Kolter in deal to buy Briger tract in Palm Beach Gardens

The push for this land purchase will not go unnoticed

 Below is an article from the Palm Beach Post highlighting the push to close a deal selling off Briger to Kolter Group Co. Nothing below acknowledges the long term resistance to this project such as the administrative challenge against the SFWMD's environmental resource permit,  the court challenge against the District Court of Appeals, the tree sit/forest occupation and the countless banners, signs and protests which have been held.  Kolter is a multifaceted developer investment corporation that can purchase and develop properties for the upper middle and upper class throughout Florida and other eastern states. Kolter's motive in this purchase is profit over native habitat. Don't let Kolter pave over the Briger Forest!

 

February 25, 2013

By Alexandra Clough

Palm Beach Post Staff Writer

PALM BEACH GARDENS —

The Kolter Group Co. is under contract to buy the prized Briger tract in Palm Beach Gardens, according to a Palm Beach County official and several real estate sources. The deal, although not yet complete, is a big step forward in developing a prime tract set aside for a biotech research hub, an idea that first attracted the Scripps Research Institute to Florida.

The nearly 700-acre property is across the street from Scripps Florida on Donald Ross Road in the Abacoa development and is the largest piece of undeveloped land along Interstate 95 in Palm Beach County.

If Kolter closes on the deal, it is likely to get to work quickly on development, said Peter Reed, a principal with Commercial Florida Realty Services in Boca Raton. “This will help restart the market efforts of attracting other like-minded life science companies that want to cluster around there,” Reed said.
In 2010, the Briger tract was approved for 4 million square feet of biotech space.
In addition, the property is zoned for 1.2 million in office space, 500,000 square feet of retail and a 300-room hotel. Briger also is approved for plenty of housing, including 700 apartments, 1,400 multifamily homes and 600 single-family homes. The development would amount to about 170 acres for Scripps and bio-tech spin-offs, plus 500 acres for an Abacoa-like setup of shops, offices, a hotel and homes.
The approvals were obtained in 2010, but nothing has happened on the site until now.
“We think it’s great,” Shannon LaRocque, Palm Beach County assistant administrator said of the proposed Kolter purchase. “It’s critical to get a development partner and Kolter is a good one.”
A Kolter executive declined to comment. The Lester family, which owns the Briger tract, did not return a phone call seeking comment.

But several real estate sources said the deal is in the due diligence stage and a closing could come soon.
While no one knows the purchase price, estimates of $100 million — or more — seem likely, real estate pros say. One developer said the price could be as high as $125 million to $150 million.
Reed said Kolter is a smart choice. “Kolter is a known developer who comes without any question on their ability to perform, so you want that type of horsepower,” Reed said.

Kolter built One City Plaza and Two City Place condos in downtown West Palm Beach, has built Hyatt Place hotels in West Palm Beach and Delray Beach, and is building a luxury condominium in Gulfstream. It also is set to start building a luxury high-rise in North Palm Beach. Kolter has built several multifamily communities.

Real estate experts said the Kolter purchase would change the landscape of Palm Beach Gardens.
“Wow,” said Rebel Cook of Rebel Cook Real Estate in Jupiter. “I think it’s an amazing piece and will just add more economic growth to the area,” added Cook, who also serves as president of the Economic Forum, a Palm Beach County business group.
Richard M. Rendina, chairman of The Rendina Cos. of Jupiter, agreed that the in-town land is very important.

“The Briger tract is a great piece of entitled dirt,” Rendina said.
Before Scripps and the entitlements were in place at Briger, Rendina said his father, the late Bruce Rendina, tried to buy the property from the Lester family. Bruce Rendina was instrumental in bringing Scripps to Abacoa, which he helped develop.

Rendina said his company and Abacoa would be great neighbors. Additionally, if Kolter wanted a partner to develop the commercial, medical or biotech components, “we would be interested in joining forces,” said Rendina, whose company builds medical office buildings nationwide.

