Okaloosa County BOCC — April 5, 2016 — Regular BCC Meeting 02.16.2016 — reading text

in 1999 . He stated they sold the last piece of land at that time . Upon inquiry by Mr . Rigby , Mr . · zivan explained the significance of a general partnership and a LL partnership . He advised that he was not the sole developer and ref erred to Raimund Herden and Dave Weaver . Upon further inquiries , Mr . Zivan stated he has no interest in Bluewater Bay Resort or Randy Wise Hornes , is not being paid by anyone , and has no interest in the project . Mr . Zivan was asked to read the highlighted area under Tab 10 of the document previously entered by Mr . Rigby . He read : c. Recreational facilities will not be dedicated to the public . They will be maintained by the developer until they are turned over to the eventual owner of the facilities . February 16 , 2016 -15- Minute Book 74 , Page 131 Okaloosa County Board of County Commissioners Mr . Zivan stated initially there were plans for a 60-slip marina , tennis courts and another 9 holes of golf . He reported it was sold in bulk to Bluewater Bay Resort . Mr . Rigby asked Mr. Zivan to identify and comment on the following : • Tab 6 - Special Warranty Deed to Bluewater Bay Resort , Ltd dated 01/30/1992 • Tab 7 Authorization by Limited Partners , including Raimund Herden, to allow sale of property to Bluewater Bay Resort , Ltd . • Tab 8 - Excerpts from Agreement of Reciprocal Easements & Restrictive Covenants , dated 01/30/1992 • Tab 9 Certificate transferring General Partner designation from Europco Management to Raimund Herden , effective 05/07/1993 Mr . Zivan commented Bluewater Bay is forty years old and needs a shot of fresh blood . The proposed development would be the first new subdivision in Bluewater Bay in a number of years . He said the project will make use of a barren wasteland . Mr . Boyles asked if this shot in the arm , which is to be confined to a single fairway , could set a precedent for redevelopment of the balance of holes on the golf course . Mr . Zivan replied the resolution says it will not be a precedent . Mr . Rigby stated that concludes his presentation but reserves the right for rebuttal . RECESS - The meeting was recessed at 8:30 p . m. and reconvened at 8 : 43 p.m. Mr . Windes advised the next segment is for public testimony . Mrs . Crew stated she is present on behalf of Raimund Herden , EMCA Forest Investors (EFI) . She said she also wants to address the issues of Magnolia Plantation and Magnolia Forest Subdivisions . Mrs . Crew asked for confirmation that two additional communications , dated December 21 , 2015 and January 15 , 2016 have been presented . Mr . Kampert responded that copies have been supplied to the Board . Mrs . Crew referred to her letters dated June 12 , 2015 ; October 29, 2015; December 7 , 2015 ; December 21 , 2015 ; and January 15 , 2016 and said they have been admitted into the record for evidence . She also referenced a staff report on a prior Notice February 16 , 2016 -16- Minute Book 74 , Page 132 Okaloosa County Board of County Commissioners of Proposed Change (NOPC) submitted by Bluewater Bay in 2013 , saying there is important information in that NOPC . Mrs . Crew told the commissioners they have been presented with information on a small portion of this development . She said it is Mr . Herden ' s prized development . Mrs . Crew stated Mr . Herden is committed to the platted residential community with one single open space , a golf course . It was her position that eliminating Fairway #4 will eliminate the entire concept of the 210-acre development . She emphasized it was designed for a 9- hole golf course , not 8 holes . Mrs . Crew stated there was no successor developer to EFI and Bluewater Bay Resort is a private parcel owner . She maintained that Fairway #4 was recorded on the plat and the 9-hole golf course is reflected in covenants and deed restrictions . Mrs . Crew said she believes there is a vested right in this component the Board cannot interfere with . Mrs . Crew referred to the final staff report issued for the 2013 NOPC . (NOTE : The 2013 NOPC was withdrawn . ) Mr . Rigby stated he will have to object to anything from 2013 because it is not relevant . Mr . Stewart instructed Mrs . Crew to name the documents she desires to present . Mr . Boyles made motion , seconded by Mr . Goodwin , to accept the documents without passing any judgment or weight to them . 5 yeas . Mrs . Crew presented the Clerk with two documents . One is identified as " Crew Exhibit #1 , 2-16-16 " and is entitled " Issue ." The second is a map with the heading Ex hibit 1 and is labeled "Crew Exhibit #2 , 2-16-16 . " Mrs . Crew continued with her presentation , again referring to the prior NOPC and questioning the fin al viability of one land owner to the detriment of another property owner . It was her contention Fairway #4 would just be the start with requests to follow for development of other fairways . Next, Mrs . Crew presented a copy to the Clerk of Filing #37887029 (e-filed on 02/16/2016 at 05 : 23 : 45 p . m. ) EMCA Forest Investors , Ltd as Plaintiff vs . Bluewater Bay Resort , LLC as defendant ; Case: 2016 CA 000186 ; entitled Amended Complaint For Injunctive And Declaratory Relief. (This item is identified as Crew Exhibit #3 , 2-16-16 . ) Mr . Boyles posed several questions of Mrs. Crew . She replied that her client , Mr. Herden , is not present and will not testify . Mrs . Crew acknowledged that she also represents Magnolia Plantation . Mr . Boyles expressed concerns about the February 16 , 2016 - 17- Minute Book 74 , Page 133 Okaloosa County Board of