Agenda 01/24/2017 Item #16A 2
EXECUTIVE SUMMARY
This item requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve
Petition VAC-PL20140000235, to vacate the 2.35-foot wide conservation easement as recorded in
Official Record Book 4251, Pages 1007 through 1018, of the public records of Collier County,
Florida, being a part of Tract M-1, Stella Maris, and approve an Amendment to the Settlement
Agreement and General Release, dated June 26, 2007, as recorded in Official Record Book 4251,
Pages 1019 through 1024.
OBJECTIVE: To adopt a Resolution to vacate the 2.35-foot wide conservation easement as
recorded in Official Record Book 4251, pages 1007 through 1018, of the public records of
Collier County, Florida, located in Tract M-1, Stella Maris, as recorded in Plat Book 26, pages
26 through 27, of the public records of Collier County, Florida, and also being a part of Section
9, Township 52 South, Range 28 East, Collier County, Florida, being more specifically shown in
Exhibit A; and to approve an Amendment to the Settlement Agreement and General Release,
dated June 26, 2007, as recorded in Official Record Book 4251, Pages 1019 through 1024, to
allow angled boat docks along the seawall in the Port of the Islands.
CONSIDERATIONS: Petition VAC-PL20140000235 has been received by the Development
Review Division, Growth Management Department, from Villages of Stella Maris Master
Association, Inc., to vacate the 2.35-foot wide conservation easement as recorded in Official
Record Book 4251, pages 1007 through 1018, of the public records of Collier County, Florida,
located in Tract M-1, Stella Maris, as recorded in Plat Book 26, pages 26 through 27, of the
public records of Collier County, Florida, and also being a part of Section 9, Township 52 South,
Range 28 East, Collier County, Florida.
The County was granted the subject conservation easement pursuant to the terms of a Settlement
Agreement, dated June 26, 2007, between the County, the original property owner, POI
Development, Inc., and the current property owner, Villages at Stella Maris Master Association,
Inc. The County had originally approved a boat ramp for the subject property as part of the Stella
Maris III site development plan in 2003, but subsequently rescinded its approval due to
environmental concerns that the boat ramp approval conflicted with the intent of the Collier
County Manatee Protection Plan (MPP) to limit the number of boats utilizing the Port of the
Islands. However, the developer had already entered into numerous contracts for sale of the
property based in part on the County’s approval of the boat ramp, so the parties entered into the
Settlement Agreement to avoid potential litigation. As part of the Settlement Agreement, the
developer agreed to grant the County a conservation easement over its seawall to ensure that no
boats would dock alongside the seawall, in exchange for the County permitting the use of a
private boat ramp that would service no more boats than could have docked alongside the
seawall in a marginal wharf configuration, which County staff opined which was consistent with
the intent of the MPP. A copy of the Executive Summary for the original Settlement Agreement
is attached hereto.
16.A.2.d
Packet Pg. 491 Attachment: First Amendment Settlement Agreement documents 2015 [Revision 1] (2504 : Stella Maris Second Settlement Agreement)
The boat ramp was never constructed, and now the current owner would like to vacate the
conservation easement to allow for construction of boat dock improvements in place of the
previously contemplated boat ramp. County staff and the owner agree that the intent of the MPP
will be preserved by allowing the construction of boat docks to accommodate a maximum of 39
boats, each no more than 22 feet in length, which is consistent with the maximum number and
size of boats that would be permitted under a parallel marginal wharf configuration along the
seawall.
The MPP limits the docks in the Port of the Islands area to a marginal wharf configuration. The
owner, however, would like to construct the docks in an angled, non-marginal wharf
configuration. The intent of the requirement for the marginal wharf configuration in the MPP is
to limit the number of boat slips in proportion to the length of available shoreline; there was no
intent to limit protrusions into the waterway. As such, it does not matter whether the boats are
parallel or angled, as long as there is a limit on the total number of boat slips. A non-marginal
wharf configuration has also previously been approved in Port of the Islands for another nearby
development, Sunrise Cay II, through BCC approval of Settlement Agreement ADA-2008-AR-
14059 (Agenda Item 17E, September 15, 2009 BCC Meeting). In the case of Sunrise Cay II, it
was decided that the intent of the MPP could be met if the applicant and the County were willing
to enter into a settlement agreement. The agreement limited the number of boat slips to no more
than would be allowed by the application of the marginal wharf criteria, but in an alternate
configuration. Therefore, the alternative non-marginal wharf docking configuration of Stella
Maris will be treated in similar fashion to that of Sunrise Cay II by specifying a maximum
number of boat slips.
