Signature H and the Klein Estate unable to find common ground in order to move forward

Principals for the Estate of Julian (Larry) Klein and the New Errol Project developer Signature H Property Group released statements over the weekend that suggests the gulf between the two parties seems to be widening.

Back in July, the Klein Estate halted operations on the New Errol Project, but at that time Signature H Vice President Helmut Wyzisk III was optimistic that the development would be back on track soon.

 “Many of you have noticed that the clubhouse at the Apopka Golf & Tennis Club will be closed for “an undisclosed amount of time,” Wyzisk said in a statement on July 18th. “This is an action that has been taken by the Estate of Julian Klein, which has taken control of the premises following Mr. Klein’s recent passing. While we at Signature H are committed to the renewal of Errol, Mr. Klein’s estate and the personal representative of the estate are reviewing the agreements for the redevelopment to understand how to move forward. We are in contact with the attorneys for the estate and are working to keep all the development plans on track to realize Mr. Klein’s dream of a signature golf club of which all the members of the Errol Community can be proud.”
 However, almost three months have passed and communications have broken down to the point that the possibility of the New Errol Project never resuming operations looms large.
In a critical statement released on October 13th, estate representative Andrew Klein claims that Signature H has not provided documents they requested back in July that account for cash advances made to Signature H.

“Julian (Larry) Klein (and upon his death his Estate) has spent millions of dollars trying to revitalize this community.  That money was expended through a series of advances to companies known as NEW ERROL PARTNERS, LLC and SIGNATURE H PROPERTY GROUP LLC.  The public records of the State of Florida (online at sunbiz.org) do not indicate Mr. Helmut Wyzisk Jr. or Helmut Wyzisk III have any official role in those companies and the only name that appears in connection with those companies is Mr. Jonathan D. Leinwand, an attorney in Aventura, Florida. Note, for example, that the Manager for New Errol Partners LLC is listed as SIGNATURE H PROPERTY GROUP LLC.  The managing member of SIGNATURE H PROPERTY GROUP LLC is listed as BENTLEY CAPITAL GROUP LLC.   The public records show that BENTLEY CAPITAL GROUP LLC is an inactive limited liability company since September of 2003 and there is no indication in the public records that either Mr. Wyzisk or Mr. Leinwand has or had anything to do with that dissolved company.

The Estate has been demanding an accounting as to all money advanced to these companies.  The responses to those demands have not been, in the opinion of the Estate’s legal counsel, adequate.  To that end, the Estate has subpoenaed records that should assist in that regard.  Despite any public comments by anyone to the contrary, no records have been produced thus far by NEW ERROL PARTNERS, LLC or SIGNATURE H PROPERTY GROUP LLC.  Those records may be produced next week but that is by no means certain.  That will, apparently, be up to Mr. Wyzisk (Jr. or III) and the lawyers acting at their direction.  The Estate simply wants to know where Mr. Julian Klein’s money entrusted with the companies apparently set up by Messrs. Wyzisk went.

The Estate will, of course, cooperate with Mayor Bryan Nelson and all Apopka City officials in the matter.”

Then, in an equally scathing response, Wyzisk said that representatives from the estate not only have the information they requested but also claims the estate will not communicate directly with Signature H in order to resolve the issues.

“The Estate of Julian Klein has again shown that they have no interest in moving forward to revitalize Errol Estate as envisioned by the late Julian “Larry” Klein, but instead are either ignorant of the way corporations operate or are intentionally seeking to mislead the Errol community. Despite their contention, Sunbiz.org does not tell you the ownership of a company. It merely provides notice of the manager of limited liability company and its registered agent. A registered agent is a contact for the company within the state that is available to receive official documentation. That having been said, the Estate has been provided with the operating agreement of New Errol Partners LLC that shows its ownership, including the late Mr. Klein and 5thHole Investments LLC. The fact we’re learning about this new “concern” via social media is a testament to the lack of communication we’ve been provided with the Estate.

