination suit arising from Rees whistleblower disclosures. Case not yet to trial.

Amanda Rees whistleblower letter filed November 23, 2024 under Florida Statute 112.3187. Details her discovery of capacity overcommitments, the July 23 slide removal directive, her termination on November 14 2024, and the resolution she prepared that was never presented to council.

Video clip of Palm Coast Utility Director Amanda Rees presenting at the July 23, 2024 City Council budget hearing — the same meeting at which a slide containing inaccurate infrastructure capacity data was removed from the public presentation at the direction of Chief of Staff Jason DeLorenzo. Rees presents from approximately 59 minutes 40 seconds through 1 hour 21 minutes 16 seconds of the full meeting recording. Central evidentiary clip for The Whistleblower investigation.

Voice Stress Analysis Examination Report WEI-2026-001. Examiner: Craig Kootsillas, Independent Investigative Analyst. Instrument: Praat v6.3.07 — the open-source acoustic phonetics software developed at the University of Amsterdam, used by law enforcement and academic forensic phonetics worldwide. Subject: Jason DeLorenzo, Chief of Staff, City of Palm Coast. Date of examination: May 13, 2026. Source material: August 8, 2023 Palm Coast City Council meeting. Key finding: At 14.09–14.24 seconds into the target segment — timestamp 2:29:07 in the full meeting video, the precise moment DeLorenzo says 'these are in no particular order' — fundamental frequency spikes to a sustained 419–475 Hz cluster before immediately returning to the controlled 120-130 Hz range. The baseline segment shows natural pitch variation (spread 174 Hz). The target segment shows artificially compressed pitch (spread 70 Hz) — a recognized stress indicator in the forensic phonetics literature. Status: PRELIMINARY — FOR INVESTIGATIVE PURPOSES ONLY.

Technical Methodology Report — Acoustic Fundamental Frequency Extraction and Comparative Baseline Voice Stress Analysis. Prepared in support of VSA Examination Report WEI-2026-001. Praat v6.3.07 was used to extract fundamental frequency (F0) contours from two audio segments: a neutral baseline (DeLorenzo's routine introductory statement at 2:11:46) and a semantically loaded target segment (the 'no particular order' denial at 2:29:07). All tools are open-source, peer-reviewed, and freely reproducible by any qualified examiner.

Statement Verification Exhibit — Basis for Audio Clip Selection, VSA Examination Report WEI-2026-001. Establishes through independent primary source documentation that DeLorenzo's statement at 2:29:07 — that the legislative appropriations priorities were in no particular order — is verifiably inconsistent with the documentary record.

Vice Mayor Theresa Pontieri tells the Palm Coast City Council what she found after reading every page of the developer's 117-page Master Plan Document — the proposed replacement for the existing Development Orders governing the westward expansion area. The MPD strips out developer obligations written into the original orders: the sports complex, the Olympic pool, the sports fields — all previously required, all gone. Ten thousand additional dwelling units added. Phase requirements with no enforcement teeth. She closes with a direct ultimatum to the landowner: two years of talking to a wall. One final ask — fix it. She will not accept it as written.

Master Planned Development Agreement Between the City of Palm Coast and Raydient Palm Coast LLC — Westward Expansion. Filed March 23, 2026. Not yet executed — execution date lines are blank. Covers approximately 20,214 acres west of U.S. 1. Key recital: The City Council, contemporaneously with approving this MPD, ABANDONED both the Old Brick Township DRI (Resolution 2010-114) and the Neoga Lakes DRI (Resolution 2010-138) — declared them of 'no further force or effect.' The DRIs had required the developer to construct the Palm Coast Parkway Extension and Matanzas Woods Parkway Extension — obligations worth approximately $178 million in 2010 dollars. The MPD replaces those enforceable obligations with a road dedication framework funded primarily through impact fees and tax increment financing. Raydient is authorized for 22,000 homes versus 12,000 in the original DRIs. Obtained via Chapter 119 open records request; provided directly by Mayor Norris.

Overall Comments — Westward Expansion Master Planned Development Agreement. City of Palm Coast staff comments on the Raydient MPD Agreement. Eight city departments independently flagging major concerns. Key findings: infrastructure funding via proportionate share likely insufficient; only entry/exit for first two phases is Matanzas Woods Pkwy; nothing in the MPD addresses existing infrastructure impacts; no school mitigation agreement; agreement language implies MPD supersedes the Charter, Comprehensive Plan, and Code of Ordinances. Senior Planner comment: 'if this project does not want City staff, City Council, or Residents of Palm Coast know what they are building, perhaps this project is better incorporating as its own jurisdiction.' Utility agreement absent. Package treatment plants permitted. No future public hearings required after MPD approval. Obtained via Chapter 119 open records request; provided directly by Mayor Norris.

Florida Senate Local Funding Initiative Request #3181, FY 2025-26. Filed March 6, 2025 by Lauren Johnston, Assistant City Manager, City of Palm Coast. Senate sponsor: Thomas Leek. Lobbyist: Laura E. Boehmer, The Southern Group — the same lobbyist who handled all loop road appropriations. Requests $4,750,000 (50% state match, 50% city match) for the Wastewater Collection System Equalization Tank — the PEP tank system serving 30,000 Palm Coast residents on pre-treatment septic. This is the first LFIR ever filed for this project. The council established it as Priority 1 of their legislative priorities on August 17, 2021 — 3 years, 6 months, and 17 days before this form was filed. Question 8: Has this project previously received state funding? Answer: No. Priority 3 (the loop road) received $25 million in FY2023-24 and $80 million in FY2024-25 before Priority 1 received its first dollar of state funding.

Vice Mayor Theresa Pontieri brings to the city council floor what she found after reading the full Neoga Lakes Development of Regional Impact Development Order — a 2010 contract in which a private developer agreed to build $109 million in roads as a condition of their development rights. By the time she sat down with that document, $105 million in Florida tax dollars had already paid for what the developer was legally required to build. Nobody had mentioned the contract. Nobody had enforced it. She read it because that is what she does. This is that moment, on the record, in public.

City of Palm Coast City Council Business Meeting agenda, February 6, 2024. DUAL INVESTIGATION DOCUMENT. For DC Blox: Item 5 (Ordinance 2024-XX, second read) amends the Town Center PUD Development Agreement to explicitly Allow Data Centers as a permitted use in Town Service and Town Business areas — the specific provision that enabled DC Blox/Project Orchid. Presenter: Jose Papa, AICP, Senior Planner. PLDRB approved unanimously October 18, 2023 with zero public comment. Not discussed openly at council. For Westward Expansion: Item 8 approves a $25M FDOT grant agreement (#453214-1-54-01) for Matanzas Woods Parkway Extension West Phase Two — the loop road Rayonier/Raydient was legally obligated to build under the 2010 Neoga Lakes DRI. Item 9 approves an FPL deposit for transmission line relocation for the same road. On a single agenda: council quietly approved data centers for Google and accepted $25M in public money for a road a private developer owed.

2nd Amended and Restated Town Center DRI Development Order (2024). Approved by Resolution 2024-04, January 16, 2024. Recorded June 5, 2024. Instrument 2024023350. OR Book 2874 Page 1215. 80 pages. Contains Section 6(a) water capacity prohibition, Section 7(a) sewer capacity prohibition, and Section 10(b) vesting of all entitlements for water and sewer concurrency. Source: original filename Town-Center-DRI-DO-2nd-Amended-and-Restated.pdf, downloaded from Palm Coast government ZIP archive June 2026.

Florida Senate Local Funding Initiative Request #3245, FY 2024-25. Filed January 4, 2024. Senate sponsor: Travis Hutson. Project: Palm Coast Parkway Extension Loop Road — Phase 3. Requests funds for ROW acquisition, design, permitting, and construction of Phase 3 — a multi-lane road extending Palm Coast Parkway from US-1 west over the FEC rail line, opening 20,000 acres of land within Palm Coast municipal boundaries. State Agency: Department of Transportation. This is one of the LFIRs that moved the second major round of loop road appropriations — ultimately $80 million in FY2024-25 — through the legislature. The council adopted the loop road as Priority 3 of their legislative priorities on August 17, 2021. Priority 1 (PEP tanks for 30,000 residents) received its first LFIR filing more than three years later, in March 2025.

Video clip — DeLorenzo target segment, August 8, 2023, timestamp 2:29:07. DeLorenzo states 'these are in no particular order' and 'correct, no ma'am' in direct response to Vice Mayor Pontieri's question about whether the legislative priorities were ranked. Duration approximately 97 seconds. Titled version with lower-third identifiers burned in. The anomalous pitch spike fires at 14 seconds into this clip — at the precise words 'no particular order.' Produced by PalmCoastStorylines.com.