In order to vacate the conservation easement, the Settlement Agreement must be amended to
remove the conservation easement requirement and update the terms of the Settlement
Agreement to reflect the current proposal to allow the above mentioned non-marginal wharf boat
dock improvements instead of the boat ramp. Moreover, the Amendment will provide that the
County’s approval of the dock improvements will be contingent upon the owner obtaining all
other applicable permits and approvals, including but not limited to a Site Development Plan
Amendment and Boat Dock Extension. A copy of the Settlement Agreement is attached hereto.
The Development Review Division has reviewed the vacation petition and found no reason for
objection. Letters of no objection from abutting property owners have been received from all
who responded.
The Environmental Planning Section has reviewed the Settlement Agreement amendment and
recommends approval.
FISCAL IMPACT: Growth Management Department, Planning and Regulation staff has
collected a $2,000 “Petition to Vacate” fee from the petitioner which covers the County’s cost of
recording and processing the Petition.
GROWTH MANAGEMENT IMPACT: The settlement agreement has been reviewed against
Objective 10.1 and Policies 7.2.1 and 7.2.3 of the Conservation and Coastal Management
Element within the Collier County Growth Management Plan and found to be in compliance
16.A.2.d
Packet Pg. 492 Attachment: First Amendment Settlement Agreement documents 2015 [Revision 1] (2504 : Stella Maris Second Settlement Agreement)
because the provisions of the Settlement Agreement amendment meet the intent of the County’s
Manatee Protection Plan for this area.
LEGAL CONSIDERATIONS: This request to vacate a conservation easement is consistent
with the County’s vacation procedures under Resolution 2013-166, and Section 704.06(4),
Florida Statutes, which states that “A conservation easement may be released by the holder of the
easement to the holder of the fee even though the holder of the fee may not be a governmental
body or a charitable corporation or trust.”
This item has been approved as to form and legality and requires a majority vote for Board
approval -- SAS
RECOMMENDATION: That the Board of County Commissioners: 1) approves the attached
Resolution, relating to Petition VAC-PL20140000235, which will vacate the County and public
interest in the 2.35-foot wide conservation easement as recorded in Official Record Book 4251,
Pages 1007 through 1018, of the public records of Collier County, Florida, being more
specifically shown in Exhibit A; 2) approve an Amendment to the Settlement Agreement and
General Release, dated June 26, 2007, as recorded in Official Record Book 4251, Pages 1019
through 1024; and 3) direct the Clerk to the Board to record a certified copy of the Resolution in
the public records of Collier County, Florida
Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review
Division, Growth Management Department, Planning and Regulation
Attachments: 1) Resolution w/exhibits, 2) Settlement Agreement Amendment, 3) Original
Settlement Agreement 16A9, 4) Settlement Agreement Executive Summary, 5) Conservation
Easement.
16.A.2.d
Packet Pg. 493 Attachment: First Amendment Settlement Agreement documents 2015 [Revision 1] (2504 : Stella Maris Second Settlement Agreement)
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Packet Pg. 494 Attachment: First Amendment Settlement Agreement documents 2015 [Revision 1] (2504 : Stella Maris Second Settlement Agreement)
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Packet Pg. 495 Attachment: First Amendment Settlement Agreement documents 2015 [Revision 1] (2504 : Stella Maris Second Settlement Agreement)
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Packet Pg. 496 Attachment: First Amendment Settlement Agreement documents 2015 [Revision 1] (2504 : Stella Maris Second Settlement Agreement)
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Packet Pg. 497 Attachment: First Amendment Settlement Agreement documents 2015 [Revision 1] (2504 : Stella Maris Second Settlement Agreement)
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Packet Pg. 498 Attachment: First Amendment Settlement Agreement documents 2015 [Revision 1] (2504 : Stella Maris Second Settlement Agreement)
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Packet Pg. 499 Attachment: First Amendment Settlement Agreement documents 2015 [Revision 1] (2504 : Stella Maris Second Settlement Agreement)
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Packet Pg. 500 Attachment: First Amendment Settlement Agreement documents 2015 [Revision 1] (2504 : Stella Maris Second Settlement Agreement)
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Packet Pg. 501 Attachment: First Amendment Settlement Agreement documents 2015 [Revision 1] (2504 : Stella Maris Second Settlement Agreement)
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Packet Pg. 502 Attachment: First Amendment Settlement Agreement documents 2015 [Revision 1] (2504 : Stella Maris Second Settlement Agreement)
16.A.2.d
Packet Pg. 503 Attachment: First Amendment Settlement Agreement documents 2015 [Revision 1] (2504 : Stella Maris Second Settlement Agreement)
164 g
EXECUTIVE SUMMARY
Recommendation to approve a Settlement Agreement between POI Development, Inc.,
Viltages at Stella Maris Master Association and Collier County regarding the construction
of a private boat ramp to serve the Villages of Stella Maris
OBJECTIVE; To have the Board of County Commissioners (BCC) approve a Settlement
Agr*r""t b.fueen POI Development, lnc., Villages at Stella Maris Master Association and
Ciltier County regarding the construction of a private boat ramp to serve the Villages of Stella
Maris.
