Article Courtesy of The Boca News

By Dale King

Published June 29, 2009 

Time, and the Boca Raton City Council, are both closing in on the long-unfinished Eden project.

The council filed a resolution last week to set up a review of the two-year permit extension granted to the developer, Boca East LLC, in September 2007.

Development Services Director Jorge Camejo recently notified Boca East LLC that the developers have not provided the information to the city that was required in the September 2007 order that accompanied the two-year extension of the permits. As a result, he said, the developers are in default and the building permits are void.

Charles Siemon, an attorney for Boca East LLC and partner Ceebraid-Signal, has filed a letter protesting Camejo’s decision. This appears to have set up the administrative review. Assistant City Manager Mike Woika told the Boca Raton News that the review will be conducted at the July meeting. He said Adam Schlesinger, president of Boca East LLC, was not available to attend the last council meeting.

Six Years Construction of Eden, which was to have been a luxury, four-building condo development, began six years ago. One building is finished, another is partially done and two are just cement skeletons. Also, the proposed use of the buildings has morphed from condos to a possible age-restricted community to luxury rental units.

In an analysis of the Eden situation conducted by Michael Birkman, chief code administrator, even if the developer wins his argument that the permits are still in effect, he has barely three months to complete it before the Sept. 21, 2009 permit deadline expires.

When the council approved the extensions two years ago, they said they would not give the developer any more time. Birkman mused in his report that “completing this project within this limited timeframe is as likely as being able to construct the balance of the project for $27 per square foot.” In his report, Birkman said that the city’s staff “made every effort to be cooperative and flexible to the fullest extent possible” with the developers. “It is unfortunate that our effort is not recognized by the applicant.”

In his letter, attorney Siemon said: “The developer intends to take whatever steps are necessary to protect the project and to proceed with completion of the renovation as soon as possible.” “What is key,” the attorney said, “whether the project is completed by the existing developer or another developer, is to have the completion of the project be ‘ready to go’ in the eyes of a buyer, investor or lender.” What the city is doing, he said, is “counterproductive” to completion of the project."