Cancelled / P&Z meeting #4 on Ocean. Breeze Extension

The P&Z meeting on 4/9 has been cancelled but it has not been determined if the city  will continue with their loophole position on the expiration date of 4/12/15.  While the public comments  have focused on the county traffic dept. approving an  extension to only 12/31/15 the city traffic engineers have issued a scathing report with 8 significant concerns, including the requirement for a double left turn lane on NW 2nd Ave. for westbound traffic on Jeffrey St./Clint Moore Rd.   Is this a precursor to a 4-lane widening of NW 2nd Ave. through the boca teeca community?

Ocean Breeze/Boca Teeca Update

There has been a lot going on recently with the pending expiration on 4/12/15 of the development approvals from 12/11/07 on the Boca Teeca/Ocean Breeze golf course property.  A few months ago local development attorney Mitch Kirschner submitted yet another extension request on the development approvals and he appears to be getting a favorable greeting from the city leaders who appear to be bending the rules in order to approve this request for an 18 month extension.  On 4/9/15 there will be a 4th hearing at the P&Z board for considering this request which was not heard during the past 3 meetings due to "traffic issues". DUH - of course there are traffic issues as the 2-lane NW 2nd avenue area is already so congested that adding more traffic is a health and safety hazard for the residential community in this area.

Last week also marked the 5th anniversary of the foreclosure that was filed by Wells Fargo bank on the original developer, MCZ Centrum Flordia V Owner, LLC.  The bank had loaned $7 million for the purchase of the property (essentially a 100% loan/zero equity by the developer).  As the developer took a few year to negotiate "financial incentives" with nearby condo commandos the loan came due and there were extensions of the loan granted after the principals of MCZ Centrum personally guaranteed the loan.  The recent loan balance has grown to almost $14 million based upon foreclosure documents.

The environmental issues are still being managed after the FL Dept of Environmental Protection (FDEP) has required continued monitoring of the ground water in multiple areas near the current maintenance facility.  This area was approved for residential development in 2007 by the city of Boca Raton without requiring any environmental testing of the soil or groundwater.  Subsequently the EPA & FDEP tested the soil and the water on the area near the maintenance facility which resulted in a report that stated that the property was not suitable for residential nor industrial use due to the contaminants on the property.  The most recent report on the property was during the 4th quarter of 2014 and there was still arsenic levels in the ground water that was over 2000% of the allowed parts per billion (ppb) allowed by the EPA.  Arsenic is a hazardous chemical that has been determined to be a cause of cancer so the EPA closely regulates the allowed ppm for safety of the citizens.

Meanwhile, the receiver continues to operate the golf course with over 70,000 golfers using the only 27 hole championship level facility within the city limits of Boca Raton.  Considering the city paid over $7 million for 2.25 acres of land known as the Wildflower property for an undetermined use, may the city should consider buying the golf course of over 200 acres which is expected to be a much larger draw to the city than another restaurant/proposed for the 2.25 acre site.

Foreclosure Update - 2 years and counting....

It has been over 2 years since Wachovia Bank (now Wells Fargo Bank) filed the civil lawsuit against the owners of the Ocean Breeze country Club property. The last item on the court docket was in January which was 9/30/11 accounting report by the receiver. Why hasn't the bank been more active in filing motions to move this foreclosure along?

The receiver, an affiliate of the Arnold Palmer golf management company reported that over 47,000 rounds of golf were played during the first 9 months of 2011. This is very impressive considering that they did not takeover until mid-January and the owners had let the course condition deteriorate significantly during their financial decline.

The course has improved significantly since the Arnold Palmer group has taken control, but the fairways still need a lot of work and the clubhouse needs to renovated or completely rebuilt. It appears that the receiver is maintaining the course sufficiently to attract 300-350 players "per day" during the season, but these numbers would be expected to decline by approx. 50% during the off-season soon approaching.