Video clip — DeLorenzo baseline segment, August 8, 2023, timestamp 2:11:46. The control segment used in the Praat voice stress analysis. DeLorenzo introduces himself and the Southern Group lobbyists to Council — routine, low-stakes content with no emotionally loaded statements. Duration approximately 50 seconds. Shows natural pitch variation with a spread of 174 Hz and randomly distributed artifact spikes — the normal vocal pattern for this speaker in this recording environment.

Palm Coast Park DRI — Ninth Amendment. Resolution 2023-52. Unrelated to westward expansion investigation.

Town Center at Palm Coast 2022 First Amended and Restated Development of Regional Impact Development Order. Instrument No. 2022039793, recorded August 3, 2022, OR Book 2711 Pages 1810-1889. Effective date July 5, 2022. Approved by Resolution 2022-76, June 21, 2022. Parties: Florida Landmark Communities Inc., Palm Coast Holdings Inc., and City of Palm Coast. Signed by Mayor David Alfin and City Manager Denise Bevan. Notarized by Kaley Cook. Adds 550 residential units to Tracts 16 and 17; raises residential entitlements from 2,500 to 2,750 units; reduces non-retail commercial from 1,400,000 to 1,195,000 sq ft; increases nursing home from 240 to 485 beds. DRI termination date April 12, 2036. Attorney of record: Michael D. Chiumento III, Chiumento Law. Contains 80 pages including Exhibits A through I.

City of Palm Coast PLDRB agenda May 18 2022. Town Center DRI amendment items heard simultaneously: Application #5059 Old Kings Road Multifamily rezoning 12.07 acres OFC-2 to MFR-2; Application #5065 Crest Town Center Multifamily Master Site Plan 250 units Brookhaven Drive; Application #5080 Town Center Tracts 16 and 17 FLUM Amendment Conservation to DRI Urban-Core; Resolution 2022-XX Amendment to Town Center DRI Development Order Application #4437; Amendment to Town Center MPD-Development Agreement Application #4438. KEY EDITORIAL FINDING: Staff report for Application #5065 states the project will not pose a liability or hardship for the City as Town Center was designed with all required infrastructure necessary for built-out -- directly contradicts city attorney Blocher position in November 2025 motion to dismiss in Palm Coast Holdings v. City of Palm Coast arguing no contractual guarantee of physical utility capacity exists. DRI-DO staff analysis cites Comp Plan Policy 1.3.1.3: adopted Development Order requires analysis to ensure facilities to serve any proposed development are adequate. PLDRB recommendation stage only -- adopted Resolution 2022-XX City Council is next target. Presenter Jose Papa Senior Planner AICP.

PLDRB minutes, May 18 2022 — Town Center DRI amendment (broader DRI amendment heard by the board). City Manager Denise Bevan had signed the Crest Town Center minor modification 10 days earlier, on May 2 2022, without board review.

Town Center DRI Minor Modification — Crest Town Center. City Manager Denise Bevan alone, no Council vote, no PLDRB review, no public notice. Converts 205,000 sq ft commercial to 250 residential units. Chiumento letter Apr 28 2022 serves as the sole utility basis, with no independent utility department analysis. OR Book 2686 Page 1790, Inst 2022024875, approved May 2 2022.

City of Palm Coast City Council Business Meeting minutes, August 17, 2021. Item 13, page 8: Council voted 4-0 to approve three legislative priorities submitted by The Southern Group lobbyist Jason DeLorenzo. Transportation access to the west was listed as Priority 3 of 3. Branquinho moved, Klufas seconded. There was no discussion nor public comments. Foundational document establishing the original numbered priority submission.

City of Palm Coast Resolution 2021-117, adopted August 17, 2021. Formally approves the 2022 State Legislative Priorities as Exhibit A. Three priorities listed in numbered order: (1) PEP System Power Restoration Prioritization — requests state designation of PEP tank service areas as lifeline functions for power restoration priority; (2) Old Kings Road Phase 2 and 3 Construction — requests legislative support for FDOT 5-year Work Plan inclusion; (3) Transportation Access to the West — requests support for transportation projects opening land west of the FEC Railroad. This is the foundational document establishing the numbered priority order that DeLorenzo told Vice Mayor Pontieri on August 8, 2023 were in no particular order. Mayor David Alfin signed. City Clerk Virginia Smith attested. Lobbyist: The Southern Group.

Verbatim transcript of Palm Coast City Council Workshop, August 10, 2021, Item 6 — 2022 Legislative Priorities. Audio-only meeting — no video recording exists. Produced by PalmCoastStorylines.com from city audio. First and only verbatim record of this meeting. PCS-TR-2021-0001.

Video clip and transcript of DeLorenzo Priority 3 presentation, Palm Coast City Council Workshop, August 10, 2021. Speaker-highlighted MP4 video produced by PalmCoastStorylines.com from city audio. The only video record of this audio-only meeting. DeLorenzo presents Priority 3 — transportation access to the west — without mentioning the Neoga Lakes Development Order or the developer's contractual obligation to build those roads.

Palm Coast Park DRI — Eighth Amended and Restated Development Order. Effective January 2020. Unrelated to westward expansion investigation.

Palm Coast Park DRI — Seventh Amendment. Resolution 2019-88, September 2019. Unrelated to westward expansion investigation.

Palm Coast Park DRI — Sixth Amendment. Resolution 2019-20, March 2019. Unrelated to westward expansion investigation.

Palm Coast Park DRI — Fifth Amendment. Resolution 2018-140, October 2018. Unrelated to westward expansion investigation.

City of Palm Coast City Council agenda, September 11, 2018. Contains stormwater rate study item. Included in open records response alongside DRI documents.

Palm Coast Park DRI — Fourth Amendment. Resolution 2018-07, January 2018. Unrelated to westward expansion investigation.

Palm Coast Park DRI — Third Amended and Restated Development Order. Resolution 2017-100, recorded January 2018. Unrelated to westward expansion investigation.

Town Center PUD Minor Modification — 2016. Signed by Ray Tyner as Land Use Administrator. Lists the full chain of 6 prior PUD minor modifications since 2003. OR Book 2116 Page 260, Inst 2016007291, March 9 2016.

Town Center DRI Biennial Notice — 2011. OR Book 1847 Page 1486, Inst 2011035606, Dec 28 2011. 2 pages; OCR text layer applied (original scan was sideways).

Palm Coast Park DRI — Second Amended and Restated Development Order. Resolution 2011-93, October 2011. Unrelated to westward expansion investigation.

Neoga Lakes Development of Regional Impact Development Order. Effective October 5, 2010. Developer: Neoga Lakes, LLC (Delaware LLC, connected to Rayonier/Raydient chain). City Resolution 2010-138. Property: approximately 6,410 acres west of U.S. 1. Special Condition 25 establishes the developer's transportation mitigation obligations: proportionate share $73,355,792 (2010 dollars), total value of improvements $109,782,519 (2010 dollars). The Palm Coast Parkway Extension — the loop road — is an unconditional obligation triggered at 1,400 p.m. peak hour trips: developer SHALL CAUSE the road to be constructed and dedicated to the City. Default enforcement: building permits stop. Obligations run with the land and bind all successors and assigns. This DRI was abandoned by the City Council contemporaneously with approving the Raydient MPD Agreement in 2026. Obtained via Chapter 119 open records request.

Old Brick Township Development of Regional Impact Development Order, with Settlement Amendment (Resolution 2011-56). Effective September 7, 2010. Developer: Wilson Green, LLC (Delaware LLC). City Resolution 2010-114, as amended by Resolution 2011-56 (June 21, 2011). Property: approximately 5,273 acres northwest quadrant, west of FEC Railroad. Specific Condition 29 establishes developer transportation obligations: proportionate share $24,202,922 (2010 dollars), total value of improvements $68,928,160 (2010 dollars). Developer obligated to construct the Matanzas Woods Parkway Extension including the FEC Railroad overpass. The 2011 settlement amendment extended the construction commencement clock by tying it to City's acquisition of off-site ROW — which Condition 29(d) already placed on the City. This DRI was abandoned by the City Council contemporaneously with approving the Raydient MPD Agreement in 2026. Obtained via Chapter 119 open records request.

Town Center at Palm Coast DRI — First Amended and Restated Development Order. Unrelated to westward expansion investigation.

