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.
Showing posts with label boca teeca golf course. Show all posts
Showing posts with label boca teeca golf course. Show all posts
Friday, July 29, 2011
Friday, May 6, 2011
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)?
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)?
Tuesday, December 21, 2010
Boca Del Mar Board Votes Against Development On Golf Course
Boca Del Mar board votes against plan to redevelop golf course
By Rebekah Monson, Sun Sentinel - December 19, 2010
A controversial plan to develop a defunct golf course in Boca Del Mar will move forward without the support of the community's homeowners association.
In 2004, the Boca Del Mar Improvement Association's board of directors voted to support a plan to build townhomes on the former Mizner Trail Golf Course, but last week the board voted 6-1 not to support a new proposal for development from Siemens Group, a Boca Raton developer.
"We're all very surprised that this has come up again, but this time the board listened," said Brian Coleman, a Boca Del Mar resident and member of the Second Coalition Against Mizner Development, a group that opposes development on the course. Board members did not respond to e-mail and phone calls requesting comment.
In 2006, the County Commission rejected an plan from course owner Dutch Bliss to build 202 townhomes on the course. Siemens plans to continue the rezoning process with the new plan despite the board's vote. If the County approves the change, the earliest units could be finished would be June 2012, said Justin Siemens of Siemens Group. Siemens' development is a lower density than the rejected plan, and it makes better use of the property than the vacant course, said Richard Siemens, president of Siemens Group. "This is a totally different approach in a different time period," he said.
But residents remained concerned about overcrowding, traffic, declining values of existing homes and loss of green space if housing is built on the course, said Rosemary Nixon of the Second Coalition Against Mizner Development. "The only significant difference that is proposed this time is more units, and they're on every fairway of the golf course," Nixon said. "The developer maintains that it's a lower density, but it impacts more homes and more properties and totally destroys all the green space."
The developers decreased the number of proposed units and moved new homes away from existing buildings, based on input from residents who live around the course, Richard Siemens said. "When we could make the plan better, we did," he said. "These are our neighbors. We want to be cooperative."
Two public rezoning hearings are scheduled in January...January 7th = P&Z board meeting
Siemens Group's contract to buy the golf course from owner Dutch Bliss is contingent on county approval of the project. Bliss bought the property in 1998, planning to keep the course open temporarily and then develop the land into housing. He closed the course in 2005, saying that he could not afford to maintain it. A deed restriction mandating that the land be used as a golf course expires in December 2012, but most residents would prefer the space remain a golf course or be converted into a park, Nixon said.
"They couldn't put another golf course on it for the simple reason that it would cost $6 million to $7 million," said Arnold Levinstein, a 22-year resident of Boca Del Mar whose home overlooks the course. "I would love it, but it would be a losing proposition." The Seimens Group plan would be better than looking across weedy, fallow land, and a well-maintained development would improve his property value, Levinstein said.
"The reason a lot of us bought there was because of the open space," Coleman said. "To take it away would be wrong."
Rebekah Monson can be reached at 561-243-6624 or rsmonson@SunSentinel.com.
By Rebekah Monson, Sun Sentinel - December 19, 2010
A controversial plan to develop a defunct golf course in Boca Del Mar will move forward without the support of the community's homeowners association.
In 2004, the Boca Del Mar Improvement Association's board of directors voted to support a plan to build townhomes on the former Mizner Trail Golf Course, but last week the board voted 6-1 not to support a new proposal for development from Siemens Group, a Boca Raton developer.
"We're all very surprised that this has come up again, but this time the board listened," said Brian Coleman, a Boca Del Mar resident and member of the Second Coalition Against Mizner Development, a group that opposes development on the course. Board members did not respond to e-mail and phone calls requesting comment.
In 2006, the County Commission rejected an plan from course owner Dutch Bliss to build 202 townhomes on the course. Siemens plans to continue the rezoning process with the new plan despite the board's vote. If the County approves the change, the earliest units could be finished would be June 2012, said Justin Siemens of Siemens Group. Siemens' development is a lower density than the rejected plan, and it makes better use of the property than the vacant course, said Richard Siemens, president of Siemens Group. "This is a totally different approach in a different time period," he said.
But residents remained concerned about overcrowding, traffic, declining values of existing homes and loss of green space if housing is built on the course, said Rosemary Nixon of the Second Coalition Against Mizner Development. "The only significant difference that is proposed this time is more units, and they're on every fairway of the golf course," Nixon said. "The developer maintains that it's a lower density, but it impacts more homes and more properties and totally destroys all the green space."
The developers decreased the number of proposed units and moved new homes away from existing buildings, based on input from residents who live around the course, Richard Siemens said. "When we could make the plan better, we did," he said. "These are our neighbors. We want to be cooperative."
Two public rezoning hearings are scheduled in January...January 7th = P&Z board meeting
Siemens Group's contract to buy the golf course from owner Dutch Bliss is contingent on county approval of the project. Bliss bought the property in 1998, planning to keep the course open temporarily and then develop the land into housing. He closed the course in 2005, saying that he could not afford to maintain it. A deed restriction mandating that the land be used as a golf course expires in December 2012, but most residents would prefer the space remain a golf course or be converted into a park, Nixon said.
"They couldn't put another golf course on it for the simple reason that it would cost $6 million to $7 million," said Arnold Levinstein, a 22-year resident of Boca Del Mar whose home overlooks the course. "I would love it, but it would be a losing proposition." The Seimens Group plan would be better than looking across weedy, fallow land, and a well-maintained development would improve his property value, Levinstein said.
"The reason a lot of us bought there was because of the open space," Coleman said. "To take it away would be wrong."
Rebekah Monson can be reached at 561-243-6624 or rsmonson@SunSentinel.com.
Monday, August 9, 2010
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?
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?
Wednesday, July 14, 2010
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.
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.
Thursday, June 3, 2010
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.
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.
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