CONSIDER.{TION; In July 2003, County staff approved SDP 2002-AR-3364 (Port of the
ffiI)withl0spacesforboat/trailersandaprivateboatramp.Staffapproved
the SDp but failed to check the SDP for compliance with the Manatee Protection Plan (MPP).
Staff has applied the MPP in the Port of the lslands area to allow only a marginal wharf
configuration for multi-family developments thus excluding any private boat ramps. (See the
MpP-Requirements section below for further discussion.) As a result of the applicant attempting
to obtain a U.S. Army Corps of Engineers permit, the U.S. Fish and Wildlife Service in early
May 2005, two years atter approval of the original SDP, consulted with County statT for MPP
consistency and was told by County staff that the proposed boat ramp was not consistent with the
MPP.
Once staff became aware of the boat-ramp issue, staff took the fol lowing act io ns:
l. Placed a hold on any building permits to construct the boat ramp. County inspectors posted a
notice on site to insure that the contractor did not begin any construction of the boat ramp'
Z. Required the engineer of record to amend the SDP to be an accurate as-built drawing,
renroving the boit ramp. Staff told the applicant in May 2005 to amend the SDP and offered
to waive the review fee.
3. Intbrmed the owner that it was a violation of his SDP to allow it to satisfy boat parking
requirements from a difTerent SDP.
4. Required the owner to submit an SDPI, amending the SDP to remove the boat ramp and
include the marginal wharf that is permitted with the maximum boat slips that would fit
along their shoreline, Staff agreed to waive review fees that would be required to remove the
boat ramp from the documents.
In August 2005, Environmental Services Department staff and staff from the County Attorney's
office met with the Developer's attorney to discuss the issue in the context of a potential lawsuit.
StafT is unaware of any further discussion of this matter until December, 2006 when a zoning
letter request was received f'rom a realtor regarding the denial of construction of the boat ramp.
The realtor was concerned that the Developer was continuing to assure prospective owners at
sales meetings that the ramp will be constructcd and the purchasers were thrcatening a class
action suit, Further meetings with the Developer in early 2007 lEd to the proposed Settlement
Agreement.
16.A.2.e
Packet Pg. 504 Attachment: Original Settlement Agreement documents 2007 (2504 : Stella Maris Second Settlement Agreement)
164 9
Manatee Protection Plan Requirem$nts
Th, f,rllt"-t
"f
the MFF that addresses the Port of the lslands area is presented as Attachment l.
Section 4.6.3 of the Manatee Protection Plan states that "multi-fhmily residential docks should be
restricted by allowing only marginal wharves along the waterfront of multi-family areas with no
finger piers of "T" docks allowed." Staff has applied this provision to exclude boat ramps within
the-mutti-family area since boat ramps are not listed as an allowed t'acility' (The reference to the
boat ramp in the 4.6.2 refers to the existing ramp at the commercial marina.)
The effect of marginal wharves is to limit the number of boats to that which can be located in a
parallel configuraiion along the waterfront of the multi-family areas. Thus boat traffic in this
area is limited to the number of boats that can be moored parallel to these waterfront areas.
County staff and the developer agree that the number of boats allowed along this area in a
marginal wharf configuration would amount to 39 boats.