Ocean Breeze Golf Course Update - Over 47,000 Rounds in 9 Months

According to the court appointed receivers 9 month report there were 47,461 rounds of golf played during the first 9 months at the Ocean Breeze golf course. This golf course is the only championship level public golf course located within the city limits of Boca Raton.

This 27-hole golf course property & hotel has been in foreclosure by Wachovia/Wells Fargo bank since March 2010 as a result of MCZ Centrum failing to make payments on their $7 million mortgage and failing to pay real estate property taxes for over 2 years. There have been no recent filings on the foreclosure by Wells Fargo (acquired Wachovia) so they appear content to allow Arnold Palmer golf management company to continue operating this property as the appointed receiver since Jan. 2011.

Arnold Palmer golf management company was the first professional golf course manager in this property's over 40 year history and they have done a great job in only 1 year in rehabilitating the quality of the golf course. This golf course was operated as a private country club for the first 35+ years and only become open to the public in recent years. As shown by the over 47,000 rounds of golf played in only 9 months this is a valuable recreation resource to the Boca Raton community.

What is the future of this property after the foreclsoure? Is Wells Fargo willing to accept a short-sale offer to a buyer who is interested in preserving this community recreational amenity?

Environmental Update/Ocean Breeze-Boca Teeca

The environmental report requested by the FL DEP has been filed with the West Palm Beach office of the DEP as of early Dec. - This entire report is available online via the DEP's OCCULUS system.

While there was some significant discrepancies between the EPA/DEP testing results and the environmental firm hired by the property manager, the primary recommendation by the last report is for a deed restriction on the property area containing the golf course maintenance so that it is not developed nor used for any other purpose.

The DEP staff member has yet to review the latest report for the official DEP recommendations, but it would appear that with this recommendation by the environmental firm hired by the property manager to restrict other uses of the land, then it is unlikely that there will be any development of this specific site without significant remediation of the dirt in this area.

Meanwhile, the golf course continues to be a success under the management of the Arnold Palmer group that has been operating the Ocean Breeze Country Club since a receiver was approved in Jan. 2011. The property is still in foreclosure and it appears that the bank, Wells Fargo, is in no hurry to complete the foreclosure since they have not filed any new documents in several months with the county to complete the foreclosure process - started approx. March 2009

Boca Teeca Golf Course Foreclosure Update

The owner of the property, MCZ Centrum and the loan guarantors have retained new legal counsel in the foreclosure case by Wells Fargo bank (formerly Wachovia bank). The receiver continues to operate the property under the management of their affiliated company, Arnold Palmer Golf Course Management Co.

The golf course (d/b/a Ocean Breeze Country Club) is open daily to the public and remains the only championship level golf course within the city that is open to the public. The condition of the golf course has improved steadily since the receiver took control in February 2011 and the number of golf patrons appears to be at the highest level in many years as a result of the improved conditions and the promotional rates. Area golfers should call the golf course to make a tee time and to learn about the current promotional rates: 561-994-0400

The environmental consulting firm retained by the receiver has conducted testing on the portion of the golf course that was determined to be incompatible for residential or industrial use according to the EPA & FL DEP report issued in August 2010. The FL DEP is awaiting the analysis by the private environmental consulting firm in order to determine the size of the impacted area and the possible solution to cleaning-up this problem. It should be noted that there are several area golf courses that have had similar environmental problems that have been monitored for several years, but these other golf courses retained their use and was not proposed for other development uses. Adjacent property owners are obviously concerned that the hazardous chemicals may have migrated to their property or ground water and are of course watching this issue closely.

Boca Teeca Environmental Cleanup Update

On June 14th Environmental Assessments & Consultants, Inc. was granted an extension until Nov. 30th to provide a site assessment on the environmental cleanup at the Ocean Breeze golf course. Florida DEP staff have indicated that the environmental testing was scheduled to begin on June 29th. Based upon these test results the testing will continue with the water monitoring in the area near the maintenance facility on the South golf course.