Indeed, Cook said medical office space remains in demand. That will likely increase if an admistrative law judge recommends to the Florida Agency for Health Care Administration that it approve a $120 million, 80-bed teaching and research medical center on the Scripps part of the Briger property.
LaRocque said the judge’s decision, which is not binding to the agency, appears imminent.
The agency previously approved the project, but nearby hospitals, such as Jupiter Medical Center, appealed the decision, saying a new hospital is not needed.

Palm Beach County purchased 40 acres on the Briger site to allow Scripps to expand, and the Lester family donated 30 acres, LaRocque said. These 70 acres sit inside the part of the Briger parcel allocated for biotech development.

LaRocque said the teaching facility, a joint venture between Scripps and hospital giant Tenet, is not a hospital in the classic sense, but is an academic medical center for teaching and drug discovery, in collaboration with Scripps and Florida Atlantic University. The hospital, now known as the Florida Regional Medical Center, would feature 80 beds and collaborate with FAU’s new medical school.

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Plans are afoot to redo the old Home Depot Expo building in Boynton Beach.
Retail broker Dan Lynch, of Atlantic Retail Properties, said the property’s new buyer is considering subdividing the 90,000 square foot space into two or three spaces. The property was sold to Boynton Expo Investors LLC for $5.1 million by Home Depot last year.
Lynch said he’s talking to a number of “junior” anchors that would be complementary to the Home Depot next door.
Making the space more attractive are plans to raise elevations on the back of the building so it is more visible from Interstate 95, Lynch said.

Alexandra Clough writes about the economy, real estate and the law. Contact her at aclough@pbpost.com

Eagle Training Center Landbroker pleads Guilty to 6 counts of Fraud

In 2009, PBCEC and Everglades Earth First! helped in the victory against the Eagle Creek Military training center in Highlands County. Just recently, Greg Eagle, the person who spearheaded the training center was found to have committed a $19million loan scandal leading in a class action lawsuit against him and his pleading of guilty to 6 counts of Fraud. Read below from WINK for more details:

FORT MYERS, Fla. - Cape Coral realtor Greg Eagle has pleaded guilty to six federal counts of fraud after authorities say he forged documents and cost his investors millions of dollars. Each of the six charges carries a maximum of thirty years in federal prison.

This story begins more than twenty years ago and includes bad financial bets, falsified documents and millions of dollars that were lost.

In June of 1990, 52 investors bought a 101 acre property along Pine Island Road in Cape Coral for nearly $3 million. It was called the Pine Island 101 Land Trust.

Attorney Mark Trank is representing the 52 investors in a separate class-action lawsuit.

"It is good news, we've been waiting for this news for quite a long time," Trank said.

"This was a scheme that (Eagle) engaged in and as result the 50 plus investors in the Pine Island Trust have lost their investment and in many cases people have lost their life savings," said Trank.

In November of 2011, WINK News first introduced you to Dr. Charles Curtis, one of the investors.

"I'm sure it's affecting a lot of people and we would like to know how something like this can happen."

Curtis and other investors came together to buy the land, as they could buy more as a group than individually. Greg Eagle was put in charge of the land trust.

The investors were expecting a big payday when they would eventually sell the land. But that payday never came.

According to his plea deal in federal court, Eagle forged the documents on the trust to take out a $17 million mortgage in order to fund another project. He thought it was a can't-lost deal that would bring a homeland security training facility to Florida. But he did lose. The project fell through and Eagle never paid the loan.

The bank that issued the loan, First National Bank of Pennsylvania, filed for foreclosure on the property.

Curtis and other investors received a letter in the spring of 2011 from Eagle, saying "there is no excuse for what I have done with mortgaging the property for $17 million."

Eagle has also agreed to forfeit all his assets immediately and pay his 52 victims restitution. Though it's not clear how much they'll get, as Eagle lost nearly $40 million when the Homeland Security project fell through.

Meanwhile, Trank expects the class-action lawsuit to go to trial this year. He hopes his investors will at least be able to hold onto the property, which is worth millions.