Effect of the Settlement Asreement
ff,e int*i of tne Settlement Agreement is to allow the construction of a boat ramp to service
onty those boats that would otherwise be allowed in a marginal wharf configuration. In this
fashion, the County contends that the amount of boat traffic in this area would be commensurate
to that of a marginal wharf configuration for this location thus meeting the intent of the Manatee
Protection Plan. The provisions of the Settlement Agreement that ensures the County adheres to
the intent of the Manatee Protection Plan include:
r The boat ramp shall be used solely by Condominium owners and residents and shall not be
open to guests of owners;
r No more than 39 registered boat owners will have launching privileges from the boat ramp in
order to limit the number of boats that would be generated from a marginal wharf
configuration fiom the adjacent seawall now owned or controlled by the Developer or its
afTiliates:
. The Developer shall impose a conservation easement acceptable to the County over the
seawall that will prohibit the construction of boat slips or docks.
FISCAL TMPAQT: By entering this Settlement Agreement, the County receives protection
fr"* a"y
"rti"*
the developer may take against the County relating to this issue.
GROWTH MANAGEMENT IM.PACT: This action is consistent with Conservation and
Coastal Management Element Policy ?.2.1 since the provisions of this Settlement Agreement
meet the intent of the County's Manatee Protection Plan for this area.
LEGAL CONSIDERATIONS: This proposed Agreement was drafted and approved by the
County Attorney's Office. -JAK
RECOMMENDATION: That the BCC approve the attached Settlement Agreem€nt between
@.,vi|lagesatStellaMarisMasterAssociationandCol|iercounty
regarding the construction of a private boat ramp to serve the Villages of Stella Maris.
pREPARED BY: William D. Lorenz Jr., P.E., Environmental Services Department Director
16.A.2.e
Packet Pg. 505 Attachment: Original Settlement Agreement documents 2007 (2504 : Stella Maris Second Settlement Agreement)
164
Attachment I
Manatee Protection Plan ExcerPts
Port of the Islands
4.6 Port of the Islands
port of the lslands and the Faka-Union Canal contains the highest concentration of manatees in
Collier County especially during the winter season. Because of the high concentration of
manatees present in this area special consideration must be given for this location.
tncreased manatee awareness by both the resident and transient boaters is essential for protecting
the manatees, The County should encourage the Port of the lslands Homeowners Association to
adopt the following:
4.6.1 Port of the Islands should be required to include a manatee informational brochure in the
closing documents of all real estate transactions on the waterfront. This brochure will include
g.n.rul information on manatees and how to spot them along with details of the POI speed zones
and the maximum fine of $500.00 for violating these zones.
4.6.2 pOI should incorporate a description of the speed zones and potential fines for violating
these zones into the boat rental agreement to be signed by renters. Ramp users will also be
required to sign a list stating they understand the speed zones and potential
fines.
4.6.3 Shoreline devetopment within the manatee sanctuary at Port of the lslands will be restricted
as follows:
l. Single family residential docks should be restricted to one power boat slip per 100 feet of
shoreline or increments thereof with one power boat slip allowed tbr single family property lots
with less than 100 feet of shoreline.
2. Multi-family residential docks should be restricted by allowing only marginal wharves along
the waterfront of multi-tamily areas with no finger piers of "'1" docks allowed.
3. The commercial marina should be restricted to the total 175 slips currently permifted. lf future
demands exceed this number then additional slips may be permitted only after proving no further
deleterious efTects to manatees have occurred subsequent to the adoption of this plan.
16.A.2.e
Packet Pg. 506 Attachment: Original Settlement Agreement documents 2007 (2504 : Stella Maris Second Settlement Agreement)
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lil'lilr. r?r rL00r 1 6 A 9THIS NSTRUMENT PREFARED BY & KETURN TO:
NAME: Andrew J. wozniak, Esg-
IDD,RESS: Salvatori & Wood, P. L.
4001 Tamiami Trai-I N
Suite 330
p,anc'Lt.p.Nryles' FL 34'l 03
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CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT given this +e+$- day of
May .-., ---J 20 oz ' by fName of Grantor]
trOT .Derrel nFrmerlt , T nn. ,,
ffi Derrar qrprnent .); as Grantor, whose address ls
[address of Grantor] lf,Sft Jvlyrtl.re' L;
to Collier County, Florida, a political
(hereinafter "Collier County" or "Grantee'J.
be collectively referred to as the "parties."
of the State of Florida
Grantor and Grantee may hereafter
WHEREAS, [Grantorl Por Development is the owner of that
certain tract of land located in Collier Coudb, Florida described in Exhibit "A"
linclude a Plat Book and Page reference in Exhibit "A"] attached hereto
(hereinafter refened to as the "property'J; and
WHEREAS, Collier County is requiring that this Conservation Easement
(,Easement") be entered into and recorded in the land records of Collier County
to bind [Grantor] Por Development .; and
WHEREAS, the parties wish to establish their respective rights and
responsibilities relative to the use and maintenance of the conservation area
described in the attached Composite Exhibit"B" (the Easement Property).
NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to
Collier CountY as follows:
1. [Grantor]. POr Development , ib successors, heirs,
assigns indlor trinsferees, hereby grants a non-exclusive easement to Collier
Couity over and across the propefi described as Erhibit "B" for the purpose of
conservation. Collier County shall have no responsibility for maintenance of the
conservation easement.
Revised L1lL4/05
16.A.2.e
Packet Pg. 507 Attachment: Original Settlement Agreement documents 2007 (2504 : Stella Maris Second Settlement Agreement)
0R: 4251 PG: 1008
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Z. No buildings, structures or impediments of any nature may be constructed, placed
or permitted on, ovei or across the Easement Property. No dumping or placing of soil or
other substances such as trash or unsightly or offensive materials shall be permitted on the
Easement property. There shall be no removal or destruction of trees, shrubs or other
u"jJtrtion witn tne exception of exotic/nuisance vegetation removal. Excavation, dredging
or-removal of soil material, peat, rock or other material substance in such a manner as to
affect the surface shall be prohibited on the Easement Property. No dikes or.fencing shall
be permitted on the Easement Property. There shall be no other activities detrimental to
drainage, flood control, water conservation, erosion control or fish and witdlife habitat
conservation or preservation permitted on the Easement Property. The Easement Property
shall be in no way altered from its natural or permitted state.
Activities necessary and immediately incidental to the use of the boat ramp,
including but not limited to temporary tying or securing oJ watercraft incidental to use of the
boat rarip, shall be allowed within the easement area. Docking or mooring, either
temporary or permanent, of watercraft, and installation of equipment used to secure
watercrafi, including but not limited to cleats, davits, and the like, shall be prohibited in the
ea$emenr area, except for one (1) slip established exclusively for loading and unloading of
boats authorized to use the boat ramp'
3. [Grantor] POI Development, its heirs, successors or assigns shall bear the
responsibility for maintaining the Easement Property, including, but not limited to, regular
maintenance as may be required by any governmental agency having jurisdiction relative
thereto, The Easement Property shall at all times be maintained in accordance with
applicable requirements of the Collier County Land Development Code.
4. No right of access by the general public to any part of the Easement Property is
being conveyed. Collier County shall have the right to access and use of the Easement
property for the purpose of making inspections; however, Collier County shall have no
obligatibn to maintain the Easement Property, nor shall Gollier County have the right to use
the Easement Property for any purpose inconsistent with the terms of this Conservation
Easement.
S. Grantor reserves atl rights as owner of the Easement Property, including the right to
engage in uses of the Easement Property that are not prohibited herein and which are not
inc-oniistent with any County ordinance, regulation or development permit, and the intent
and purposes of this Conservation Easement.
6. Grantor shall pay any and all real property taxes and assessments levied by
competent authority on the property.
7. Grantor shall insert the terms and restrictions of this Conservation Easement in any
subsequent deed or other legal instrument by which Grantor divests itself of any interest in
the propertY.
A. All notices, consents, approvals or other communications hereunder shall be in
writing and shall be deemed properly given if sent by United States certified mail, return
receipt requested, addressed to the appropriate party or successor in interest.
9
16.A.2.e
Packet Pg. 508 Attachment: Original Settlement Agreement documents 2007 (2504 : Stella Maris Second Settlement Agreement)
0R:4251 PG:1009
16A
9. This Conservation Easement may be amended, altered, released or
revoked only by written agreement between the parties hereto or their heirs,
successors or assigns, which shall be filed in the public records of Collier County.
10. This Conservation Easement shall run with the land and shall be binding
upon and inure to the benefit of all present and future owners of any portion of
the property and their successors and/or assigns, it being the intention of the
Grantor that this Conseruation Easement be perpetual,
11. If any provisions of the Conservation Easement or the application
thereof to any person or circumstances is found to be invalid, the remainder of
the provisions of this Conseruation Easement shall not be affected thereby, as
long as the purpose of the Conservation Easement is preserved.
t2. Enforcement of the terms, provisions and restrictions of this
Conseruation Easement shall be at the reasonable discretion of Grantee, and any
forbearance on behalf of Grantee to exercise its rights hereunder in the event of
any breach hereof by Grantor, shall not be deemed or construed to be a waiver
of Grantee's rights hereunder.