County Commissioners lack of reciprocal covenants and that adjoining properties are not identified on plats . He stated he believes Mrs . Crew ' s client has done a disservice to those people who purchased property from him . Mr . Boyles stated he (Mr . Herden) up-charged property owners on the golf course for that benefit and it is clear from review of documents there were no reciprocal covenants to protect the golf course . He said the Board is here because of Mrs . Crew ' s client and called him the " aggrievor ." Mr . Harris told Mrs . Crew she has continued to refer to the property owners ' rights to a golf course and stressed there is no golf course . He said the property is overgrown with vegetation and asked if Mr . Herden has plans to re - do the golf course . Mrs . Crew answered there had been attempts to purchase it . Mr . Harris stated that is not his question and again asked if there are any future plans to redevelop the golf course . Mrs . Crew referred to preservation of the open space amenity . Mr . Harris said it was a golf course and feels construction of homes costing $4 00 , 000 will enhance values . Mrs . Crew disagreed . Mr . Harris asked Mrs . Crew if her client owns the fairways . She replied they were substantially developed in 2004 and sold to the developer who built within the master plan . Mr . Goodwin referred to the special warranty deed at Tab #6 of Mr . Rigby ' s document and underscored the importance of the property by metes and bounds description . Upon inquiry by Mr . Goodwin , Mrs . Crew stated there is no dispute her client sold Fairway #4 as part of Parcel #1 to Bluewater Bay . Mr . Goodwin asked if the validity of the special warranty deed is being questioned to which Mrs . Crew replied the validity of the document has not been questioned . After a series of questions , Mr . Goodwin stated he has one last question and asked if Mr . Herden in his position to protect the development plan asserts his rights to mow the golf course property and maintain it . Mrs . Crew said that is an interesting question . Mr . Rigby stated EMCA Forest Investors (EFI) was dissolved in 2002 . He then advised the Board he has a copy of the closing statement for the blanket transfer and assignment dated January 30 , 1992 by and between EMCA Forest Investors LTD whose sole general partner is Europco Management Company of America and Bluewater Bay Resort , LTD having as its sole general partner Bluewater Bay Management Company . He read from the document : (a) all of the right , title , interest , and benefit February 16 , 2016 -18- Minute Book 74 , Page 134 Okaloosa County Board of County Commissioners  of Assignor in , to , and under any and all site plans , construction and development drawings , plans , and specifications , documents , surveys , and environ- mental , engineering and soil reports and studies , licenses , permits , zoning approvals , sewer and water permits and licenses , building permits , certifi- cates of occupancy , demolition and excavation permits , curb cut and right-of-way permits , utility permits , drainage rights , permits , and agreements , and similar or equivalent private and governmental documents of every kind and character whatsoever pertaining o~ in any way connected with , but only to the extent applicable to , the development , construction , ownership , or operation of the Property , including all buildings and other improvements thereon or thereunder , and all right , title , and interest of Assignor in and to all fees and deposits heretofore paid by Assignor with respect thereto ; Mr . Rigby stated the point is this was a blanket assignment . Mr. Stewart requested a copy of this document be provided for the record . At this point , the floor was open for public comment . The following is a list of speakers and a description of their primary concerns : • Lori Stoner , Lost Horse Circle : does not want peacefulness of neighborhood changed ; opposed to construction of houses on any defunct holes • Leah Hodge , Lost Horse Circle : does not think the developer has the best interest of the homeowners in mind ; said many do not care if there is a golf course there or not ; wants to keep the open recreation space • Margaret Vining , Wren Way : purchased home adjoining golf course when it was an active course ; quality of life diminished because of overgrown course with dog fennel ; asked about reduction in property values ; suggested converting old golf course to botanical garden • Charles Stone , Lost Horse Circle : thinks this process is misleading ; feels approval for construction on Fairway #4 will set precedent for construction on other holes RECESS - The meeting was recessed at 10 : 20 p . m. and reconvened at 10 : 30 p . m. February 16 , 2016 - 19- Minute Book 74 , Page 135 Okaloosa County Board of County Commissioners  • David Brechtel , Cougar Circle : does not oppose request and development ; updated poll of homeowners requested (last poll was in 2013) but was told to hold off because of legal advice ; many owners want parks and said there is no place for kids to play in Bluewater Bay ; said not all residents are retired • Teresa Juliano , Swift Creek : thinks conceptual master plan is needed ; felt if it happens on hole #4 , it can happen on another hole Mr . Boyles stated the Board will take all information presented into consideration and from his perspective does not see that a favorable decision would set a precedent . • Dean Boman , Lost Horse Circle : said there is a great deal of uncertainty and homeowners do not like this uncertainty ; asked how a new subdivision would affect