News

By Rich Pollack

    A proposed $3.5 million sale of Highland Beach town-owned property in Boca Raton, which has been mired in bureaucratic red tape for almost a year, may soon become a done deal. But until it is, the town will receive $3,500 a month from a private developer.
    Last June, the town signed a contract to sell two parcels in northern Boca Raton (between Federal and Dixie Highways) — once used for a water treatment facility — to developer Douglas Durrett. He plans to build residential units on the larger property.
    After the contract was signed, however, Boca Raton city officials discovered that while the larger parcel was properly zoned for residential usage, Boca’s comprehensive land use plan had not been updated from the previous governmental-land usage, preventing the sale from closing.
    The town had approved a three-month extension of the agreement, but when a request from the developer for yet another extension came before the Town Commission last month, several commissioners had misgivings.
    Commissioner Carl Feldman, who said that the value of the property had probably increased during the past year, suggested the town consider putting both parcels back on the market if the buyer couldn’t close right away.
    “There might be someone out there who would be interested in the property at a higher price,” he said.
    That led to heated exchanges between attorney Mitchell Kirschner, representing the developer, and town commissioners, with Kirschner pointing out that the town has a binding contract.
    “This is either a political hot potato or you don’t understand where this matter is,” Kirschner said. “You sold us something you can’t sell and you advertised something you can’t advertise.”
    Kirschner reminded commissioners that Durrett had already put $70,000 in escrow to be taken out of the total sale price as a gesture of good faith.
    Throughout the discussions Kirschner and Town Attorney Glen Torcivia explained that if a lawsuit were filed the property would probably be tied up in litigation for some time.
    “If there’s a lawsuit pending no one is going to want to buy the property,” Kirschner said.
    Feldman, during the course of the discussions, suggested that the town grant the additional extension if Durrett were willing to pay $25,000 a month, which would not be refundable.
    Mayor Bernard Featherman agreed.  “I believe the $25,000 a month is fair,” he said.
    After Durrett balked at the amount, Torcivia proposed cutting it to $3,500 a month.
    “We are almost at the finish line,” he said, after he and Kirschner explained that the necessary changes are expected to come before the Boca Raton City Council in the next few months. “Let’s get past the rhetoric.”
    After hallway negotiations between Kirschner and Durrett with Torcivia, the developer agreed to $3,500 in monthly payments until closing in exchange for an extension until the end of November. If the closing doesn’t occur by Nov. 30, the contract will terminate.
    “Neither side got exactly what we wanted, but in the end it was a fair accommodation to all involved,” Kirschner said.