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Saturday, Feb. 16, 2008

Broker: 3 bids in for Diablo Grande

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As Diablo Grande officials have dealt with debt issues, they have been showing the 33,000-acre golf resort project in western Stanislaus County to potential buyers.

"We have done up to eight tours of the property in the last two weeks," said Craig Stewart, the listing broker for Marcus & Millichap Real Estate Investment Services of Southern California.

Among those who looked over the scenic resort were business people from Northern and Southern California, the East Coast, Europe and the Middle East, he said. They included representatives of development firms and investors who would bring in a developer as a partner or contractor.

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  • CHRONOLOGY


    • 1993: Stanislaus County officials approve a plan to create a 33,000-acre resort in the Diablo Range nine miles southwest of Patterson. The county approves environmental studies, including those dealing with unidentified water sources. Three environmental organizations sue the developer, Diablo Grande, and the county, saying the studies don't comply with state environmental law, charging that the project's full impacts couldn't be measured because developers hadn't identified where the project was going to get water. The studies address only the first five years of what could be a 25-year project, the groups contend.
    • 1994: A Stanislaus County Superior Court judge rejects the lawsuit. The environmental groups appeal.
    • 1996: The appeals court agrees with the environmental groups, reversing the lower court's ruling and ordering more studies. The California Supreme Court agrees with the decision.
    • JUNE 1996: The Ranch course, designed by Denis Griffiths, opens. Golf legend Gene Sarazen hits the first shot.
    • JAN. 1998: The county publishes a supplement to the environmental report, identifying eight potential water sources.
    • MAY 1998: The Legends course, the only one in the world designed by Nicklaus and Sarazen, opens. Sarazen, 96, again hits the first drive.
    • JULY 1998: The county publishes an additional report addressing impacts of drawing water from the eight sources. Officials decline, however to recirculate their environmental studies for additional public comment, and the county Board of Supervisors unanimously reapproves the development, meaning that home construction can begin.
    • AUG. 1998: An environmental group called Protect Our Water files a lawsuit against Diablo Grande and the county. The California and Stanislaus County farm bureaus also sue, and the lawsuits are merged.
    • JULY 1999: Stanislaus County Superior Court Judge Donald E. Shaver sides with the farm bureaus and Protect Our Water and orders Diablo Grande not only to come up with valid water sources, but also to halt construction on a hotel and winery for which the resort already had secured a water source.
    • OCT. 1999: The judge revises his ruling, allowing development of 2,300 acres based on water secured through a deal with the Berrenda-Mesa Water District in Kern County.
    • MARCH 2001: Work takes place on diverting the Kern water allotment from the California Aqueduct.
    • JAN. 2002: A lawsuit filed in Stanislaus County seeks to delay the development, arguing that its water supply still has not had enough study. County Planning Director Ron Freitas said the environmental study is incomplete for the full project, but sufficient for the initial 2,300-acre portion.
    • MAY 2003: Earthjustice files a federal lawsuit, citing potential harm to the endangered San Joaquin kit fox and the threatened California red-legged frog.
    • MAY 2003: Stanislaus County supervisors give final approval for the first housing subdivision at Diablo Grande.
    • DECEMBER 2003: California's 5th District Court of Appeal in Fresno rules that county supervisors erred in December 2001 when they approved a water source for the resort without fully studying it.
    • FEB. 2004: The first residents move into the Villas at Diablo Grande. The environmental group Protect Our Water asks Stanislaus County Superior Court to halt further construction until officials comply with a state court's December decision.
    • MARCH 2004: A Sacramento federal judge approves the project, tossing out the environmentalists' lawsuit. County supervisors reapprove the environmental report regarding Diablo Grande's water source.
    • SPRING 2004: Home construction accelerates.
    • MARCH 2006: A Canadian Tour pro golf tournament is held at Diablo Grande.
    • FEB. 2007: Diablo Grande officials confirm that the sprawling development is for sale.
    • DECEMBER 2007: It is announced that the Ranch course will close until at least March.
    • JAN. 2008: It is announced that the Legends course will close Feb. 2. Diablo Grande officials confirm that the golf operation is in a "temporary suspension mode" because of the downturn in the housing market. They say they don't know how long it will last.
  • THE LIENS


    Several contractors have filed liens against Diablo Grande, seeking to recover unpaid bills, according to Stanislaus County records.