Just to be fair though, looking at the listing on Sunbiz for 5thHole Investments it becomes more obvious the knowledge of corporate filings is not the Estate’s strong suit. No manager is listed for 5thHole, but under authorized persons it states:

Authorized Person(s) Detail

Name & Address

Title Estate of Julian L. Klein

KLEIN, ROBERT, P.R.

1583 CHAMPIONSHIP CT

APOPKA, FL 32712

This does not provide the information required by the Florida statutes. Maybe the Estate is not the Manager as they claim and don’t want to perjure themselves by stating so in a filing, so they intentionally left out the “Title” Manager. Maybe it was a typo. We don’t know as the Estate has refused to have a meeting to review the development plan that Larry and Andrew Klein worked on so closely with Signature H and New Errol.

Looking at the filing for New Errol Partners LLC it states:

Authorized Person(s) Detail

Name & Address

Title MGR

SIGNATURE H PROPERTY GROUP LLC

1420 CELEBRATION BLVD.

CELEBRATION, FL 34747

This clearly states that Signature H Property Group is the Manager of New Errol and Signature H has a website clearly showing who its management is: http://signatureh.com/the-team/

The Estate also tries to insinuate that Jonathan Leinwand, an attorney, is somehow the only one associated with New Errol and Signature H. Mr. Leinwand is listed as the registered agent. He has been counsel to Signature H and New Errol and also, at the request of the late Mr. Klein, was instrumental in successfully settling lawsuits affecting Errol Estate. These lawsuits were not against New Errol or Signature H but were settled with the help of Mr. Leinwand who did so to assist Mr. Klein in clearing away the remnants of past failed attempts to rehabilitate the property.

The Estate also suggests the Manager of Signature H, Bentley Capital Group, is a dissolved Florida entity. However, they’re clearly researching a similarly named entity in the wrong state. Again, an embarrassing mistake that could be easily avoided if the Estate would agree to meet in person to address questions or concerns.

Signature H and New Errol seek to work with the community transparently as evidenced by the hundreds of open houses held during the planning stage. Prior to the Estate notifying us that they intended to subpoena information we voluntarily provided the following information:

  • all Signature H expenses (detailed by the recipient and by year)
  • descriptions of each recipient (i.e. contractor) and their role in the development
  • Signature H Profit and Loss statement
  • all New Errol Partners bank transactions along with an accounting
  • multiple executed agreements (including New Errol Partners Operating Agreement and Joint Venture Agreement between Signature H and Julian Klein)
  • and the entire project Master Plan which is a direct reflection of the immense work and resources that went into this project

After providing this amount of voluntary information we expected the Estate to feel confident enough with the project’s history to provide an in-person meeting, or even a phone call to continue moving forward. Instead, the Estate has continually refused to discuss any plans to advance the project according to our signed agreements. To be frank, we do not understand this posture by the Estate. Signature H spent over two years developing this project which included architecture, engineering, planning, soil testing, significant legal resources, marketing, which all resulted in a successful approval, and all at a cost far below industry standard. Not to mention, any entrusted funds were spent under the knowledge and sometimes direction of the late Mr. Klein. To question “where entrusted funds went” even after receiving significant information, while also refusing to communicate with us, is very perplexing to our team. Nevertheless, we are willingly complying with the Estate’s latest request for additional information and hoping they realize both the project and those involved have operated with the highest integrity. Signature H remains confident in New Errol and is continuing to move forward with all potential avenues to resume its progress.”

The proposed $150-million project, which was approved by the Apopka City Council in March, includes 264 new residences, a redesigned championship golf course, a 15,000 square foot clubhouse with restaurant, a boutique lodge hotel, a two-acre water park, outdoor parks and trails, and an Adult Living Facility.

11 COMMENTS

  1. So sad it has come to this, ie. He said she said, It was sad that Mr. Klien passed when he did, but the family is destroying his dream, to the point I doubt I will ever see it come to fruition in my lifetime. It is time to at least clean up the mess that they have caused by the shutdown or get off the pot, the poor homeowners are the ones suffering here an that is not right it is blight in the city.

