Oxbow Country Club claiming to be “Flood Free”
prior to any buyouts or construction activity.
(Click for Large View)
In 2013 the Cass County Tax Assessor placed a value of the entire Oxbow Country Club at $1,000,300.00 (read more…) ($55,572.22 per golf hole).
An independent 240 page appraisal dated November 26, 2013 (read more…) – conducted by Integra Realty Resources, prepared specifically for the Cass County Joint Water Resource District, placed the Oxbow Country Club valuation at $3,250,000 ($180,555.56 per golf hole).
As of June 30, 2018 North Dakota taxpayers have coughed up around $32,054,262.56 (read more…) ($1,780,792.36 per golf hole) for the private and exclusive Oxbow Country Club and the blank check appears to remain open with only one restriction stating that “Oxbow CC agrees that the gross dollar value of any change orders requested from and after the Effective Date shall not exceed One Million Dollars ($1,000,000)” set as January 1, 2018.
The overall OHB (Oxbow, Hickson, Bakke) project was touted as a financially responsible $65 million mitigation project (view original OHB estimate) (read more…). Yet, it morphed into a forced $129+ million taxpayer obligation, give or take a few million due to shoddy books provided by the FMDA (Fargo Moorhead Diversion Authority), under the “narrative” that Oxbow was flood prone, despite Oxbow Mayor Jim Nyhof indicating in his 2011 letter to Terry Birkenstock (USACE) (read more…) that Oxbow had nearly 500 year flood protection – prior to any discussion of an OHB ring dike.
Was the Oxbow project fiscally prudent, especially given the statewide funding cuts and rising property tax bills? The FMDA project is facing a temporary injunction, permit denial, lack of adequate funding, declining sales tax and a languishing “Plan B” that is essentially Fargo’s attempt to re-litigate a re-branded “Plan A”.
If this doesn’t make you concerned or the least bit curious, read no further…
Oxbow’s scheme began several years ago. In this November 2011 email (obtained via open records request) from Jim Nyhof to Oxbow city council members (read more…), Mayor Nyhof appears to be collaborating with the Oxbow Country Club (read more…) to force Oxbow residents to become club members in an effort to generate a taxpayer subsidized windfall for Oxbow Country Club members if the FMDA were to “buyout” the golf course.
Having served on the OHB PDT (project design team) as a representative for Bakke residents, I repeatedly requested a copy of the Oxbow Country Club design plans during the OHB PDT meetings, to no avail. Is it mere coincidence that the OHB PDT meetings ceased on or around the same date(s) that the CCJWRD (Cass County Joint Water Resource District) entered in a “Master Agreement” (read more…) with Oxbow Country Club in Jan 2015?
There was never a mention or discussion of the “Master Agreement” (read more…) during our meetings, only a vague reference to the Oxbow MOU as being a “living document” that was open to revisions.
The “Master Agreement” (read more…) between the CCJWRD and Oxbow Country Club specified three dollar amounts and delineated terms for each amount listed below:
| $3,250,000 | Original Oxbow Country Clubhouse |
| $6,650,000 | Relocation |
| $600,000 | Original 7 holes |
|
|
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| $10,500,000 | Oxbow Country Club Buyout |
On January 21, 2015 Oxbow Country Club received a wire transfer in the amount of $10,499,448.34 listed as “Relocation Assistance” (read more…).
However, the $3,850,000.00 buyout of the old Clubhouse (read more…) and 7 lower golf course holes (read more…) and $6,650,000 in “relocation assistance” is not the only windfall bestowed upon Oxbow Country Club. Purchase agreements contained within the “Master Agreement” (read more…) made it possible for Oxbow Country Club to purchase 125.09 acres for new course holes (read more…) and a 9.17 acre lot for the new clubhouse (read more…) for $1.00 each. Nearly $3.5 million in land, paid for by North Dakota taxpayers, was transferred to the Oxbow Country Club for the sum of $2 dollars.
Wait…, it gets worse…
“Lease Agreements” contained within the “Master Agreement” (read more…) indicate that the Oxbow Country Club would be able to continue occupying the old clubhouse (read more…) and play the lower course holes (read more…) for the sum of $1.00 rent per year, respectively, while the new course holes and clubhouse were being constructed.
It is truly mind-boggling that the Oxbow Country Club was able to finagle their 13,879 square foot old clubhouse into a brand new 33,566 square foot clubhouse on the taxpayer dime, given this excerpt from the “Master Agreement”(read more…);
2. Relocation. The Water Resource District and Oxbow CC agree that a functionally equivalent clubhouse with a floor plan of equivalent size, adjusted as needed to accommodate modern code requirements, and including a swimming pool and related equipment and amenities, appropriate landscaping (to include trees, lighting, retaining wall and other elements) will cost an estimated sum, in addition to the sum to be paid for the Existing Clubhouse Lot and the Existing Seven Golf Holes Lot as identified in subparagraph 1.A above, of $6,650,000.
Even more bizarre is how Oxbow Country Club sold 62.56 acres and received 134.27 acres for two measly dollars.
So what would compel the FMDA to give another $2.43 million (read more…) to the Oxbow Country Club via the CCJWRD?
Upon request, the CCJWRD produced this invoice dated May 29, 2018 (read more…). For reasons not disclosed and extremely vague, the CCJWRD amended the “2015 Master Agreement” (read more…) obligating North Dakota taxpayers to another $2,433,697.25 in funding to the Oxbow Country Club.
How could the Oxbow Country Club be out of money?
Oxbow Country Club received $10.49 million in Jan 2015 and there has been steady flow of North Dakota taxpayer money (read more…) funding the Oxbow golf course construction.
Cass County Tax Assessor records indicate building permits for the new clubhouse and pool to be $4,453,000.00 (read more…) and a property valuation of only $2,747,100.00 (read more…) – so where did the other $6,046,448.34 go?
Is it time for a forensic audit yet? It would be interesting to see exactly what pockets were filled at the taxpayers expense.
The depth of collusion and complicity in the FMDA project is staggering…, and it all leads to higher taxes and future property tax assessments.
One way or another, the wealthy welfare needs to to end…
Master Agreement
• 2015-01-08 – Master Agreement Oxbow County Club & CCJWRD – Entire Document
Master Agreement – Individual Files
• 2015-01-08 Master Agreement Oxbow Country Club
• [ Exhibit A ] 2015-01-08 Purchase Agreement ( old Oxbow Country Clubhouse )
• [ Exhibit B ] 2015-01-08 Purchase Agreement ( 7 holes )
• [ Exhibit C ] 2015-01-21 Lease Agreement ( old Oxbow County Clubhouse )
• [ Exhibit D ] 2015-01-21 Lease Agreement ( 7 holes )
• [ Exhibit D-2 ] 2015-01-08 Site Plan
• [ Exhibit E ] 2015-01-21 Purchase Agreement Replacement Oxbow County Clubhouse Lot
• [ Exhibit F ] 2015-01-21 Purchase Agreement Replacement Golf Holes
• [ Exhibit G ] 2015-01-19 Temporary Construction Easement
• [ Exhibit G-2 ] 2015-01-19 Temporary Construction Easement Site Map
• [ Exhibit H ] 2015-01-21 Collateral Real Estate Mortgage OCC
• 2018-04-12 – Assignment of Master Agreement to City of Oxbow
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