13, The terms and conditions of this Conservation Easement may be
enforced by the Grantee by injunctive relief and other appropriate available
remedies, and Grantor consents that venue of such enforcement actions shall lie
exclusively in the Circuit Court of the Twentieth Judicial Circuit in and for Collier
County, Florida. In any enforcement action in which the Grantee prevails,
Grantee shall be entitled to recover reasonable attorney's fees and costs in the
trial and appellate courts in addition to the cost of restoring the land to the
natural vegetative and hydrologic condition existing at the time of execution of
this Conseruation Easement or to the natural vegetative state required for a
development permit. These remedies are in addition to any other remedy, fine
or penalty, which may be applicable under Chapters 373 and 403, Florida
Statutes.
IN WITNESS WHEREOF, Grantor has hereunder set its hand and seal the
day and year first above written,
in the oresence of:r ---'-^t'?E'
Mgry{' lr{c'
9
Sign, sealed and delivered
prlnteO N3ms; JODI LJIAJYES
Revised 10/14/05
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Packet Pg. 509 Attachment: Original Settlement Agreement documents 2007 (2504 : Stella Maris Second Settlement Agreement)
0R: {251 PG: 1010
l6H g
STATE OF FLORIDA )
couNTY oF COLLIER )
The foregoing instrument was subscribed, sworn and acknowledged before
rhis
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dav of l.-lar-r- ZO-QZ- byme tnir
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. . day of _blar-k 20pL
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Grantor, .\ Grantor,
as [title] Urf r PnAtdott
and who is.{<l perconally
as identification.
lc{nXd(x"''r^
NOTARY PUBLIC
Printed Name: {ODI LHANES
My Commission Expires:
.rcdl$ES
MY CoilMls$oN t DD226@5
EXPIF€S:JulY l' 2$7
tsdd.d 1lm NntY PUU't Utlddrtlao
known to me or [ ] who pioduced
Revised L0ll4l0s
16.A.2.e
Packet Pg. 510 Attachment: Original Settlement Agreement documents 2007 (2504 : Stella Maris Second Settlement Agreement)
Acceptance bY Grantee:
ATTEST: !! ,..
DWTGHS\E. AHgcx, clerk
Approved as to form and legal sufficiency:
0R:4251 PG:1011
164 g
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLOR]DA
$ t"in$t'.tt'* otz i t
nt County Attorney
16.A.2.e
Packet Pg. 511 Attachment: Original Settlement Agreement documents 2007 (2504 : Stella Maris Second Settlement Agreement)
0R: 4251 PG: 1012
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PORTELLA & ASSOCIATES, LLC
Land Surveyors
Dennis M Porterra, sr' PLS PH9ff::133:llrflll Hlli,1t33X,i"?i;
Email:Dportella@aol.com Naples, Florida, 34112
JUNE 1T,2OO7
EXHIBIT "A':
Parent Parcel
Tract M-1, Stella Maris , according to the plat thereof, as recorded in Plat Book 26, Pages 26'27 ot
the Public Records of Collier County, Florida'
Not vdid.unless sigrred,aniJ sealed with a raised
embossed Florida Registered Land Surveyors' seal.
