Last updated on September 30, 2020
Read Between The Lies – Belleview Sale Already Decided? .
Its fairly clear by the tone of the meeting that the sale of the Belleview was already decided? .
Mr. Nash, the attorney for the Pelican Golf LLC and the same attorney. Who filed he Pelican Golf LLC for the Doyle family on 01/15/2016. Did the majority of the talking at the meeting and was the puppet master!
Town Manager Maxwell created town file #16-0019 on 1/28/2016 for review and discussions of the offer by Pelican Golf LLC. On 2/16/2016, 18 days after Town Manager Maxwell announced the offer and created a town file. Belleair’s the Mayor, Town Managers, Town Commissioners, and board members. Unanimously approved the Belleview Biltmore Golf Club sale to Pelican Golf LLC.
Does the fact. The new owners filed the Pelican Golf LLC on 01/15/2016. Nearly two weeks before Town Manager Maxwell. Announced, saying he’d received the offer. Nearly a month before Belleair officials reviewed the offer?
Could this mean the sale was a “done deal”? Using the address of the Belleview Biltmore Golf Club leased to Golf Green Partners? Why would the new owners of the former Belleview Biltmore Golf Club? At the time, owned by the Town of Belleair residents a
Below is the file 16-0019 on the agenda for 2/16/2016 –
Review of the Purchase and Sale Agreement for Belleview Biltmore Golf Course. Adopted and passed – Commissioner Rettstatt moved approval of the Belleview Biltmore Golf Course purchase appropriate tract description.16-0019 Version: 1 Type: Discussion Items Title: Review of Purchase and Sale Agreement for Belleview Biltmore Golf Course Micah Maxwell-Town Manager-Stated, the proposal received from Pelican Golf LLC, has been reviewed by both the town and seller attorneys; discussed provisions to specific sections relating to special conditions and green space restrictions at the time of closing.
Maxwell noted special conditions relating to appraisal; appraisal at $3.6 million or higher would become purchase price or give buyer option to decline, appraisal at $3.4 million gives buyer option to purchase at offer price of $3.5 million or decline, either scenario buyer pays for appraisal; appraisal between $3.4 and $3.6 million means purchase price offered stands; town attorney feels appropriate. Tom Nash-Attorney for Pelican Golf LLC- Highlighted provisions in section 4.6 of agreement which states the property shall remain a green space in perpetuity; purchaser agrees to covenant; appraisal is favorable to town; ready to move forward. Maxwell clarified 4.6 exhibits are correct; additional language for description is needed. Campbell McLean-Acting Town Attorney-Feels it is clear with the exhibits attached; textual error. Mr. Nash noted error was oversight; entire plat document originally attached; correct exhibit is with contract. Mayor Katica requested financial implications be read; Mr. Maxwell read the budget allocations and fund balances for the record. Mayor has commended Green Golf Partners and hopes they will remain. The sale wasn't finalized at the end of May 2017. Green Golf Partners continued to manage the Belleview Biltmore golf course. Until May 31, 2017, when Pelican Golf LLC officially took ownership. McLean discussed covenant portion of contract; undefined mechanism, conservation easement can be done a few ways; discussed conveying easement to third party trust to help prevent future changes. Motion for contract approval needs to include correction of scrivener's error. Public comments were heard: Neil Palenzuela-Resident-Not opposed to sale; in favor of a conservation easement; questioned timeline of easement related to sale. McLean noted the greenspace condition is part of the contract; mechanism to be worked out between both parties once agreement is entered into. Nash stated buyer on board; will take place simultaneously with closing; covenant must be in place for sale to occur. Mayor Katica questioned if changes could be made in future; Mr Nash stated conservation easements have very strict conditions, best route to ensure perpetuity. Discussion ensued regarding time frame of getting conservation easement; dependent upon third party; going through permitting body versus land trust; best and most economical vehicle needs to be determined. Mr. Nash estimated three to four months; Commission will be able to review; must be mutually accepted by both parties. Jeff Hauer-Resident-Not opposed to agreement; asked for clarification on specific sections; questioned charter amendment. McLean noted both parties must be in mutual agreement; deal is off if agreement not reached. Mayor Katica noted a conservation easement is stronger than an amendment. Commissioner Rettstatt commented that a charter amendment would've been pursued, but it could be changed down the road; due to purchase offer, easement is stronger. Neil Palenzuela-Questioned whether easement will be done if contract falls through. Mayor Katica noted the Commission has been in the process and will follow through either way. Discussion ensued regarding easement staying with property or with owner; easement can be between parties or with a third party; stronger to have with property and have third party involved; mechanism to be determined during period of due diligence; strength of potential charter amendment. Lil Cromer-Resident-Commented on prior meeting discussions regarding perpetuity; wants to get issue resolved. Mike Elliott-Resident-Commented on speed of this sale; concerned not many residents aware of issue; wants to ensure details settled ahead of closing. Sam Hoskinson-Resident-Thanked Mayor for his approach on issue. Tom Kurey-Resident-Spoke in support of the sale; purchaser is resident who understands town; sees as opportunity for the town. Meeting went into recess at 7:17 PM; Mr. Maxwell to speak with attorney. Meeting reconvened at 7:27 PM. George Castro-Resident-Asked questions related to golf course tax burden and profits; wants to ensure not losing money; concerned with infrastructure; commented on contractors, construction projects and quality. Mayor Katica noted golf course is drawing a profit; Mr Maxwell stated roads mentioned are under warranty and currently being investigated. No further public comments to be heard. Commissioner Shelly suggested to order the appraisal first; requested time to send to Finance Board and hold additional public hearings. Nash commented on moving quickly; can begin investigating mechanisms once contract entered into; items to be addressed in due diligence period. Deputy Mayor Piccarreto commented on investigating a charger review in preparation should sale fall through; wants to cover bases in case of an unforeseen event; in favor of moving forward with conditions; infrastructure is major issue, priorities are being set; questioned if buyers will be taking on Green Golf commitment. Nash noted buyer will assume Green Golf as part of the contract. Commissioner Rettstatt commented on prior contributions the Doyles have made to the town; infrastructure and water issues; in favor of moving forward with agreement. Commissioner Wilkinson noted goal when purchasing was to maintain as greenspace; important to get easement; thanked Green Golf Partners for renovations; ready to move forward. Action: adopted Action text: Commissioner Rettstatt moved approval of the purchase and sale agreement for the Belleview Biltmore Golf Course to include the correct and
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