So who is this Golf Course agreement binding with if we default? It’s a mystery

deed
You need to look at the deed which is dated December 20, 1991, recorded in OR Book 3715, pages 1631 – 1646.
From: Tom Menocal [mailto:tommenocal@gmail.com]
Sent: Thursday, December 18, 2014 10:26 AM
To: Green, Allen; Ford, Bob; Harden, David; Burnette, Don; Bastian, Drew; Stiltner, Scott
Cc: MorganG@volusia.org
Subject: Golf Club At Cypress Head – A Public, Comprehensive Disclosure Is Due
 
It’s Starting to Smell … How Can It Be A Florida For-Profit And A Municipal Golf Course At The Same Time?
The Golf Club at Cypress Head – What is going on? A Comprehensive Disclosure Is Due.
THE AGREEMENT – 07JUNE 1990
It seems to have begun while the Cypress Head subdivision was being developed by Pioneer Heights, Inc.
The City of Port Orange, and then Mayor, Judy Anderson, entered into a land agreement on 07JUNE 1990, obligating the CoPO to design, build, operate and maintain a golf course. In the case of a CoPO DEFAULT, the [land, golf course] would [REVERT back to the owner].
The agreement also allowed for the owner to [ASSIGN, TRANSFER] ownership. So it can change hands at any time w/o CoPO awareness or approval.
IT’S A MYSTERY – WHO OWNS CYPRESS HEAD GOLF COURSE?
It does not appear that the CoPO owns the GCaCH. The DEFAULT and ASSIGNMENT clauses of the agreement seem to make that clear.
The owner at the time of the agreement, PIONEER HEIGHTS, INC., [dissolved] as a Florida corporation on 31JANUARY 2005.
 So who is this agreement binding with? It’s a mystery.  IT’S BOTH MUNICIPAL GOLF COURSE AND A FLORIDA FOR PROFIT CORPORATION.
How can it be both? As a Florida For-Profit, who does the Golf Club at Cypress Head, Inc. answer to? It’s shareholders?
 
The [Articles of Incorporation] were filed on 31AUGUST 2001, by then Mayor, Dorothy Hukill, and City Manager Kenneth Parker.
GCaCH is authorized to [issue shares]. Are there shareholders? And with so much taxpayer money flowing, who are these shareholders? Can the federal tax returns be reviewed?
For all practical purposes, GCaCH, is de facto a [country club]. And in a recent City Council meeting, the course manager indicated, [paraphrase], that ‘he was proud of that characterization’.
 
SO WHAT’S GOING ON AT Cypress Head Golf?
[Public Information Requests] have remained unanswered. It’s beginning to smell. And this will only fuel speculation.
 
THE FOR-PROFIT BOARD OF DIRECTORS;  GOLF CLUB AT CYPRESS HEAD, INC.
 
2001 – 2004     Dorothy Hukill, Mayor
Kenneth Parker, City Manager
 
2005 – 2012     Allen Green, Mayor
Kenneth Parker, City Manager
 
2013      Borb Ford, Councilman
Greg Kisela, City Manager
 
2014     Bob Ford, Councilman
David Harden, Interim City Manager
 
Taxpayer dollars are flowing to a Florida For-Profit Corporation
k/a Golf Club At Cypress Head, Inc., FEI# 593743314, and a public, comprehensive disclosure is overdue.
Sincerely–
Tom [Tommy] Menocal
Port Orange, FL
g: 414.367.4140 – GoogleVoice#

2 thoughts on “So who is this Golf Course agreement binding with if we default? It’s a mystery

    • December 19, 2014 at 8:56 am
      Permalink

      The golf course is owned by the City. It is clear on the recorded deed. It is public record and on file in Deland. The golf board is an arm of the City Council which maintains oversight over the golf course. It consists of the City Manager and a member of council — presently Bob Ford aka me. The for profit corporation as I understand it has only one function — holding the liquor license.(By the way don’t tell my wife but technically by doing it I potentially assume some personal liability). In the years that I have served no money has changed hands that I know of…will track down where the shares are.
      If we breech the contract the land reverts to the successor of Pioneer Heights. Not sure who that is.

      Reply

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