Resolution 2008-89, Three Year Extension to Town Center at Palm Coast Development of Regional Impact. Instrument No. 2008017111, recorded June 4, 2008, OR Book 1664 Page 1882, 2 pages. Adopted May 20, 2008. Mayor Jon Netts. CRITICAL PROVENANCE FINDING: The Whereas clause identifies the original Town Center DRI Development Order as having been approved July 11, 2003 and recorded at OR Book 959, Page 1509 — this is the location of the actual DRI Development Order containing the no-building-permit-without-sufficient-capacity language cited by city attorney Blocher in November 2025 motion to dismiss. A Chapter 119 request to the Flagler Clerk for that instrument is pending. This resolution is purely ministerial — it acknowledges the automatic 3-year extension to the DRI under the 2007 legislative amendment to Section 380.06(19)(c), Florida Statutes, applicable to projects under active construction as of July 1, 2007. It makes no substantive change to the DRI Development Order.

Palm Coast Park DRI — First Amended and Restated Development Order. Resolution 2007-105. Unrelated to westward expansion investigation.

Notice of Establishment of the Town Center at Palm Coast Community Development District. Instrument 2004006382, OR Book 1039 Page 1957, recorded February 9 2004. District established November 12, 2003. Return address: Michael D. Chiumento III, Chiumento & Associates P.A. — Chiumento himself is listed as a witness on the instrument. The file footer on the original document reads F:\Michael\Florida Landmark\Town Center\CDD Notice of Est.wpd — his own machine, his own client. Establishes Chiumento's continuous Town Center relationship from the founding of the district forward.

Palm Coast Park Development of Regional Impact Development Order — Original, 2004. Unrelated to the westward expansion investigation. Included in open records response.

Town Center PUD Ordinance 2003-32 and PUD Development Agreement. Instrument No. 2003071128, recorded December 30, 2003, OR Book 1025 Page 1405, 68 pages, Flagler County Official Records. Adopted by Palm Coast City Council December 16, 2003. Mayor James V. Canfield. FOUNDING DOCUMENT establishing Town Center PUD zoning for 1,557 acres, rezoning from Agricultural, C-2, and Future Development District to Planned Unit Development. Contains the full PUD Development Agreement as Attachment A (pages 3-56). CRITICAL EDITORIAL FINDINGS: (1) Original entitlement table at Section 4: 2,500 residential units, 1,400,000 sq ft office, 2,000,000 sq ft retail commercial, 1,400,000 sq ft non-retail commercial, 625,000 sq ft institutional, 2,400 seats movie theater, 480 lodging rooms, 240 nursing home beds; (2) Section 12.0 establishes the minor modification authority: minor modifications may be approved by the City Manager or designee WITHOUT City Council vote or PLDRB recommendation -- this is the legal authority under which the 2022 minor modification (Instrument 2022024875) was approved by City Manager Denise Bevan alone; (3) Section 10.0 Services states all utilities were addressed in the DRI Development Order -- meaning utility capacity commitments flow from the DRI DO, not the PUD; (4) Maximum building height in Town Core Areas (Urban Core and Urban Center) is 80 feet per Section 6.4 Table; (5) The DRI Development Order referenced throughout is a SEPARATE document approved July 1, 2003 -- not yet in library; (6) Signed by William I. Livingston, President of Florida Landmark Communities Inc., December 5, 2003; (7) Exhibits include Master Development Plan (C1), Tract Map (C2), sidewalk/pathway plans (D1, D2, D3, D4), typical roadway sections (E), and public land parcel map (F).

Town Center at Palm Coast Development of Regional Impact Development Order — the founding 2003 order. Instrument 2003039803, OR Book 959 Page 1509, recorded July 23 2003. Contains two independent capacity prohibitions (Section 6(a) water supply; Section 7(a) wastewater) each forbidding building permits for any subsequent phase until sufficient capacity exists. Section 11(h) requires each biennial monitoring report to include a letter from the utility service provider — not the developer's attorney — demonstrating sufficient capacity. Signed by City Manager Richard M. Kelton and Vice Mayor Jon Netts acting for Mayor Canfield. Developer: Florida Landmark Communities, Inc. (William I. Livingston, President). 76 pages including all exhibits.

Town Center at Palm Coast Development of Regional Impact Development Order — Original, 2003. Unrelated to westward expansion investigation. Included in open records response.

FCC Public Notice DA-26-404, Report No. SCL-00606NS, April 24, 2026. Non-streamlined notice. Records that on April 21, 2026 the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector formally notified the FCC it is reviewing the Sol application. 120-day initial review period has not yet begun as of April 21. FCC will be notified when Committee Chair determines responses to initial information request are complete and 120-day clock can begin. Both Starfish amendments listed in same notice. As of June 28, 2026 — the most recent public notice in the docket — no action has been taken.

DOJ National Security Division letter to FCC Secretary Marlene H. Dortch, April 21, 2026. Signed by Jessica Campbell, Attorney Advisor, Telecommunications and Supply Chain, Foreign Investment Review Section. Notifies FCC that the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector is formally reviewing the Sol application. States FCC will be notified when Committee Chair determines responses to initial information request are complete and 120-day review period can begin. As of April 21, Google had not yet completed responses to Committee opening questions. 120-day clock had not started. Team Telecom case number TT 2026-002. Same CC distribution as deferral letter.

FCC Public Notice DA-26-348, Report No. SCL-00602NS, April 10, 2026. Non-streamlined notice. Records that on April 3, 2026 DOJ notified the FCC it is reviewing the Sol application for national security purposes and requests the Commission defer action. FCC refers application to Committee for Assessment of Foreign Participation in the United States Telecommunications Services Sector. Application reclassified from streamlined (SCL-00595S) to non-streamlined (SCL-00602NS). Palm Coast building permit was issued April 8, 2026 — two days before this notice, five days after DOJ deferral request.

DOJ National Security Division letter to FCC Secretary Marlene H. Dortch, April 3, 2026. Formal deferral request. Signed by Christopher R. Clements, Deputy Chief, Telecommunications and Supply Chain, Foreign Investment Review Section. Subject line reads: Sol Cable System (Google) — Google named explicitly for first and only time in the correspondence record. Requests FCC defer action on SCL-LIC-20250910-00044 and remove from streamlined processing. States DOJ is reviewing for national security purposes. States DOJ will notify FCC whether mitigative measures should be required as conditions of any license grant. Team Telecom case number TT-PR-2026-005. Copied simultaneously to FCC Team Telecom, DOJ, DHS Team Telecom, and DoD Team Telecom. Palm Coast building permit issued five days later, April 8, 2026.

FCC Public Notice DA-26-296, Report No. SCL-00600S, March 27, 2026. Grants third and final DOJ extension on Sol cable application. Comment deadline moved to April 10, 2026. Contains most complete single narrative of all three extensions in one Sol entry. Also contains American Samoa / ASTCA application noting Starfish Infrastructure Inc. (Google subsidiary) is constructing Le Vasa cable for ASTCA in Pacific — confirming Starfish is active across multiple cable systems simultaneously. Quintillion date correction from DA-26-260 also included.

DOJ National Security Division letter to FCC Secretary Marlene H. Dortch, March 26, 2026. Third and final extension request. Signed by Christopher R. Clements, Deputy Chief. DHS still unfunded. Requests two-week extension to April 10, 2026. Explicitly states: if shutdown continues past new deadline, DOJ expects to submit deferral request. Eight days later, on April 3, DOJ filed deferral request instead of fourth extension. Cites 47 CFR §1.40002(b)(2). Bulikula precedent cited. Copied to FCC Team Telecom, DOJ, DHS, DoD.

FCC Public Notice DA-26-260, Report No. SCL-00599S, March 19, 2026. Status update on Sol cable FCC license application SCL-LIC-20250910-00044 (Starfish Infrastructure Inc. / Google). Records two DOJ National Security Division extension requests both signed by Christopher R. Clements, Deputy Chief, Telecom and Supply Chain Foreign Investment Review Section. First extension requested February 24, 2026 citing DHS funding lapse; granted February 27, new deadline March 13. Second extension requested March 12, 2026 same reason; granted March 19, new deadline March 27, 2026. This is the last public action on record. As of June 28, 2026, no FCC license grant has been located in the public record. Building permit for Palm Coast cable landing station issued April 8, 2026 with license still pending. Google is constructing the facility without confirmed federal cable landing authorization.