The correspondence with the FL DEP indicates that "the property owner (MCZ Centrum) has not been directly involved for some time and the property has been placed in receivership."

The property continues to be open for business as the Ocean Breeze Country Club and remains the only championship level golf course within the city that is open to the public. The receiver is affiliated with The Arnold Palmer Golf Course Management Co. and is operating the golf course under this management company. The foreclosure is still pending with recent court documents indicating that the owners and their principals have retained a new legal representative for their defense. Several MCZ Centrum developments in Florida are also in foreclosure with the recent foreclosure completion of a Boynton Beach property that was never developed.

Update of the Boca Teeca/Ocean Breeze Proposed Golf Course Conversion-Development of >200 Townhouses

Dear Boca Raton Neighbors,

The approved development of over 200 townhouses on the South portion of the Ocean Breeze golf course has received an extension of the original conditional use deadline of 4/12/11. According to city records Mr. Jeff Evans requested this extension in Sept. 2010 under a new State law that provided for automatic extension of 2 years for such a development so this development is pending until at least 4/12/13 as confirmed by correspondence from the city to & from Mr. Evans.

Why didn't the owner of the property, MCZ Centrum, request this extension?

Is Mr. Evans acting legally upon the request of the property owner, or is there some other legal right that he has to request this extension?

Tthe property remains in foreclosure and is operating as the only 27-hole championship level golf course within the city limits of Boca Raton that is open to the public. The foreclosure precess started in March 2010 and the current receiver was appointed in Jan. 2010 after large tax liens were placed on the property. It is estimated that the tax liens now exceed $650,000 based upon non-payment of property taxes to PBC, sales taxes to PBC & sales taxes to the State of FL. If the 2010 property taxes are not paid then the tax liens would be approaching $1 million.

Additionally, the Florida Dept. of Environmental Protection (DEP) has action pending versus the property owner for cleaning up the hazardous levels of arsenic and other toxic chemicals found on the property by the EPA & DEP in Jan. 2010. It is our understanding that the property owner has until July to respond to the DEP with their own environmental assessment and their proposed plan to cleanup the property.

Neighboring property owners are interested parties since the DEP report indicated that the source of the contamination found on at least one adjacent property was due to the activity on the golf course property. What are the costs of this cleanup on residential property and how much is the legal liability to the resdiential property owner(s)?

Best Golf Deal in South Florida - Ocean Breeze Country Club

All-Inclusive Golf Promotion:
* Unlimited Golf/27 Chamionship Holes
* Breakfast Buffet
* Lunch Buffet + 1 Free Draft Beer
* $32 / FL Resident Seniors (Age 60+)
* $39 / FL Residents (Under Age 60)
* $45 / Non-FL Residents

Twilight Golf Special - after 1pm daily

$19- Includes Golf and 2 Draft Beers

FL Resident Rate ($24/non-FL residents)

Tee Times - 561-994-0400 ext.241
(up to 7 days in advance)

This promotional deal will not last forever "at these rates", so take advantage of this offer while it lasts. Help keep public accessible golf in the city of Boca Raton by supporting the only championship level golf course within the city - Ocean Breeze Country Club - (5800 NW 2nd Ave./North of Yamato Road).

Arnold Palmer Golf Management affilate takes control of Boca Teeca Golf Course

The new management of the Ocean Breeze Country Club has been very busy since being appointed as receiver of property which remains in foreclosure by Wells Fargo bank. The receiver is an affiliate of the Arnold Palmer golf management organization which owns or manages over 40 golf courses throughout the U.S., including the famous PGA Resort in Palm Beach Gardens and the Weston Hills Country Club.