lA_
16.A.2.e
Packet Pg. 512 Attachment: Original Settlement Agreement documents 2007 (2504 : Stella Maris Second Settlement Agreement)
PORTELLA & ASSOCIATES, LLC
Land Surveyors
PHONE: 239-7756511
FAX: 239-775€465
Email: Dportella@aol.com
APRIL 3O,2OO7
1.6 i\0R: 4251 PG: 1013
MAILING ADDRESS:
2384 Linwood Avenue
Naples, Florida, 3/J12
EXf{rBlT
qI
ti
Dennis M. Portella, Sr. PLS
EXIIIBIT "B'
A PARCEL OF I-AND LYING AND BEING IN TRACT M.l, STELLA MARIS, AS RECORDED IN
PLAT BOOK 26, PAGES 26 AND 27 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, BEING MORE PARTICUTARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF TRACT M.1, STELI.A MARIS, AS
RECORDED IN PTAT BOOK 26, PAGES 26 AND 27 OF THE PUBLIC RECORDS OF COLLIER
COUN11, FLORIDA; THENCE ALONG THE PROJECTED EASTERLY LINE OF SAID TRACT M'
1, RUN b 00"19'08" \N, A DlsrANcE oF 0.60 FEET To rHE WATERSIDE FACE oF AN
rXtSfrnC (1.35 FOOT WIDE) CONCRETE SEAWALL; THENCE WESTERLY, ALONG THE
WATERSIoE rncE oF SAID CoNCRETE SEAWALL, N 89O41'15" W, A DISTANCE OF 61.76
FEET TO THE pOtNT OF B-EGlNNtNg OF A 2.35 FOOT WIDE CONSERVATION EASEMENT
HERETN DESCRTBED; THENCE CONTINUE N 89'41'15" \N, A DISTANCE OF 568.44 FEET TO
THE SOUTHWEST CORNER OF SAID CONCRETE SEAWALL; THENCE NORTHERLY,
CONTINUING ALONG THE WATERSIDE FACE OF SAID CONCRETE SEAWALL, N 00"16'22" E,
A DISTANCE OF 343.61 FEET TO A POINT THAT INTERSECTS WITH THE PROJECTION OF
THE NORTH LINE OF SAID TRACT M.1, STELLA MARIS; THENCE EASTERLY, ALONG SAID
PROJECTED NORTH LINE OF TRACT M-1, STELI-A MARIS, N 85"49'58" E, A DISTANCE OF
2.36 FEET TO A POINT BEING 1 FOOT EASTERLY OF THE IANDWARD SIDE OF SAID
CONCRETE SEAWALL; THENCE SOUTHERLY, S 00"16'22" W, A DISTANCE OF 341.44 FEET;
THENcE EASTERLY, N 89.41.15" E, A DISTANCE OF 566.09 FEET; THENCE SOUTHERLY, S
00"18'45" W, A DISTANCE OF 2.35 FEET TO THE PO-INT OF BEgINNING.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
CONTAINING O.O5 ACRES, MORE OR LESS.
BEARING CONFORM TO THE EAST LINE OF TRACT M.1, STELLA ilI,ARIS, BEING S 00"19'08"
W, PER PLAT IN PLAT BOOK 26, PAGE 26 AND 27. PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
Not valid unless slgned and sealed with a raised
embossed Florida Registered Land Surveyors' seal'
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Packet Pg. 518 Attachment: Original Settlement Agreement documents 2007 (2504 : Stella Maris Second Settlement Agreement)
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SETTLEMENT AGREEMENT AND GENERAL RELEASE 164 9
THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this i1 of tr ^o,2007,by and between POI Development, Inc., a
Florida Corporation (the "Developef), Villages at Stella Maris Master Association, Inc., a
Florida not-for-profit corporation ("Master Association"), and Collier County, Florida, a political
subdivision of the State of Florida (the "County").
WHnRtrAS Developer is the developer of the premises described as Exhibit A attached
hereto (hereinafter referred to as the "Development") located at the Port of the lslands within the
unincorporated area of Collier County, Florida, within which Developer is building a residential
subdivision known as the "Villages at Stella Maris;" and
WHEREAS the Developer's site development plan for the Stella Maris III (the
"Condominium"), which included a boat ramp. was approved by the County on July 2,2003; and
WHEREAS Developer entered into numerous contracts of sale for the Development
based in part on the approval by the County that the Development would have a boat ramp; and
WHEREAS Collier County rescinded its approval for the boat ramp; and
WIIEREAS the loss of the Boat Ramp may lead to purchasers rescinding their purchase
agreements with Developer; and
WHEREAS both parties agree that the intent of the Collier County Manatee Protection
Plan is to limit the number of boats utilizing the Port of the Islands; and
WHEREAS, to effectuate this intent, Developer is willing to grant the County a
conservation easement over its seawall so that no boats will dock alongside the seawall, in
exchange for the County permitting the use of a boat ramp that would service no more vessels
that could have docked alongside the seawall in a marginal wharf configuration; and
WHEREAS the County agrees that the presence of a boat ramp will not endanger the
manatees provided that the number of boats using the boat ramp does not exceed the number of
boats that could be docked alongside the seawall in a marginal wharf configuration ; and
WHEREAS the Developer has agreed that there will be no public access to this boat
riunp, whose use shall be solely for the benefit of the residents of the Development; and
WHEREAS the Site Development Plan provides parking spaces for ten (10) boat trailers;
and
WHEREAS the Developer and the County recognize that the rescission of these
purchase agreements by Developer's buyers could lead to litigation between the parties and/or
the purchasers, and that the costs and uncertainties of litigation and the unique facts and
Prolaw: 79069
16.A.2.e
Packet Pg. 519 Attachment: Original Settlement Agreement documents 2007 (2504 : Stella Maris Second Settlement Agreement)
0R: 4251 PG: 1020
164 9
circumstances surrounding this matter and have agreed to settle any and all of the Developer's
claims and any and all other claims, known and unknown between the parties;
NOW, THEREFORE, in consideration of the foregoing premises and the following
mutual promises (the receipt and sufficiency of such consideration being acknowledged by all
parties), the parties agree as follows:
l. Recitals. The foregoing recitals are true and correct and are incorporated herein
by reference.