DOJ National Security Division letter to FCC Secretary Marlene H. Dortch, March 12, 2026. Second extension request. Signed by Christopher R. Clements, Deputy Chief. DHS still unfunded. Requests two-week extension to March 27, 2026. Identical structure to first letter. Deferral warning repeated in footnote. Sua sponte invitation to FCC repeated. Bulikula (Starfish/Google Pacific cable) cited as precedent for DHS deferral procedure.

FCC Public Notice DA-26-203, Report No. SCL-00597S, February 27, 2026. Grants first DOJ extension on Sol cable application. Sol entry appears as informative footnote in combined notice primarily covering EXA Infrastructure US LLC renewal. EXA North and South renewal cleared by DOJ same week — Christopher R. Clements signed DOJ clearance for EXA on February 26, 2026, stating no national security referral necessary. Sol extension granted same day. EXA: foreign-owned through Cayman Islands funds, cleared immediately. Sol: Google-owned, 100% U.S. controlled per applicant, extended three times then deferred for national security review.

DOJ National Security Division letter to FCC Secretary Marlene H. Dortch, February 24, 2026. First of three extension requests. Signed by Christopher R. Clements, Deputy Chief, Telecommunications and Supply Chain, Foreign Investment Review Section. Cites DHS funding lapse preventing Committee participation. Invokes 47 CFR §1.40002(b)(2). Requests two-week extension to March 13, 2026. Footnote warns deferral is next step if DHS remains unfunded. Also invites FCC Office of International Affairs to extend sua sponte if shutdown continues. Copied to FCC Team Telecom, DOJ, DHS, and DoD simultaneously.

FCC Public Notice DA-26-155, Report No. SCL-00595S, February 13, 2026. Streamlined Submarine Cable Landing License Application accepted for filing. File SCL-LIC-20250910-00044. Applicant: Starfish Infrastructure Inc., an indirect wholly owned subsidiary of Google LLC. Application to construct, land, and operate the Sol cable system connecting Florida, Bermuda, the Azores, and Spain. Confirms: Tarpon Services LLC (also a Google LLC subsidiary) will construct and own the Flagler County Florida cable landing station; Starfish will control it. Google corporate chain: Starfish > Sea Coral Holdings LLC > Google LLC > XXVI Holdings Inc. > Alphabet Inc. Application filed September 10, 2025 -- AFTER Flagler Beach easement was approved (October 2024). FCC public notice February 13, 2026 -- license not yet granted as of that date. Building permit issued April 8, 2026 with license status unknown.

Second amendment to Sol cable FCC application, filed January 23, 2026, pursuant to FCC staff request. Filed four months after original application; FCC accepted application for filing three weeks later. Clarifies: Azores is autonomous region of Portugal; Nuvem cable (also Starfish/Google, granted May 21 2025) cited as precedent establishing sufficient alternative facilities on U.S.-Azores route; economic interest is synonymous with equity interest; countries of organization confirmed for all subsidiaries (Starfish=US, Sea Fan=Singapore, Skipjack=Bermuda, Sailfish=Portugal, Cardinal Fish=Spain; Tarpon=US, Sea Grass=Bermuda, Angler Fish=Portugal, Lanternfish=Spain). Ownership diagram provided as Appendix A showing Alphabet > XXVI Holdings > Google LLC > Sea Coral Holdings > Starfish. Updated affiliated foreign carriers list adds Czech Republic, Greece, Maldives.

City-distributed "easy-to-read overview" of the DC Blox / Google Cable Landing Station (CLS), authored by DC Blox and hosted on the City of Palm Coast's own content server (copc-strapi-production.s3.amazonaws.com). Distributed to residents through the city's official newsroom post "City of Palm Coast Shares New Information on Planned Cable Landing Station," dated December 22, 2025 (Communications Director Brittany Kershaw); reprinted by the Palm Coast Observer December 24, 2025. States verbatim that the CLS "is designed to support up to six international subsea cables and will span approximately 100,000 square feet in a two-building, single-story development ... on a 25-acre lot." Also cites a "$100M+ direct investment" and a "future data center." KEY FINDING: the city published and distributed the 100,000-square-foot, two-building scope in December 2025 — the same scope the city publicly called "inaccurate" and "not reflective of the project" on June 20, 2026. The document carries no printed date; operative date is the December 22, 2025 distribution. As of this writing the document remained posted on the city's own server.

Underground Easement (Business) granted to Florida Power and Light Company. Instrument No. 2025048478, recorded December 3, 2025, OR Book 3010 Pages 228-232, Flagler County. Signed November 19, 2025 by Mark Fumia, Manager, 1600 Amphitheatre Parkway, Mountain View CA 94043 — Google headquarters address, confirming Google as the entity granting FPL power access for the DC Blox cable landing station. Parcel map on page 3 confirms: Lot 7B parcel 05-12-31-5855-00000-0071 owned by Tarpon Services LLC (OR Book 2940 Page 1267); Lot 7A parcel 05-12-31-5855-00000-0070 owned by DCB Orchid LLC (OR Book 2823 Page 534). Subdivision called Nonstatutory Subdivision of Project Orchid, OR Book 2874 Page 226. Surveyed by Surveying and Mapping LLC, Jacksonville, November 5, 2025.

City of Palm Coast Community Development Department transmittal letter to the Flagler County Clerk of Circuit Court, dated November 18, 2025, requesting recording of the Application #6381 development order.

City of Palm Coast Technical Site Plan Tier 1 Development Order Approval for Parakeet Gumbo - Town Center Ph 5 Portion of Lot 7, Instrument 2025049376, recorded 12/10/2025, OR Book 3011 Page 1872. States the City issued this Development Order on October 21, 2025. Property Owner: Tarpon Services LLC (2801 Centerville Rd, 1st Floor PMB 160, Wilmington DE). Project No. 2025080038, Application #6381. Parcel 05-12-31-5855-00000-0071, address 1109 Town Center Blvd, 7.05 acres, Site 307,168 sf, zoning MPD/Master Planned Development, FLUM DRI-Urban Core. Site Development Data: Telecommunication Office Bldg, height 32'-3", building square footage 34,823 sf, guard house 52 sf, 2 buildings, 15 standard + 2 accessible parking spaces, 2 bicycle spaces, ISR 43.77%, pervious/open space 56.23%. Order grants the application, requires pre-construction meeting before any construction, requires utility fees/agreements executed prior to site development permit, and states the Development Order satisfies concurrency for transportation, parks & recreation, and fire, limited to Telecommunication Office use, unit amount 34,875. Signed by Kaley Cook (City Clerk) and Phong Nguyen, PTP (Planning Manager). Includes Development Order Affidavit / Owner's Consent and Covenant signed by an authorized signer for Tarpon Services LLC, notarized in Santa Clara County, California by Irina Angelina Semrau on November 4, 2025, naming Mark Fumia as the signer for Tarpon Services LLC.

City of Palm Coast Technical Site Plan Tier 1 Development Order Approval, Parakeet Gumbo, issued October 21, 2025, unrecorded copy. Lists site development data including building square footage 34,823 and guardhouse 52 sq ft.

Parking Flexibility Exhibit, technical site plan 3rd submission, October 7 2025, Jacobs Engineering, engineer of record Mitchell Lee Griffin PE. Requests parking minimum reduction citing 15 to 17 total spaces against an MPD-calculated requirement of approximately 100 spaces, based on limited public access and peak occupancy of 15 staff.

Applicant response letter to 2nd submittal staff comments. Item 1, Planning Project Manager comment, records agreement that the application is considered a Tier 1 TSP by subtracting the MEP yard area, applicant response dated 2025-10-03.

Jacobs civil sheet C-050, existing topographical plan, revision history includes 2025-06-20 and 2025-10-07.

Jacobs civil sheet C-200, site layout plan, revision history includes 2025-06-20 and 2025-10-07.

Jacobs cover letter for the 3rd submission of the Parakeet Gumbo permit application #6381, dated October 7, 2025, signed Ajit Abraham.

City of Palm Coast staff comment letter, 2nd submittal, dated September 29, 2025. Planning Project Manager comment records agreement that the application is considered Tier 1 TSP by subtracting the MEP yard area.

First amendment to Sol cable FCC application, filed September 24, 2025. Administrative corrections to FCC Form 220: contact for execution of lawful requests updated (Question 3.a); geographic coordinates of cable landing stations marked TBD pending construction (Question 18); initial capacity updated to TBD (Question 20d1). Beach joint coordinates at Flagler Beach not yet filed as of this amendment. Signed by Ulises R. Pin, Morgan Lewis. Served on State, Commerce, and Defense.