The receiver's affiliate corp web site indicate the company owns private clubs and golf courses that it acquired in partnership with Walton Street Capital and other investment partners. It also manages additional clubs and golf courses for third party owners. Century Golf Partners, d/b/a Arnold Palmer Golf Management, is focused on driving revenue, increasing market share and profitability by building member and guest retention, loyalty and referrals. Century’s portfolio of owned and managed golf courses is expected to generate more than $250 million in total revenues during 2010.

Century Golf Partners employs several thousand highly dedicated people who are committed to superior management of all facets of club and golf facility operations including: member acquisition and retention, revenue generation, yield management, expense control, agronomy, food and beverage and tournament sales, clubhouse operations, capital improvements, accounting and technology systems. The team has pioneered industry leading revenue-generation and yield management programs and is an acknowledged industry expert in private club membership programs and golf revenue concepts. At a time when many are focused solely on cost containment, Century Golf Partners is successfully driving revenue growth through aggressive capacity utilization.

The current owner remains in foreclosure and it appears that a judgement against the business operation for over $76,000 in December for sales tax which was expected to be a contributing factor in the need to appoint a receiver. It is our understanding that the operating manager on property under the MCZ Centrum LLC ownership, Dennis Taback, has been relieved of his position and a new general manager should be in place by Feb 1st.

We look forward to learning of the improvements planned for the property under this acclaimed Arnold Palmer Golf Management company.

Receiver Appointed for Ocean Breeze Golf Club in Boca Teeca

The court overseeing the foreclosure proceeding of the Ocean Breeze Golf Club property in Boca Raton has agreed to appoint a receiver of the property while the foreclosure proceeds through the legal process. While MCZ Centrum's LLC remains the owner of the property, the receiver will be responsible for the management of the property in order to protect the value to the mortgage holder, Wells Fargo Bank (formerly Wachovia Bank).

What does this mean for the future of the golf course? The receiver would be expected to bring-in his own management of the property since he is affiliated with a major golf course owner and management company. Hopefully, this receiver's management will result in long-promised improvements to the property which is located in the financially attractive area of eastern Boca Raton.

Golfers and area residents would benefit from improvements and professional management of this 27-hole championship golf course which is open to the public. We look forward to learning of the plans by this new management for this property.

How Safe is Drinking Water? /EPA Report

The July 28, 2010 EPA/DEP report confirmed our environmental concerns regarding the excessive levels of arsenic in the groundwater & soil on the Boca Teeca golf course. The report indicates that the "primary" concern of the contaminated groundwater is that it is located less than 1 mile from drinking water wells of the city of Boca Raton, so how safe is the drinking water?

Considering that the reported contamination in shallow ground water far exceeds the GCTL and MCL for arsenic and that a large population is supplied with drinking water, drawn from local shallow wells, the Ground Water Migration Pathway merits principal concern. The full report can be downloaded from our website as shown on our page titled "environmental concerns".

Also noted in the report is the discovery of excessive levels of pesticides toxaphene and dieldrin which are similar to DDT and have health risks associated with reproductive health. See the separate research report found at the following hotlink:

http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1566957/pdf/envhper00392-0044.pdf

The report states: However, in the course of PSAWS fieldwork, analyses of surface soil and sediment samples, collected from the maintenance area, also revealed that concentrations of arsenic, carcinogenic PAHs and pesticide, exceeding SCTLs for direct exposure in industrial and/or residential settings. Arsenic and two pesticides (toxaphene and dieldrin) also exceeded EPA RSLs.

What are the actions of the city to assure the safety of the drinking water and what policy changes is the city planning for preventing future health risks during their development process? We have recommended the city include a requirement for PRIOR verification of the safety of the land on all development proposals that involve a land use change, but over the past several weeks the city has not included this provision in the current amendments to the city's growth management plan.

The SunSentinel published an article on this EPA/DEP report on Sat. Aug. 7th which can be found at: http://articles.sun-sentinel.com/2010-08-06/news/fl-boca-teeca-golf-course-20100806_1_boca-teeca-golf-arsenic-inn-at-ocean-breeze/2 There are several questions that will need to be answered in order to help protect the safety of Boca Raton residents as a result of this environmental problem, such as, since the golf course is in foreclosure, who is going to pay for the clean-up of this risk to public health?