    Chrisp Co. of Fremont
    DATE: April 9
    BILL: $97,455 for stop and street signs

    Horn Electric of Lodi
    DATE: Nov. 5
    BILL: $176,696

    RSC Equipment of Gilbert, Ariz.
    DATE: Nov. 16
    BILL: $2,889

    Thorsens Inc. of Turlock
    DATE: Jan. 18
    BILL: $22,201 for plumbing

    Oak Valley Community Bank
    DATE: Jan. 24
    BILL: $898,684, defaulting on a loan payment

    Mountain Cascade of Livermore
    DATE: Jan. 25
    BILL: $17,363 for installing a water line
    Source: Stanislaus County clerk-recorder
  •   PDF Graphic: Diablo Grande Facts
  •   Water company might cut off Diablo Grande
  •   Diablo Grande's money woes escalate

The real estate firm has received three offers, which will be considered by the Diablo Grande partners, Stewart said.

The broker said he was bound by confidentiality deals not to identify the suitors or disclose details of the offers. Diablo Grande officials were not available Friday to confirm whether they were considering offers or to discuss the future of the development.

Marcus & Millichap has listed Diablo Grande for sale since early November at an asking price of $150 million. The three offers were in the neighborhood of the listing price, Stewart said.

Diablo Grande, set amid rolling hills southwest of Patterson, has plans for 2,300 homes, five golf courses, a hotel and conference center, a wine tasting room and commercial development. It's in the first phase of development with two golf courses and about 400 homes completed.

The project has suffered from the recent housing market doldrums. Management closed the Ranch golf course in December and shut the Legends course and clubhouse late last month, saying the closures were temporary while the owners tried to restructure the project.

Residents despaired when the company that operates the water treatment plant, supplying drinking water to the homes, threatened in a Feb. 4 letter to terminate its contract and cease operation of the plant March 1 over $3 million in unpaid debt on construction of the system.

The project has been in default on a $900,000 payment on a bank loan, and mechanics' liens worth $317,000 have been filed in recent months.

Diablo Grande apparently has made progress on the water issue. Veolia Water North America said this week it expected to keep operating the treatment plant after March 1 based on a pending agreement to extend the debt payment period.

"We got word from (Diablo Grande) Tuesday that they are going to sign the document by March 1 and we are going to be moving forward," said Charles Volz, a regional president for Veolia Water.

The Western Hills Water District, which provides water and sewer services for Diablo Grande, also owes the city of Patterson for waste-water treatment. Waste water from Diablo Grande is piped to a connection with Patterson's sewage system.

The district has accumulated an unpaid balance of $74,478 since March 2007, City Manager Cleve Morris said Friday. The city is trying to set a meeting with Diablo Grande to discuss the matter.

Stewart said the debts shouldn't be a stumbling block to selling the project. "My understanding is the debt is relatively minor compared to the value of property," he said. "It hasn't been an issue for anybody looking at it."

Despite the market doldrums, Diablo Grande is attractive to developers because it has cleared environmental review and has land-use approvals from the county, he said. Diablo Grande was beset with numerous lawsuits as it went through the approval process in the 1990s, but any buyers won't have to fight those battles, Stewart said.

He said the potential buyers expressed an interest in developing the remaining phases of the project as is. "It's just a matter of waiting for the housing market to firm up again," he said.

Donald Panoz, a pharmaceutical industry entrepreneur and a principal owner of Diablo Grande, hasn't publicly discussed his future role if a sale takes place.

County Supervisor Jim DeMartini said he has an appointment to meet with Panoz at the resort today to get an update.

DeMartini doubted the time is right for selling but believes the project could get a boost from building a planned four-star hotel at the resort. He added that Diablo Grande needs to resolve the debt issues.

"They need to get all of this settled," he said. "I believe Don Panoz should have plenty of (resources) to do this. I just don't know what his financial arrangements are with his partners."

Kay Gardali, a golf member from Turlock, said she was encouraged to hear the project has potential buyers.

"It's a beautiful project and we love the golf course," said Gardali, who owns a second home at Diablo Grande with her husband. "I just don't think it has come to its full potential."

Bee staff writer Ken Carlson can be reached at kcarlson@modbee.com or 578-2321.

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