Sheet C-274, Vehicle Tracking - Fire Apparatus, Gumbo project (1035 Town Center Blvd), Jacobs Engineering, 2nd Submission rev 2.0. Fire apparatus turning/tracking model overlaid on site layout showing access loop, equipment yard, and overhead coiling door with Knox Box. Vehicle model: 47.563 ft overall length, 11.5 ft overall width.

Sheet C-273, Vehicle Tracking - Fire Apparatus, Gumbo project (1035 Town Center Blvd), Jacobs Engineering, 2nd Submission rev 2.0. Companion sheet to C-274 showing fire apparatus tracking path extending to a turnaround near Town Center Blvd, including same fire apparatus model data table.

Sheet E-050, Containment Site Plan Overall, Gumbo project, Jacobs Engineering, VE Issue for Construction rev 2.0, marked CONFIDENTIAL. Electrical site plan showing utility switchgear/metering cabinet (SDC-A), generator pairs (GEN-A1/A2, B1/B2, C1/C2), UPS/MSB switchboards, EV charging stations, and interior room layout including MV switchgear, IT unit rooms 1-16, security/network offices, and guard kiosk panel.

Sheet C-400, Landscaping Plan, Gumbo project, Jacobs Engineering, 2nd Submission rev 2.0. Plant list and planting plan for the site; total of 123 trees required per City of Palm Coast tree criteria. Notes state City of Palm Coast maximum fence height is 6 feet and a variance will be required for the 8-foot security fence; no existing trees within limits of disturbance; client site security guidelines prohibit trees within 20 feet of the site security fence.

Sheet E-051, External Lighting Site Plan Overall, Gumbo project, Jacobs Engineering, VE Issue for Construction rev 2.0, marked CONFIDENTIAL. Exterior lighting fixture layout around building perimeter and parking/access loop, all controlled from a common twilight sensor (fail-safe to on).

Sheet E-804, Electrical Details, Gumbo project, Jacobs Engineering, VE Issue for Construction rev 2.0, marked CONFIDENTIAL. Seven standard electrical detail drawings: outdoor lighting controller with manual override, site lighting fixture mounting height, direct buried conduit detail, light pole base detail, underground handhole serving lighting ground section, concrete encased ductbank, and exterior wall pack light fixture detail.

Jacobs architectural sheet A-300, overall building elevations, revision history includes 2025-06-27 (1st submission) and 2025-09-15 (2nd submission).

Jacobs civil sheet C-051, demolition plan, revision history includes 2025-06-20 and 2025-09-15.

Jacobs civil sheet C-230, grading and stormwater plan, revision history includes 2025-06-20 and 2025-09-15.

Jacobs cover letter for the 2nd submission of the Parakeet Gumbo permit application #6381, dated September 15, 2025, signed Ajit Abraham. Enclosure list includes an Architectural MEP Yard Section described as intended to prove the yard is open and not part of building square footage.

Starfish Infrastructure Inc. application for FCC cable landing license SCL-LIC-20250910-00044, filed September 10, 2025. Application to construct, land, and operate the Sol submarine cable system connecting Florida, Bermuda, the Azores, and Spain. Full ownership chain disclosed: Starfish Infrastructure Inc. > Sea Coral Holdings LLC > Google LLC > XXVI Holdings Inc. > Alphabet Inc. Larry Page 27.1% voting interest; Sergey Brin 25.2% voting interest. Tarpon Services LLC identified as builder and owner of Florida CLS; Starfish as controller. 25-year colocation agreement with DC Blox disclosed. Explicit request for exclusion from Executive Branch review filed. Signed by Nigel Bayliff, Authorized Signatory, September 8, 2025. Counsel: Ulises R. Pin and Leetal Weiss, Morgan Lewis (starfish-legal@google.com). Served on State, Commerce, and Defense September 10, 2025.

SPB Surveying and Mapping boundary/nonstatutory subdivision survey for Project Orchid, dated 9-10-25, showing the Lot 7A/7B split; COPC approved 11/12/2025.

Email from Walker Douglas (Douglas Property & Development) to Ajit Abraham granting Architectural Review Committee approval for 1035 Town Center Blvd, dated August 25, 2025, with attachments including elevations and landscaping plan.

City of Palm Coast staff comments, 1st submittal, August 13 2025, signed by Phong Nguyen, Project Manager, Application #6381. Planning section identifies a combined building plus MEP Equipment Yard plus guardhouse gross floor area of approximately 46,709.5 square feet, exceeding the 40,000 square foot Tier 2 threshold, and directs the applicant to address the MEP equipment yard in detail because it determines whether the application is approved administratively or goes to the Planning Board.

City of Palm Coast staff comment letter, 1st submittal, dated August 13, 2025, RE: Parakeet Gumbo Technical Site Plan Tier 1, Application #6381, signed Phong Nguyen.

City of Palm Coast General Application form for Technical Site Plan Tier 1, dated 08/08/2025, Project Name Parakeet Gumbo, Location 1035 Town Center Blvd, Parcel 05-12-31-5855-00000-0070 (Town Center Phase 5, Lot 7, 34.408 acres), zoned MPD. Description of request: "Proposed Construction of Telecommunications Building and Screened MEP Yard." Owner listed as DCB Orchid LLC (1040 Crown Pointe Pkwy Suite 560, Atlanta GA), contact Mark Fumia, markfumia@google.com. Applicant/Agent: Ajit Abraham (Jacobs). Engineer: Mitch Griffin (Jacobs). Surveyor: Surveying and Mapping LLC. Landscape Architect: Christine Crespo (Jacobs). Signed by Ajit Abraham.

Title opinion letter from Maynard Nexsen PC to City of Palm Coast, July 31 2025, regarding Project Orchid / 1035 Town Center Blvd. Based on Fidelity Title Insurance Owner's Policy search through July 25 2025, opines fee simple record title to Lot 7B (Parcel 2) is vested in Tarpon Services LLC, a Delaware LLC.

City of Palm Coast Property Owner Letter of Authorization form. Property owner listed as Mark Fumia, Parcel 05-12-31-5855-00000-0071, Lot 7B, Street address 1035 Town Center Blvd, Palm Coast FL 32164, authorizing Ajit Abraham to sign on the owner's behalf as agent to submit a Technical Site Plan Submission application. Signed by Mark Fumia (printed name) with an illegible signature. Attached California All-Purpose Acknowledgment (Civil Code Section 1189): notarized by Irina Angelina Semrau, Notary Public, Santa Clara County, California, on July 24, 2025, before whom Mark Fumia personally appeared.

Jacobs traffic report, document #1, revision 1.0, dated July 11, 2025, prepared for the Parakeet Gumbo permit application.

Jacobs cover letter for the original Parakeet Gumbo permit application #6381, dated July 11, 2025, signed Ajit Abraham.

Jacobs architectural sheet A-901, Gumbo Aerial Perspective, view from north, revision 1.0, June 27 2025. Sheet marked CONFIDENTIAL. Shows full building massing, equipment yard layout, and site fencing.

Jacobs architectural sheet A-900, aerial perspective view from south, revision 1.0, June 27 2025. Marked CONFIDENTIAL. Companion rendering to A-901; shows building, equipment yard, and guardhouse from opposite angle, including interior racking visible through a cutaway.

Parakeet-Gumbo Environmental Resource Permit supporting narrative report, Jacobs Engineering, June 26 2025, prepared for SJRWMD. Covers stormwater compliance under the Town Center conceptual permit, Pond22 routing, wetlands/wildlife survey by Zev Cohen referencing both Parcel 7A and 7B, FEMA Zone X status, and dewatering plan.

City of Palm Coast Fire Flow Detail worksheet (Fig. F-1, version date 9/11/24), stamped COPC APPROVED 11/12/2025 / App Req #6381. Building 1: Construction Type II(000), fire area 35,000 sf, required fire flow 4,000 GPM, reduced to 1,000 GPM with 75% fire system reduction. Lists Hydrant #1 fire flow test results of 1,060 GPM at 50 PSI residual.

Geotechnical Engineering Services report, Professional Service Industries Inc. (PSI), Project No. 07573311, dated September 9, 2024, for the proposed Project Orchid 7-acre site at Royal Palms Parkway and Town Center Boulevard.

City of Palm Coast Utility Department Fire Hydrant Flow Test report, hydrant TC-082 (Town Center & Royal Palms), 10-inch main, tested 7/24/2024 at 9:15am by Bill Deitrick and Dusty Holloway. Static pressure 58 PSI, residual pressure 50 PSI, flow during test 1,060 GPM measured at hydrant TC-046. Calculated available flow at 20 PSI residual: 2,459 GPM. Calculation performed by Terry Schweers, 7/25/2024.