MCZ Centrum Foreclosure Update

An extension of time has been granted by the court based upon a request by MCZ Centrum. The next hearing is scheduled for Aug. 24th at 8:45am.

These foreclosure proceedings normally take several months and considering the current large number of foreclosures in Palm Beach County it would be expected for this process to take up to 2 years.

Residents often inquire about the outcome of the foreclosure and what will eventually happen to the Boca Teeca/Ocean Breeze golf course. It is our expectation that another investment group will buy the property and operate it as a golf course--similar to what happen to the Boca Greens golf course in Dec. 2009. An investment group has contacted members of the Save Boca Raton Green Space organization in order to access their interest in supporting an effort to purchase the golf course after the foreclosure process is complete versus MCZ Centrum.

Foreclosure Update/MCZ Centrum on Boca Teeca Golf Course

There have been several extensions granted to MCZ Centrum in the foreclosure that was filed by Wachovia Bank on March 19, 2010. The docket for this court case shows a court order on March 26th "TO SHOW CAUSE WHY FINAL JUDGMENT OF FORECLOSURE SHOULD NOT BE ENTERED AND TO SHOW CAUSE WHY AN ORDER TO MAKE PAYMENTS DURING FORECLOSURE SHOULD NOT BE ENTERED - HEARING APRIL 29, 2010 AT 8:45 A.M. SEE ORDER DTD MARCH 26, 2010 PER JUDGE"

On April 29th an extension of time was granted with subsequent extensions also granted on 5/6. 5/20, 5/28 & 6/1. The next hearing is scheduled for 6/14/10 at 8:45am with Judge Sasser. As shown by the numerous extensions granted MCZ Centrum, the foreclosure process is often lengthy. So, unless the principals of MCZ Centrum are able to find a buyer of the property for an amount agreeable to Wachovia, it would appear that this foreclosure will drag-on for several months.

Thank You Sallie Friedman

At last week's Town Hall meeting held in the city council chambers, Boca Teeca resident Sallie Friedman spoke out regarding her concerns of increased traffic in Boca Teeca if Costco is allowed to add a gasoline station to their property. Traffic was consistently a major concern of Boca Teeca residents during the past 20+ years. Traffic was also a primary concern during the 2006 meetings held by representatives of the Ocean Breeze golf course who proposed a "forced left turn" onto Westbound Jeffrey St. in order to keep traffic from the proposed 211 townhouses off of NW 2nd Ave.

These representations were made by the developers during the numerous meetings with residents in order to sell the residents on the proposed development. During the presentations at the public hearings there were no suggestions of a "forced left turn" and the city approved an amendment to the traffic level of service within Boca Teeca so that this road could be allowed to handle the increased traffic from the new development.

Sallie Friedman was one of the few residents of Boca Teeca that spoke at the public hearings in support of the development which was increasing traffic within this residential community. Here are two questions regarding her traffic concerns in Boca Teeca:
1)Did she support the development's traffic impact as a result of the promised payment of approx. $25,000 to her condo association?
2)Would she change her opinion of the Costco proposal if they agreed to pay her condo assoc.?

Grandmothers report Nudity on Boca Teeca Golf Course

Below is an excerpt from a letter to the Boca Raton City Council dated Aug. 22, 2007 from a resident of San De Vance condo association as a result of explicit nudity in full public view on the North golf course of Boca Teeca. Considering this illegal activity on the golf course do you think that the owners of the golf course deserve the support of the residents of Boca Teeca?


