Sunday, March 1, 2009

WHO OWNS WHAT - WHO GETS TO MAINTAIN IT?

WHO OWNS WHAT AND WHO GETS TO MAINTAIN IT?
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Word of the day: Riparian = Relating to the bank of a stream or lake
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Elsewhere on the BLOG there is an interesting interplay as to ownership of the Lakes and Canals and the matter of Shoreline Restoration.
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The Lakes, Lagoons and associated Canals are part of the Village Recreational Facility which of course encompasses the two Clubhouses and certain pools…Etc.
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On January 15th., 1982, Benenson Capital Corporation a 100+ year old Family Real Estate Company, Headquartered in New York City purchased the Recreational Facility from Century Village, Inc. The cost of this purchase was $23,100,000.00
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The Deed reflecting this purchase may be seen at the following reference.
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http://oris.co.palm-beach.fl.us/or_web1/details.asp?doc_id=7361890&file_num=19820008326
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The confusion arises over the Millennium Amendment to the Long Term Lease, which ultimately, relegates to the Unit Owners of Century Village the responsibility for Operational costs and Maintenance of the Recreational Facility. The issue of what constitutes Maintenance and what constitutes Capital Improvements I shall leave to Lawyers and Accounts.
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This brings us to the matter of Shoreline restoration.
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The most expensive single component of the Recreation Facility over time may well turn out to be The 64 acres of Lakes, Lagoons, Canals and the associated Shoreline, this simply because of the potential damage from Weather. We spent a significant sum to have a moonlighting Army Corps of Engineers Team Leader with International reputation render a report on how the restoration is to be done; why have we not seen this report; perhaps because of the staggering cost of the recommendations? So now what will happen; we will proceed with a poorly scoped restoration plan which will be a band aid, only to be repeated in due course of time. This sort of project is a highly technical one and needs to be planned and executed by experts in the field. Because of the costs associated with this sort of project, the Unit Owners of CV must be involved in the planning and approval; there is no other Legal route.
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Now please allow me to provide a reference for you to consider; it may seem, at first, a severe violation of the “Apples and Oranges” principal; I submit it is not so. Our Waterways, by circuitous route, tie in to the ecosystem of the region the following reference will provide some scope of the issues involved from a broader prospective. I hope you enjoy the following report.
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“Riparian ecosystems are the canaries in the coal mine.
They give warnings of erosion and pollution problems
that threaten forest streams, rivers, lakes, and ocean fronts
across the Nation. They further warn that when
water quality is impacted, the fundamental ecology is
deeply disturbed.”
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REF:
http://www.fs.fed.us/publications/soil-bio-guide/
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Dave Israel

11 comments:

Anonymous said...

Thank you David Israel for clarifying who owns what.

As always, you do your research; you give the information as is; therefore,you are the only one who has the capacity to make UCO legal.

Wishing you and US good luck in the election

And I hope you can find more people that have a desire for legality and therefore...


PEACE IN THE VILLAGE !!!!!


Rosa J.

Anonymous said...

I'm confused.

Who is Century Village Inc., and why the purchase agreement in 1982.
I presume that we the residents of Century Village are not Century Village Inc. or my next question would be what happened to the $23,100,000. I sounds more like money was manipulated for tax purposes.

Therefore if we were not a party to this exchange of money then why at this late date are we even concerned?

Anonymous said...

Dave: Just get in as a VP, help get rid of Bummolo, keep Lowenstein in check until he's out, and get our water levels back up and our lakes and canals (OUR lakes and canals) in shape.

Anonymous said...

Anonymous 11:22,
Sal Bummalo has exhausted his term limits and must sit out for at least one year (2010) as V.P.

Anonymous said...

We can't wait for 2010 with Sal in charge of infrastructure!

UCO President said...

Hi A Nony Mouse
Mar 2, 2009 11:03:00 AM,

1982's Century Village Inc.
Is known today as W.P.R.F., Inc.

So, WPRF got the money.
Why did they sell to Benenson is a question to be addressed to WPRF.

Why does anyone sell anything? It is interesting to note that Benenson's principal business Model is the Triple Net Lease, which is pretty much what we have here.

Dave Israel

1 said...

Very disapointing discussion at the Executive meeting this afternoon. My conclusions of the discussions on the water problems are:

1)Lakeshore restoration will take a minimum of 5 years unless a miracle happen ( Cable $$$$ );

P.S. How many of us will still be there in 5 Years?

2)UCO does not care much about the beauty of our lakes and canals;

3)Nobody is putting pressure on the owner of the lakes, lagoon and canals (WPRF) to maintain them properly;

4)Each Building Association owns its part of the lakeshore and therefore they might be the only "body" interested in improving the "look" of their lakeshores;

There was not a big crowd at the meeting but thanks to those who attended and expressed their opinion.
Andre

Anonymous said...

Great stuff Dave. Give every assoc with waterfront a copy of the study, tell them to put on boots and get out there and rebuild by any method. Redwood logs or palm trunks, willow branches. Would be better than the UCO 3-year paralysis.

Anonymous said...

The previous Anonymous is in some ways correct in the approach to keeping down costs.

What I suggest is to manicure the embankment and plant Zoysia grass. The slopes appear to be steep therefore I would carefully dress up the slopes and plant plugs of Zoysia grass at intervals of about 8" to 12" and in a square pattern. With the added growing seasons that Florida presents the runners will fill the gaps quickly. My guess is that within two years it will approach a completely non destructable carpet.

I have planted Zoysia grass up north in NJ. Unfortunately the severe winter cold made it look near white during the winter months. Thus it was impractical from an aesthetic point of view. However it came back to green and did not deteriorate in the spring.

Try it in a small area if you have doubts!

Anonymous said...

If the UCO braintrust says the solution is is "every lakefront building for themselves" we are truly in a sad state of affairs,and only getting rid of George Lowenstein and Sal Bummolo will improve the situation!

Anonymous said...

You need to see if the Zoysia grass is your answer. Who cares who gets the credit!

Some one step up to the plate and get the job done! Even if it is a small experimental group.

All you people do is blame each other.