Same City of Palm Coast Fire Hydrant Flow Test report as dcb-attach-gumbo-fire-flow-test-report-sheet (hydrant TC-082, tested 7/24/2024, 1,060 GPM at 50 PSI residual), paired with a second page showing a City of Palm Coast GIS utility map screenshot of the Town Center/Royal Palms area marking hydrants HV-082/TC-082 and TC-046 and labeling the Gumbo site location as "SITE" near address 1255.

City of Palm Coast City Council Business Meeting agenda, February 6, 2024. DUAL INVESTIGATION DOCUMENT. For DC Blox: Item 5 (Ordinance 2024-XX, second read) amends the Town Center PUD Development Agreement to explicitly Allow Data Centers as a permitted use in Town Service and Town Business areas — the specific provision that enabled DC Blox/Project Orchid. Presenter: Jose Papa, AICP, Senior Planner. PLDRB approved unanimously October 18, 2023 with zero public comment. Not discussed openly at council. For Westward Expansion: Item 8 approves a $25M FDOT grant agreement (#453214-1-54-01) for Matanzas Woods Parkway Extension West Phase Two — the loop road Rayonier/Raydient was legally obligated to build under the 2010 Neoga Lakes DRI. Item 9 approves an FPL deposit for transmission line relocation for the same road. On a single agenda: council quietly approved data centers for Google and accepted $25M in public money for a road a private developer owed.

2nd Amended and Restated Town Center DRI Development Order (2024). Approved by Resolution 2024-04, January 16, 2024. Recorded June 5, 2024. Instrument 2024023350. OR Book 2874 Page 1215. 80 pages. Contains Section 6(a) water capacity prohibition, Section 7(a) sewer capacity prohibition, and Section 10(b) vesting of all entitlements for water and sewer concurrency. Source: original filename Town-Center-DRI-DO-2nd-Amended-and-Restated.pdf, downloaded from Palm Coast government ZIP archive June 2026.

Video clip of Palm Coast City Council meeting, February 6, 2024 — Item 5 deliberations. Council votes on second reading of Ordinance 2024-XX, the amendment to the Town Center PUD Development Agreement that added data centers as a permitted use in Town Service and Town Business areas. Presenter: Jose Papa, AICP, Senior Planner. PLDRB had approved unanimously October 18, 2023 with zero public comment. Neither the PLDRB hearing nor either council reading produced public discussion of the data center provision. This clip covers the Item 5 deliberations. Same agenda night as Items 8 and 9 approving $25M FDOT grant for Matanzas Woods Parkway Extension — the loop road a private developer was contractually obligated to build.

Environmental Assessment for Project Orchid (ZC 23151), prepared by Zev Cohen & Associates Inc. (Mallory Tatum, lead) for Michael Baker International (Gregory Kern), dated August 21, 2023. Covers a ~34.5-acre site south of Royal Palms Pkwy, west of Town Center Blvd. Finds 5.17 acres of wetlands and 5.13 acres of surface waters, both previously placed under Regulatory Conservation Easement and not impacted by the proposed development. 15% gopher tortoise survey conducted August 1, 2023 found no burrows; a 100% survey is required within 90 days of construction. Lists protected species with low/moderate likelihood of occurrence (Florida scrub-jay, wading birds, gopher tortoise, wood stork, bald eagle) and concludes no federally or state-listed species observed on site. Includes IPaC resource list and FNAI Biodiversity Matrix query results as appendices.

Town Center at Palm Coast 2022 First Amended and Restated Development of Regional Impact Development Order. Instrument No. 2022039793, recorded August 3, 2022, OR Book 2711 Pages 1810-1889. Effective date July 5, 2022. Approved by Resolution 2022-76, June 21, 2022. Parties: Florida Landmark Communities Inc., Palm Coast Holdings Inc., and City of Palm Coast. Signed by Mayor David Alfin and City Manager Denise Bevan. Notarized by Kaley Cook. Adds 550 residential units to Tracts 16 and 17; raises residential entitlements from 2,500 to 2,750 units; reduces non-retail commercial from 1,400,000 to 1,195,000 sq ft; increases nursing home from 240 to 485 beds. DRI termination date April 12, 2036. Attorney of record: Michael D. Chiumento III, Chiumento Law. Contains 80 pages including Exhibits A through I.

City of Palm Coast PLDRB agenda May 18 2022. Town Center DRI amendment items heard simultaneously: Application #5059 Old Kings Road Multifamily rezoning 12.07 acres OFC-2 to MFR-2; Application #5065 Crest Town Center Multifamily Master Site Plan 250 units Brookhaven Drive; Application #5080 Town Center Tracts 16 and 17 FLUM Amendment Conservation to DRI Urban-Core; Resolution 2022-XX Amendment to Town Center DRI Development Order Application #4437; Amendment to Town Center MPD-Development Agreement Application #4438. KEY EDITORIAL FINDING: Staff report for Application #5065 states the project will not pose a liability or hardship for the City as Town Center was designed with all required infrastructure necessary for built-out -- directly contradicts city attorney Blocher position in November 2025 motion to dismiss in Palm Coast Holdings v. City of Palm Coast arguing no contractual guarantee of physical utility capacity exists. DRI-DO staff analysis cites Comp Plan Policy 1.3.1.3: adopted Development Order requires analysis to ensure facilities to serve any proposed development are adequate. PLDRB recommendation stage only -- adopted Resolution 2022-XX City Council is next target. Presenter Jose Papa Senior Planner AICP.

PLDRB minutes, May 18 2022 — Town Center DRI amendment (broader DRI amendment heard by the board). City Manager Denise Bevan had signed the Crest Town Center minor modification 10 days earlier, on May 2 2022, without board review.

Town Center DRI Minor Modification — Crest Town Center. City Manager Denise Bevan alone, no Council vote, no PLDRB review, no public notice. Converts 205,000 sq ft commercial to 250 residential units. Chiumento letter Apr 28 2022 serves as the sole utility basis, with no independent utility department analysis. OR Book 2686 Page 1790, Inst 2022024875, approved May 2 2022.

City of Palm Coast Technical Site Plan Application Submittal Checklist, form dated March 3 2021 (revised 6/28/21), stamped COPC APPROVED 11/12/2025 / App Req #6381. Full 246-line item checklist covering application form, corporate identity, title opinion, survey, construction/site plan, grading/drainage/erosion control, utility plans, landscape/irrigation plans, lighting plan, architectural plans, signage, recreation, stormwater, environmental and cultural resource reports, traffic, and building services/fire requirements.

City of Palm Coast Land Development Code — Section VIII: Planning-Related Processes, Applications, Checklists, Flowcharts, Forms, and Maps. 173 pages. The operative section governing development review thresholds, including the administrative review pathway available to projects under 40,000 square feet and the PLDRB public review requirement for projects between 40,000 and 99,999 square feet. The review-tier structure at the center of the DC Blox threshold maneuver is codified here.

Town Center PUD Minor Modification — 2016. Signed by Ray Tyner as Land Use Administrator. Lists the full chain of 6 prior PUD minor modifications since 2003. OR Book 2116 Page 260, Inst 2016007291, March 9 2016.

Town Center DRI Biennial Notice — 2011. OR Book 1847 Page 1486, Inst 2011035606, Dec 28 2011. 2 pages; OCR text layer applied (original scan was sideways).

Resolution 2008-89, Three Year Extension to Town Center at Palm Coast Development of Regional Impact. Instrument No. 2008017111, recorded June 4, 2008, OR Book 1664 Page 1882, 2 pages. Adopted May 20, 2008. Mayor Jon Netts. CRITICAL PROVENANCE FINDING: The Whereas clause identifies the original Town Center DRI Development Order as having been approved July 11, 2003 and recorded at OR Book 959, Page 1509 — this is the location of the actual DRI Development Order containing the no-building-permit-without-sufficient-capacity language cited by city attorney Blocher in November 2025 motion to dismiss. A Chapter 119 request to the Flagler Clerk for that instrument is pending. This resolution is purely ministerial — it acknowledges the automatic 3-year extension to the DRI under the 2007 legislative amendment to Section 380.06(19)(c), Florida Statutes, applicable to projects under active construction as of July 1, 2007. It makes no substantive change to the DRI Development Order.

Notice of Establishment of the Town Center at Palm Coast Community Development District. Instrument 2004006382, OR Book 1039 Page 1957, recorded February 9 2004. District established November 12, 2003. Return address: Michael D. Chiumento III, Chiumento & Associates P.A. — Chiumento himself is listed as a witness on the instrument. The file footer on the original document reads F:\Michael\Florida Landmark\Town Center\CDD Notice of Est.wpd — his own machine, his own client. Establishes Chiumento's continuous Town Center relationship from the founding of the district forward.