  2. Maybe the residence of Errol Estate needs to find a lawyer that will file a Class Action suit against the Kline Estate since property value has been impacted by the refusal of the Estate to move forward with New Errol. Signature H and Mr. Kline engaged the residence in their plans and received approval. Now we have a blight in our back door with just a promise to mow the grass, which isn’t being done weekly or biweekly as the residence are required too do. Someone has to be responsible for the upkeep of the golf course and the club house and surrounding area even though it isn’t in operation. My understanding is the zoning on some of the property has already been zoned for residential. I’m sure our residential property would be in the sights of Code Enforcement if it was in the state of disarray as the Club House and property is.

    • Diane you obviously have no idea about what is going on in fact you can’t even get the Klein ‘s name spelled correctly. I would suggest that you move if your backyard views are so upsetting to you.

      • Hard to move at the moment. Nobody want’s to buy a property that’s future is up in the air. Especially when the golf course and clubhouse is not being maintained. The Klein family needs to think of the bigger picture (and others) and make a decision to move on or move forward. To hold this property hostage after so much work and money has already been put forth is a complete disgrace. It not only affects the residents but the entire city of Apopka’s future.

  3. What is perplexing to me is that, considering Mr. Klein’s (Larry) advanced age, that no contingency was put in place to move forward should he pass? That’s borderline bizarre. I can only assume that the family was not in agreement with what Mr. Klein was doing with regards to Signature H and are using his passing as the vehicle to express their discontent and to derail the process legally so as to ensure a slow death by litigation. Quite a shame. I’ve lived in Errol for 30 years and have seen it change from a mid-high end golf & tennis community with involved residents to ‘just another housing development off the beltway’. To watch a Joe Lee designed course (who also designed the Magnolia and Palm course at Disney) deteriorate into pastureland is, as an avid golfer, heartbreaking. Couple that with the attendant decay that follows and you can’t help but shake your head in disgust and resignation. As soon as I saw the legal machine kick into gear on this one I knew the epitaph was all but written.

  4. Might it be time for the mayor and council and those responsible for starting this project to ALL sit down and discuss the ‘obstacles’ to moving forward…as it is the CITY’s responsibility to make sure that Errol Estates is a safe and ‘clean’ area to live in since citizen taxes are spent for that purpose……..imo

  5. Diane C. There are several case laws in reference to that. The residents could file for millions of dollars for lost property values and emotional damages. One golf course recently won the suit in negotiations and obtained the golf course property. Something to consider posting on Nextdoor for all the residents to see.

  6. Class action suit seems like and interesting idea. I agree someone should post it on Nextdoor and see if there is an attorney in the neighborhood willing to take this on.

  7. Diane C that sounds wonderful but not sure the Kline estate has any money left due to all those who have swindled them over the past several years. Might be another reason they are trying their best to keep up on the maintenance. Show a little more compassion after all the just suffered a great loss to their family.

  8. Hi Bob K. apparently sounds like you are with the estate. I don’t think the above comments were to bankrupt your estate, as those would be horrible intentions which I do hope is not the case. However, I think the residents are getting restless due to the lack of communication. The estate has the right to let go of the property and sell it since maintaining the grounds is such a hassle, or work out an agreement with a developer that already wants the property. However, you guys have not stated your intentions rather are working in the shadows which makes everyone suspicious. Even if it doesn’t align with what the residents want be brave enough and confident and what you guys want to do and let everyone know. I have researched the mentioned case law and posted on Nextdoor for those who feel hopeless. I have been private messaged by some who don’t want to harm the estate rather they just want the plan to move forward. I think there is compassion for your great loss, but time is running out for the business deal to move forward which you guys are in a great state of negotiations hence the desperation of residents.

LEAVE A REPLY

Please enter your comment!
Please enter your name here