Advisory Group to Community Land Solutions and the Edge
Summary of 1 September 2020 Meeting
The Advisory group met on Tuesday (9/1) to continue work on a solution for the Property. In attendance from CLS were Matt Shearer and Mike Hare. John Ealy, Joe Gadzik, Beth Gadzik, Andy Fischer, Paul Keck, John Gambadoro, Richard Lake, John Rucker, Greg & Sandy Peterson, and Neftali Rivera each attended. Tim McGough, RLA, ASLA Founder and President McGough Group and Zachary Odell of the New York State Department of Environmental Conservation and formerly of The Nature Conservancy were Guest Attendees. Christie Ellis, John Perkins and Richard Lake were unable to attend.
The Group approved the Summary of the meeting held 25 August 2020.
Zachary Odell and the GAOA
Zachary Odell reviewed his qualifications and provided his overview of the GAOA in how it may apply to the former Club West Golf Course. The key takeaways were that the land must be conveyed to a public entity such as the City of Phoenix or the State of Arizona, the GAOA provided a maximum of $250,000 in matching funds and that it was a competitive process that would not be likely to favor an abandoned HOA gold course over other projects. Zachary recommended the best approach was to ask the City of Phoenix if they were interested in taking possession of the property for a City Park. If the City was interested, the next step would be to secure the “right person”, (likely a lobbyist), to help secure the funds.
The Group confirmed some details with Mr. Odell and discussed whether the City would be willing to spend $250,000 to obtain matching funds and then take the land along with it’s required maintenance. The Group also discussed whether or not the community would be amenable to a City Park open to all located in the neighborhood. The Group agreed to speak to Andy Lenartz again and keep apprised of the GAOA.
Club West CC&Rs and Amendments
CLS facilitated a review of the HOA and Golf Course CC&Rs. A Group member clarified the distinction between the two and various points were discussed such as the motivations to secure the declarant rights, the method by which the rights are believed to have been secured and who the declarant is. The 2018 Amendment as well as the quorum it sets was reviewed and opinions were offered.
This discussion was motivated by Advisory Group members who acted on behalf of the Homeowners and various stated concerns such as statements that only 15% of Homeowners were required to make a change. In reviewing the voting process and quorum it was determined that 31% of Homeowners is the minimum required to make any changes and that 100% were allowed to be part of the process. An Advisory Group member pointed out that this number (31%) more than doubled the highest amount of votes historically received on any ballot measure at the time the Amendment was written.
The Group briefly looked at Implied Covenant and the differences between Club West and The Lakes in regards to the CC&Rs.
The Edge’s Purchase of the former Club West golf property
CLS reviewed the deed which conveyed the property to The Edge at Club West, LLC on 9 March 2020.
This discussion was motivated by Advisory Group members who acted on behalf of the Homeowners and various stated concerns such as statements that The Edge did not actually own the property.
An Advisory Group member commented that the deed states the consideration of $10. CLS clarified that deeds require consideration and that the amount is usually small in comparison to the stated “other valuable considerations” which are defined as part of the Purchase Agreement.
CLS confirmed that The Edge owns the property, has invested considerably to date and has been paying taxes, dues, insurance and fees.
Summary of Meeting between Community Land Solutions and the Assessor’s Office
CLS reviewed a meeting with the Assessor’s office which occurred earlier that week to discuss the tax look-back and it’s ramifications on financing The Park at Club West. CLS informed the Advisory Group of who attended the meeting and their roles. The summary stated that the Assessors’ office can not provide hard numbers or even estimates, but can only assess what is owed. The amount owed will be specific to the amount of land converted from golf usage to other usages and subject to a ten year look-back on tax benefits received.
The Advisory Group was informed that CLS would be able to use formulas provided by the Assessors as well as the experts they referred in order to closely estimate this key component of the budget.
Second Draft Plan for The Park at Club West
Tim McGough, RLA, ASLA reviewed changes and alterations based upon Homeowner feedback and comments. The Advisory Group reviewed suggestions and comments recently received and determined that most every idea had been presented and would be better to present a finished park sooner rather than later to allow more time for review and commentary on a finished product.
CLS agreed to review final concepts with the Group at the next meeting and adjust the timeline accordingly.
The Advisory Group discussed temporary parking, mountain top Saguaros with Holiday Lights, water features, pools, retail and restaurants as well as the “sense of arrival” and what that would feel and look like.
Meeting adjourned at 7:30 pm.