Town Center PUD Ordinance 2003-32 and PUD Development Agreement. Instrument No. 2003071128, recorded December 30, 2003, OR Book 1025 Page 1405, 68 pages, Flagler County Official Records. Adopted by Palm Coast City Council December 16, 2003. Mayor James V. Canfield. FOUNDING DOCUMENT establishing Town Center PUD zoning for 1,557 acres, rezoning from Agricultural, C-2, and Future Development District to Planned Unit Development. Contains the full PUD Development Agreement as Attachment A (pages 3-56). CRITICAL EDITORIAL FINDINGS: (1) Original entitlement table at Section 4: 2,500 residential units, 1,400,000 sq ft office, 2,000,000 sq ft retail commercial, 1,400,000 sq ft non-retail commercial, 625,000 sq ft institutional, 2,400 seats movie theater, 480 lodging rooms, 240 nursing home beds; (2) Section 12.0 establishes the minor modification authority: minor modifications may be approved by the City Manager or designee WITHOUT City Council vote or PLDRB recommendation -- this is the legal authority under which the 2022 minor modification (Instrument 2022024875) was approved by City Manager Denise Bevan alone; (3) Section 10.0 Services states all utilities were addressed in the DRI Development Order -- meaning utility capacity commitments flow from the DRI DO, not the PUD; (4) Maximum building height in Town Core Areas (Urban Core and Urban Center) is 80 feet per Section 6.4 Table; (5) The DRI Development Order referenced throughout is a SEPARATE document approved July 1, 2003 -- not yet in library; (6) Signed by William I. Livingston, President of Florida Landmark Communities Inc., December 5, 2003; (7) Exhibits include Master Development Plan (C1), Tract Map (C2), sidewalk/pathway plans (D1, D2, D3, D4), typical roadway sections (E), and public land parcel map (F).

Town Center at Palm Coast Development of Regional Impact Development Order — the founding 2003 order. Instrument 2003039803, OR Book 959 Page 1509, recorded July 23 2003. Contains two independent capacity prohibitions (Section 6(a) water supply; Section 7(a) wastewater) each forbidding building permits for any subsequent phase until sufficient capacity exists. Section 11(h) requires each biennial monitoring report to include a letter from the utility service provider — not the developer's attorney — demonstrating sufficient capacity. Signed by City Manager Richard M. Kelton and Vice Mayor Jon Netts acting for Mayor Canfield. Developer: Florida Landmark Communities, Inc. (William I. Livingston, President). 76 pages including all exhibits.

Stormwater Pollution Prevention Plan certification statements and maintenance inspection report form, Jacobs Engineering, sheet 06, engineer of record Mitchell Lee Griffin PE. Sheet template carries City of Key West / Fogarty Ave project title block, reused for the Gumbo site; contains unsigned certification blanks and the weekly/post-storm inspection log format.

Applicant response letter to 1st submittal staff comments (Architectural Review section shown), dated responses beginning 2025-08-26, addressing exterior finish and other architectural review items ahead of the 2nd submission.

Jacobs architectural sheet A-331, overall building sections showing the MEP yard.

Jacobs civil sheet C-000, cover sheet for the Technical Site Plan Application civil set.

Jacobs civil sheet C-001, legend, general notes, and abbreviations for the civil set.

Jacobs civil sheet C-002, general notes for the civil set.

Jacobs civil sheet C-231, grading and stormwater plan (headwall and grading design detail).

Jacobs civil sheet C-232, drainage profiles.

Jacobs civil sheet C-240, overall utilities plan.

Jacobs civil sheet C-241, fire water mainline profile.

Jacobs civil sheet C-242, water main profile.

Jacobs civil sheet C-243, SV telecom line profiles, north and south.

Jacobs civil sheet C-244, TV telecom profiles, north, south, and connector.

Jacobs civil sheet C-245, sanitary sewer profiles.

Jacobs civil sheet C-260, typical construction details (curb, bollards, signage, parking layout, pavement sections).

Jacobs civil sheet C-261, typical construction details (site signage, sanitary manhole and cleanout details, pavement markings).

Jacobs civil sheet C-262, typical construction details (gate valve, fire hydrant assembly, water service connections).

Jacobs civil sheet C-263, typical construction details (conflict resolution, storm drainage structures, FDOT endwall detail).

Jacobs civil sheet C-264, typical construction details (security fence, cantilever gate, bike rack, reclaimed water sign).

Jacobs civil sheet C-270, vehicle tracking exhibit.

Jacobs civil sheet C-271, vehicle tracking exhibit.

Jacobs civil sheet C-272, vehicle tracking exhibit.

Jacobs civil sheet C-300, erosion and sedimentation control plan, pre-grading.

Jacobs civil sheet C-301, erosion and sedimentation control plan, during grading.

Jacobs civil sheet C-302, erosion and sedimentation control plan, after grading.

Jacobs civil sheet C-303, erosion and sedimentation control notes and details, including construction sequencing and inspection report form.

Order Granting Motion to Dismiss in Part as to Private Plaintiffs. Signed February 27, 2026 by Circuit Judge Angela C. Dempsey. Finds 1000 Friends of Florida lacks organizational standing. One count survives.

Order Granting Defendants' Motion to Dismiss the Public Plaintiffs' Amended Complaint in Part. Signed February 27, 2026 by Circuit Judge Angela C. Dempsey. Four of five counts dismissed with prejudice. Only Count 4, the unfunded mandate claim, survives. Florida Home Builders Association intervened as Intervenor-Defendants.

Florida Home Builders Association and Alton Lister — Unopposed Motion to Intervene as Defendants, filed December 16, 2025. References the Flagler County Palm Coast Homebuilders Association suit against Palm Coast (Case No. 2025 CA 000621) challenging Palm Coast impact fee increases under SB 180.

Order Granting Unopposed Motion to Intervene of Florida Home Builders Association and Alton Lister. Signed December 16, 2025 by Circuit Judge Angela C. Dempsey. HBA becomes Intervenor-Defendant in both consolidated cases, joining the state on the defense side.

Defendants' Motion to Dismiss the Private Plaintiffs' Complaint, filed December 12, 2025. Argues 1000 Friends of Florida and Rachel Hildebrand lack standing — no concrete injury from Sections 18 and 28. Led to the February 27, 2026 standing ruling against 1000 Friends.

City of Destin et al. v. Kelly et al., Case No. 2025 CA 001876. Amended complaint filed October 31, 2025. Expands plaintiff list to 28 local governments.

City of Destin et al. v. Kelly et al., Case No. 2025 CA 001876, Second Judicial Circuit, Leon County. Original complaint filed September 29, 2025 by Weiss Serota Helfman Cole & Bierman on behalf of 25 Florida municipalities and counties challenging the constitutionality of Senate Bill 180.

Balloon mortgage 4285000, April 28 2023, recorded June 6 2023. Borrower: Hammock Real Estate Development LLC, sole member Alexander Ustilovsky NY. Lender: Loan Trust LLC ISAOA/ATIMA Great Neck NY. Encumbers 100 Green Circle Parcel 19-11-31-0330-00000-00A1 and 25 American Village lots. Section 56.3 borrower warrants utility/sewer capacity available.

https://palmcoaststorylines.com/storylines/other-investigations/stories/did-he-lie.php At the February 10, 2026 meeting of the Flagler County Planning and Development Board, attorney Michael D. Chiumento III presents what he describes as the City of Palm Coast utility review of the proposed 502-home Seminole Woods Mixed Use PUD. He tells the board: "The city utility department reviewed the application and the PUD and determined that there was sufficient capacity in their plan to serve it. So we don't have any issues of water, sewer, or reuse in the area." The board voted 6-0 to recommend approval. A public records request later produced the document shown to the board. It is a service availability letter. The word capacity does not appear in it. Source: Flagler County official meeting recording.

https://palmcoaststorylines.com/storylines/other-investigations/stories/did-he-lie.php At the December 9, 2025 meeting of the Flagler County Planning and Development Board, a board member asks directly whether the City of Palm Coast has capacity for water and sewer to serve the proposed 502-home Seminole Woods Mixed Use PUD. The county planner confirms the applicant has provided the capacity letter. The board member asks: "Capacity meaning the city of Palm Coast does have the capacity for water and sewer?" The planner says: "Correct." The board considered the water question resolved. Source: Flagler County official meeting recording.