Seminoles fight Powerplant in Big Cypress but DCA sides with FP&L

Cross Posted from the Naples Daily News  by GREG KAHN 

Power lines criss cross U.S. 41 East of State Road 29 in Collier County. Florida Department of Transportation is preparing an environmental study for proposed safety improvements along U.S. 41 from State Road 29 to the Collier - Dade County line. FDOT is proposing to make improvements to the roadway shoulders and guardrail.  

A Florida appeals court on Wednesday denied a second attempt by the Seminole Tribe of Florida to quash a 2011 Hendry County ordinance that would enable FPL to build a massive power plant on 3,127 acres of panther habitat near its reservation.
"Though the circuit court incorrectly determined that the ordinance was not subject to certiorari review, we conclude that the circuit court ultimately afforded procedural due process and applied the correct law in denying the Seminole Tribe's petition," the Second District Court of Appeal in Lakeland wrote in its nine-page ruling.
The site for Florida Power and Light's proposed natural gas power plant and solar energy farm, which could generate 3,750 megawatts of electricity, borders the tribe's Big Cypress Reservation; the smoke stacks would be visible from two miles away.
West Palm Beach attorney Kenneth G. Spillias, who represents the tribe, could not be reached for comment.
However, the tribe and other groups have other appeals pending that affect the FPL project. Under the Florida Electrical Power Plant Siting Act, the tribe is considered a "substantially affected person" and also could ask for an administrative law judge to hear an appeal.
The tribe, which asked the appeals court in September 2011 to review the Hendry Circuit Court ruling, argued that Hendry County Commissioners' unanimous vote to adopt the ordinance, rezoning the land from agricultural to Planned Unit Development, violated the county's Local Development Code. The tribe also contended commissioners avoided their responsibility to review the project's compatibility with the reservation and determine if it's consistent with the county's comprehensive plan.
The tribe cited concern over the impact on ecotourism, water, and wildlife. The tribe, the Sierra Club, Conservancy of Southwest Florida and the South Florida Wildlands Association opposed the plant, arguing the land is a habitat for the endangered Florida panther, crested caracara, eastern indigo snake and wood stork. They also questioned the impact on air quality and water consumption, noting the plant would use up to 7.5 million gallons of water daily to cool each of the three units.
The tribe and Conservancy also argued commissioners rezoned the land prematurely, without sufficient information, noting the plant can't be completed until a lawsuit over ownership of land that's needed is resolved.
The DCA was limited in its review because the tribe had already appealed county commissioners unanimous May 24, 2011, vote. As a result, the appeals court could only consider whether the circuit court judge applied the correct law and if the judge gave the tribe "procedural due process" to determine if it had been deprived of life, liberty or property. In contrast, the circuit judge also had to determine whether commissioners followed the law and rule whether commissioners' findings and vote were supported by competent, substantial evidence.
The appellate panel agreed county commissioners satisfied their obligation to protect wildlife by requiring approval from state and federal agencies overseeing water, wetlands, and wildlife habitat, and that the judge ruled the county sufficiently addressed the water issue because the project must be approved by the state Department of Environmental Protection and the South Florida Water Management District.

$600,000 approved towards Island Way Road

Jupiter Town council Makes Steps Toward Building Road through Limestone Creek and Kennedy Estates Despite Opposition
 
Last night after 11:30PM the last item on the Jupiter Town Council meeting was a vote on the alignment of the island way road, which is slated to pass through Limestone Creek, Baker's Park and Kennedy estates. The  road which was stalemated in the Palm Beach County Board of Commissioners in mid-October in 3-3 locked decision, was unanimously passed last night by the Jupiter City Council. The decision specifically was to spend $600,000 to buy 7 parcels of property needed to install the road. This purchase will be fast tracked as a quick sale and is expected to be purchased no later than December 31st! There were only 6 people in opposition to the road present, one of which will have it right at his doorstep.

Although the county did not pass it in October, it can be revisited by them since it was a tie and the Jupiter Town Council stated that they intend to urge them to revisit it. Last night Karen Golonka invited all the opposition to contact her as she would not tolerate the misinformation and insults that the Palm Beach County Board of Commissioners tolerated when they took the vote in October, so bring it to her folks!

