Page 18 Friday, May 7, 2010 Longboat Key News

Whitney Beach Plaza

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sent a letter to Planning, Zoning and Building Director Monica Simpson that contends Arvida still retains the rights to the remaining density within the Islandside gulf-planned development.

In a letter dated Wednesday, Dec. 3, Morgan Bentley of Sarasota-based Williams, Parker, Harrison, Dietz & Getzen, states the club is free to seek an amendment to the gulf-planned development to place dwelling units on the property for its project —— but only with Arvida’s consent.

Arvida said it’s still investigating the issue and wanted to alert town staff of the ownership issue “and potential cloud on the property in advance of the hearing.”

Club officials responded late Thursday evening by denying Arvida’s claim.

In a prepared statement, Key Club Public Relations Manager Katherine Songster wrote:

“Longboat Key Club & Resort just learned that Arvida/JMB Partners has sent a letter that contends that Arvida/JMB Partners still retains rights to the remaining density available in the gulf-planned development. This issue was raised by the Islandside Property Owners Coalition in the recent hearings before the town’s Planning & Zoning Board. The town’s special counsel, Nancy Stroud, found the claims to be without merit, and that the remaining available density belongs to the town to assign, not Arvida/JMB. The club agrees with the Town’s position on the matter.”

Songster’s press release notes the deed the club received from Arvida/JMB had restrictions against fur-ther development of the property, but those restrictions expired, at the very latest, on Dec. 31, 1995.

The club’s release states the club will take “appropri-ate measures to defend its title to the club property against the claims of Arvida/JMB.”

I don’t know who Katherine Sangster is, she has

been strangely silent since her statement -- or what moves Nancy Stroud – but the deed is very specific. OR 002207 Pages 001323-001337. The non-granting of dwelling units appears on Page 001323 -- and “grantee” “understands.”.

Attached to the deed itself is a declaration contain-ing a set of things titled “RESTRICTIONS” It has fifteen pages -- 001338-001352. It contains twenty-nine num-bered paragraphs. The paragraph numbered 29, on Pages 001351 and 001352 is titled TERMINATION DATE

It reads as follows:TERMINATION DATE. The covenants and restrictions

of this Declaration shall run with the title to the Property, and shall inure to the benefit of and be enforceable in accordance with its terms by Arvida, or its assigns, until December 31, 1995.

These restrictions have no relation to numbers of units that can be built. The number of units that can be built are on the first page of the deed -- and in this case it is none. And there is no termination date to the deed!

The operative wording in the actual deed is this: Grantor is not hereby transferring to Grantee the

right to construct any dwelling units upon the above property.

I think this is what the lawyers say: Res ipse loquitur. The thing speaks for itself

Obviously the Loeb interests have ultimately come to the conclusion that this effort to reposition its rec-reational designated land in Islandside (and, also, by the way in Bay Isles) has a built-in problem that can only be circumvented by obtaining the cooperation of the four-out-of-seven Town Commissioners in approving this end run around all of the legal problems it is now facing.

I can see where the residents of Islandside have a serious investment in what they considered was the status of the recreation land – the golf course and the now denuded tennis facilities – in which they thought

they had purchased an undivided interest. And as for Williams, Parker, Harrison, Dietz & Getzen – I can see that they would be sorely embarrassed if the restric-tions they placed upon the deeds into Key Club were found inoperative and would allow the Loeb to reap the bonanza for which they are now petitioning the Town.

The above is merely item number one in the seven-pronged attack Loeb has made against the integrity of our Zoning Ordinances. The other six are no less oner-ous, but Arvida is no longer involved in them. These consider the ramifications of allowing the construction of the mythical Five-Star Hotel and its appurtenances, which has been dangled before the eyes of our friendly real estate professionals in this community.

Foremost among them is the acceptance of the so-called fact that a future four-out-of-seven votes from our Board of Selectmen could permit the construction of any hotel (say even a Motel 6) anywhere there is a piece of vacant land (or soon to be vacant land) within any residential district – especially within any of the Planned Unit Developments on our island. And, to make it even easier, there is one provision to measure building lengths differently.

My suggestion: Town Commission vote NO to the zoning changes. Then let the interested parties first fight it out in the courts – then, and only then, let the Town become involved. I have no affiliation with any of the interested parties. My ambition is to protect the integrity of the PUD’s in which I have been profession-ally involved in my other life, and, then, to save our tax moneys from being expended in this effort to side with a developer and against the owners of property who want to protect their investments.

It is not just IPOC. It is the owners in all other PUD’s, community-wide, who are affected.

Brad Saivetz is a member of the Longboat Key Planning and Zoning Board.

Saivetz, from page 8