City of Palm Coast City Council Workshop, August 12, 2025. City utility staff presents wastewater capacity figures to the full council on camera. Key statements: (1) 13,381 units in the pipeline assigned to Plant 1 require 2.4 million gallons per day of additional capacity; (2) Vice Mayor Pontieri asks how many units the plant can currently support — staff cannot answer: 'We'll have to get back with you on that'; (3) Staff clarifies mid-presentation: 'We do not reserve capacity in the utility system.' Staff also warns that DEP can refuse to activate a developer's system at the end of construction if the plant has reached capacity in the interim. Transcript in repo at transcripts/clip2-src.srt. Video clip: Clip A 42:55-43:25 (2.4 MGD), Clip B 51:35-51:55 (money question), Clip C 55:19-55:47 (no reserve — PRIORITY).

City of Palm Coast City Council Workshop, August 12, 2025. City utility staff presents wastewater capacity figures to the full council on camera. Key statements: (1) 13,381 units in the pipeline assigned to Plant 1 require 2.4 million gallons per day of additional capacity; (2) Vice Mayor Pontieri asks how many units the plant can currently support — staff cannot answer: 'We'll have to get back with you on that'; (3) Staff clarifies mid-presentation: 'We do not reserve capacity in the utility system.' Staff also warns that DEP can refuse to activate a developer's system at the end of construction if the plant has reached capacity in the interim. Transcript in repo at transcripts/clip2-src.srt. Video clip: Clip A 42:55-43:25 (2.4 MGD), Clip B 51:35-51:55 (money question), Clip C 55:19-55:47 (no reserve — PRIORITY).

https://palmcoaststorylines.com/storylines/other-investigations/stories/did-he-lie.php At the February 10, 2026 meeting of the Flagler County Planning and Development Board, attorney Michael D. Chiumento III presents what he describes as the City of Palm Coast utility review of the proposed 502-home Seminole Woods Mixed Use PUD. He tells the board: "The city utility department reviewed the application and the PUD and determined that there was sufficient capacity in their plan to serve it. So we don't have any issues of water, sewer, or reuse in the area." The board voted 6-0 to recommend approval. A public records request later produced the document shown to the board. It is a service availability letter. The word capacity does not appear in it. Source: Flagler County official meeting recording.

https://palmcoaststorylines.com/storylines/other-investigations/stories/did-he-lie.php At the December 9, 2025 meeting of the Flagler County Planning and Development Board, a board member asks directly whether the City of Palm Coast has capacity for water and sewer to serve the proposed 502-home Seminole Woods Mixed Use PUD. The county planner confirms the applicant has provided the capacity letter. The board member asks: "Capacity meaning the city of Palm Coast does have the capacity for water and sewer?" The planner says: "Correct." The board considered the water question resolved. Source: Flagler County official meeting recording.

https://palmcoaststorylines.com/storylines/other-investigations/stories/did-he-lie.php At the February 10, 2026 meeting of the Flagler County Planning and Development Board, attorney Michael D. Chiumento III presents what he describes as the City of Palm Coast utility review of the proposed 502-home Seminole Woods Mixed Use PUD. He tells the board: "The city utility department reviewed the application and the PUD and determined that there was sufficient capacity in their plan to serve it. So we don't have any issues of water, sewer, or reuse in the area." The board voted 6-0 to recommend approval. A public records request later produced the document shown to the board. It is a service availability letter. The word capacity does not appear in it. Source: Flagler County official meeting recording.

https://palmcoaststorylines.com/storylines/other-investigations/stories/did-he-lie.php At the December 9, 2025 meeting of the Flagler County Planning and Development Board, a board member asks directly whether the City of Palm Coast has capacity for water and sewer to serve the proposed 502-home Seminole Woods Mixed Use PUD. The county planner confirms the applicant has provided the capacity letter. The board member asks: "Capacity meaning the city of Palm Coast does have the capacity for water and sewer?" The planner says: "Correct." The board considered the water question resolved. Source: Flagler County official meeting recording.

https://palmcoaststorylines.com/storylines/other-investigations/stories/did-he-lie.php At the February 10, 2026 meeting of the Flagler County Planning and Development Board, attorney Michael D. Chiumento III presents what he describes as the City of Palm Coast utility review of the proposed 502-home Seminole Woods Mixed Use PUD. He tells the board: "The city utility department reviewed the application and the PUD and determined that there was sufficient capacity in their plan to serve it. So we don't have any issues of water, sewer, or reuse in the area." The board voted 6-0 to recommend approval. A public records request later produced the document shown to the board. It is a service availability letter. The word capacity does not appear in it. Source: Flagler County official meeting recording.

https://palmcoaststorylines.com/storylines/other-investigations/stories/did-he-lie.php At the December 9, 2025 meeting of the Flagler County Planning and Development Board, a board member asks directly whether the City of Palm Coast has capacity for water and sewer to serve the proposed 502-home Seminole Woods Mixed Use PUD. The county planner confirms the applicant has provided the capacity letter. The board member asks: "Capacity meaning the city of Palm Coast does have the capacity for water and sewer?" The planner says: "Correct." The board considered the water question resolved. Source: Flagler County official meeting recording.

https://palmcoaststorylines.com/storylines/other-investigations/stories/did-he-lie.php At the February 10, 2026 meeting of the Flagler County Planning and Development Board, attorney Michael D. Chiumento III presents what he describes as the City of Palm Coast utility review of the proposed 502-home Seminole Woods Mixed Use PUD. He tells the board: "The city utility department reviewed the application and the PUD and determined that there was sufficient capacity in their plan to serve it. So we don't have any issues of water, sewer, or reuse in the area." The board voted 6-0 to recommend approval. A public records request later produced the document shown to the board. It is a service availability letter. The word capacity does not appear in it. Source: Flagler County official meeting recording.

https://palmcoaststorylines.com/storylines/other-investigations/stories/did-he-lie.php At the December 9, 2025 meeting of the Flagler County Planning and Development Board, a board member asks directly whether the City of Palm Coast has capacity for water and sewer to serve the proposed 502-home Seminole Woods Mixed Use PUD. The county planner confirms the applicant has provided the capacity letter. The board member asks: "Capacity meaning the city of Palm Coast does have the capacity for water and sewer?" The planner says: "Correct." The board considered the water question resolved. Source: Flagler County official meeting recording.

https://palmcoaststorylines.com/storylines/other-investigations/stories/did-he-lie.php At the February 10, 2026 meeting of the Flagler County Planning and Development Board, attorney Michael D. Chiumento III presents what he describes as the City of Palm Coast utility review of the proposed 502-home Seminole Woods Mixed Use PUD. He tells the board: "The city utility department reviewed the application and the PUD and determined that there was sufficient capacity in their plan to serve it. So we don't have any issues of water, sewer, or reuse in the area." The board voted 6-0 to recommend approval. A public records request later produced the document shown to the board. It is a service availability letter. The word capacity does not appear in it. Source: Flagler County official meeting recording.

https://palmcoaststorylines.com/storylines/other-investigations/stories/did-he-lie.php At the December 9, 2025 meeting of the Flagler County Planning and Development Board, a board member asks directly whether the City of Palm Coast has capacity for water and sewer to serve the proposed 502-home Seminole Woods Mixed Use PUD. The county planner confirms the applicant has provided the capacity letter. The board member asks: "Capacity meaning the city of Palm Coast does have the capacity for water and sewer?" The planner says: "Correct." The board considered the water question resolved. Source: Flagler County official meeting recording.

https://palmcoaststorylines.com/storylines/other-investigations/stories/did-he-lie.php At the February 10, 2026 meeting of the Flagler County Planning and Development Board, attorney Michael D. Chiumento III presents what he describes as the City of Palm Coast utility review of the proposed 502-home Seminole Woods Mixed Use PUD. He tells the board: "The city utility department reviewed the application and the PUD and determined that there was sufficient capacity in their plan to serve it. So we don't have any issues of water, sewer, or reuse in the area." The board voted 6-0 to recommend approval. A public records request later produced the document shown to the board. It is a service availability letter. The word capacity does not appear in it. Source: Flagler County official meeting recording.

City of Palm Coast Land Development Code — Section VIII: Planning-Related Processes, Applications, Checklists, Flowcharts, Forms, and Maps. 173 pages. The operative section governing development review thresholds, including the administrative review pathway available to projects under 40,000 square feet and the PLDRB public review requirement for projects between 40,000 and 99,999 square feet. The review-tier structure at the center of the DC Blox threshold maneuver is codified here.