Please call/send an e-mail to the council members of Jupiter and voice your opposition to this road!
(561) 746-5134
towncouncil@jupiter.fl.us

Contact PBC Commissioner Hal Valeche and encourage him to keep this off the PBCBC agenda!
(561) 355-2201
HValeche@pbcgov.org

Key Talking Points:

-The corporate welfare for biotechnology in the state of Florida must end. $600,000 towards land acquisition for a road that may or may not be approved and does not have the required approval of Palm Beach County Board of Commissioners is a wasted investment.

-It is irresponsible that the council put this item on as the last item at the peak of holiday season after a huge town issue that went on for 3 hours. Agenda items are only released 2 days before a meeting, so it is difficult to organize quickly around issue. In order for this road to be full steam ahead it must have the approval of Palm Beach County Commission and it does not.

-The road is slated to go through Limestone Creek a community that was founded by freed slaves and has been at the hands of colonialist decision making since its inception. This is no different. The residents of Limestone creek voiced their opposition to the road, and PBC Board of Commission was split because of this. The town of Jupiter should not ignore the concerns they had:

-increased risk of safety to pedestrians/children that walk and bike to school/work
-increased pollution, noise pollution, and traffic of 5,000 vehicles per day
-unidentified bio-hazardous waste will be transported on this road.
An accident transporting it is not if, but when.
-picking a historically black community to put this road through is a strategy that bodies of power often do to win their poisonous proposals: put the most toxic substances through the communities that are least empowered to fight. This is why it is considered environmental racism.

 

-As the project is slated now, it will result in further habitat loss of the Florida state listed threatened Gopher tortoise.

FURTHER READING:

PB Post Article about the vote before it happened. Please comment on article!

Jupiter Town Council Agenda for Dec 18th 2012- Item 100-12

Article on the PBC Board of Commission dropping the proposal in October of this year

Jim Stafford takes Lake Worth elections back to the dump

Jim Stafford joins the ranks...

Once again, a candidate for Lake Worth's City Commission—this time it's Jim Stafford—is taking dirty donations from Southern Waste Systems (SWS). This company, which also runs several other operations under different names (including "Sun Recycling"), has been a source of grief for residents in Lake Worth's Osborne Community, a historic black neighborhood, for years. SWS and Sun Recycling operate at all hours of the day and night disturbing residents on Truman Ave with noise, smells, lights and vibrations that have impacted the very foundations of their homes.

(For starters, try and imagine a couple dozen diesel dump trucks all firing up their engines in your backyard at 4am most every morning...)

The fight against the location of this waste dump and "transfer station" has been going on for decades, with the previous facility, owned by a company called Kimmins, being shutdown for creating a nuisance in the community.

The facility only exists because its zoning predates laws of equal rights and environmental justice which would very likely deem it illegal under current standards. It is a case of what can be called Jim Crow-era Zoning, and presents a blatant case of environmental racism.

According to the Environmental Protection Agency, 47 percent of all waste transfer stations in the U.S. are located within one mile of African-American and Latino neighborhoods. [Source]

Like candidates before him (Lisa Maxwell, Retha Lowe, Carla Blockson to name a few), Jim Stafford has decided to accept money from this company. [Have a look for yourself at his last quarterly report, titled 'G4' in this link.]

Sadly, but not surprisingly, Stafford shares many common campaigns contributors with the above list of former candidates in Lake Worth, the majority of whom are real estate investors, developers and your typical cast of Chamber of Commerce lackeys, with a smattering of right-wing Republican bigwigs. (You guessed it, Stafford is registered Democrat... His donors, not so much.)

Last year, SWS said they were scaling back their operation on the Lake Worth/Lantana border. Instead they appear to be moving forward with a plan to expand their operations (despite public outcry and city legal challenges against it.) How to most easily crush your opposition? It's a classic plan that never seems to get old: Buy their elected officials.

For a glimpse of the history of SWS and their shady dealing in Palm Beach County, check out a recent article in the Palm Beach Post, "Palm Beach County commissioners push bid change to help hauling company".

In case you're wondering, the Palm Beach County Environmental Coalition endorses the other guy.