.....Lastly, there was a significant illustration of the lack of character of the developer/owner of the country club that occurred on June 3, 2006 as the country club hosted a golf tournament by the Cheetah Lounge, called the Cheetah Golf Classic. There were approximately 25 women who were topless or completely naked and performing various fornication gyrations within feet of the patios of the San De Vance community and witnessed by women and children. Numerous calls to the country club were unresponsive and the only reason this event was stopped at approximately 5pm was due to a thunderstorm that closed the course.

I reported this illegal activity in a certified letter sent to the police chief and the mayor that was delivered on November 13, 2006. There was no written reply from the city acknowledging this lewd behavior, but a telephone call from the Capt. Brancazio of the police dept. informed me that there had been plans for several of these Cheetah events at Ocean Breeze. A brief letter of apology was received from Dennis Taback at the Ocean Breeze Country Club to the grandmothers who witnessed this immoral event. In his letter of apology, Mr. Taback claimed that the golf tournament was for the benefit of cancer & diabetes research. This is believed to be a lie, as neither of these organizations would confirm their involvement with the Cheetah Lounge golf outing and it is doubtful that either would even remotely consider such involvement on moral policy issues.

With these problems of misrepresentation and immoral activity at the Ocean Breeze Country Club, I respectfully request that the city council deny the development proposal in order to protect the moral quality of life within our community.

Federal Tax Lien on Boca Teeca Developer Dennis Taback

Joshua "Dennis" Taback has a history of not paying his Federal income taxes as shown by the attached Federal Tax Lien for over $36,000. Do condo leaders still have faith in the primary rep. for MCZ Centrum and his intent to fulfill his contract to pay condo associations $350k?

It would appear that Mr. Taback has a lot of experience with requiring debt holders to seek legal action for collection, including the Federal government.

Do you think that Boca Teeca condo associations or Teeca Woods HOA will ever receive a dime from the agreements signed by Mr. Taback to support his development on a portion of the Boca Teeca golf course?

This tax lien was not released until 3/8/06, while he was already negotiating with Boca Teeca condo residents for removing a portion of the deed restriction on the golf course in their community.

Boca Teeca Golf Course Developer Taback Doesn't Pay H.O.A. fees for Estancia

Ocean Beeze golf course principal Joshua Dennis Taback has required his personal Home Owners Assoc. to take legal action to collect their fees each of the last 2 years. $250 was not paid on January 1, 2008 and $266 for Jan. 2009. The 2009 lien is still outstanding according to Palm Beach Co. records.

How would the Boca Teeca condo leaders treat a unit owner who failed repeatedly to pay their association fees while driving an expensive imported SUV?

Maybe Boca Teeca condo leaders should ask the Estancia Association their opinion of Mr. Taback's respect for his financial responsibilities? A neighbor who does not pay their association fees places a greater financial burden on each person within the community and is normally NOT considered a worthy neighbor to trust with additional financial responsibilities, such as business agreements with additional resident associations.

Ocean Breeze Developer Dennis Taback in Personal Foreclosure

Boca Teeca's Ocean Breeze golf course principal, Joshua Dennis Taback, is listed in foreclosure on his personal residence in Estancia. Mr. Taback has stated in the SunSentinel that he intends to fight the foreclosure on the golf course owned by his partners in MCZ Centrum, yet his personal residence is also in foreclosure.

What do you make of the chances that Mr. Taback will win these foreclosure actions and uphold the agreements with Boca Teeca residents?

MCZ Centrum Delinquent for 2008 & 2009 Taxes/Boca Teeca Golf Course

MCZ Centrum has not paid their real estate taxes for 2008 or 2009, yet they claim that they are going to fight the foreclosure on the property which they purchased with mostly borrowed money from Wachovia Bank. This is another example of an over-leveraged developer who had the misfortune of investing in a project that does not generate enough cash flow to cover the debt service and taxes. This real estate investor invested less than $200,000, borrowed $7 million from Wachovia and bought over 200 acres of golf course land in Boca Raton. The property is now in foreclosure and the local representative of the developer claims that they are going to fight the foreclosure.