Z. Denial of Liability. No party is admitting wrongdoing, fault, or liability of any
nature by entering into this Agreement'
3. Attornevq' ,Fees. All parties shall pay their own attorneys' fees and costs
associated with this matter.
4, Release of All Ql4ims as Agaiust the County- Except for any breach of this
Settlement Agreement, the Developer, hereby releases, acquits, satisfies, and
forever discharges the County, (including any and all employees, officers,
directors, heirs, successors, assigns, legal representatives, attorneys and agents of
the County) of and from any and all, and all manner of action and actions, cause
and causes of action, suits, debts, dues, sums of money, accounts, reckonings,
bonds, bills, specialties, covenants, contracts, controversies, agreements,
promises, variances, trespasses, damages, judgments, executions, claims and
demands whatsoever, in law or in equity, which the Developer ever had, now hasn
or which any personal representative, successor, heir or assign of the Developer,
hereafter can, shall or may have involving or relating to the boat ramp, for, upon
or by reason of any matter, cause or thing whatsoever, from the beginning of the
world to the day of this Agreement.
5. Release of All Claims as Againstlhe Developer. Except for any breach of this
Agreement, the County, hereby releases, acquits, satisfies, and forever discharges
the Developer, (including any and all employees, officers, directors, heirs,
successors, assigns, legal representatives, attomeys and agents of the Developer)
ofand from any and all, and all manner ofaction and actions, cause and causes of
action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills,
specialties, covenants, contracts, controversies, agreements, promises, variances,
trespasses, damages, judgments, executions, claims and demands whatsoever, in
law or in equity, which the County ever had, now has, or which any personal
repre sentative, successor, heir or assign of the County, hereafter can, shall or may
have involving or relating to the boat ramp, against the Developer, for, upon or by
reason of any matter, cause or thing whatsoever, from the beginning of the world
to the day of this Agreement.
6. Poat Ramp. The County agrees to approve the boat ramp as specified in the site
development plan and to issue permits for construction of the same upon
Prolaw:79069
16.A.2.e
Packet Pg. 520 Attachment: Original Settlement Agreement documents 2007 (2504 : Stella Maris Second Settlement Agreement)
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application by Developer, and receipt of all required agency permits. The County
fu.ther agrees to communicate its approval to the U. S. Fish and Wildlife Service
and any other applicable governmental agencies within seven (7) days of the date
of this Agreement. The Developer agrees that the boat ramp shall be used solely
by Condominium owners and residents and shall not be open to the public or
guests of owners. Further, only boats owned by a condominium owner or resident
may use the ramp. The County and Developer agree that a marginal wharf
configuration for Stella Maris III could yield a maximum of 39 boats not bigger
than twenty-two foot overall length. The approved site plan limits on site storage
to no more that 10 boats and trailers. Based on these limitations, the Developer
agrees to identify and register with the County no more than 39 boats with a
maximum overall tength of 22 feet. Ten of those 39 registered boats may be
stored on site in the boat trailer parking lot The 39 registered boats shall be the
only boats to have launching privileges from the boat ramp. The registration
system shall include a list of boats, registration numbers and owner's contact
information. All registered boats shall have an identification decal permanently
affixed to the transom of the boat. Developer does not presume that either this
Agreement or the Site Development Plan provides for a one-for-one boat to
condominium unit relationship. If the provisions of this paragraph are not
adhered to by either the Developer or the Master Association, then the County
shall have the express right to close the boat ramp until such time as Master
Association acts in compliance hereof, The Master Association agrees that it shaLl
strictly enforce the restrictions contained in this paragraph'
Cons-el.ation Easement. Developer shall impose as a conservation easement
acceptable to the County over the seawall depicted in the sketch attached hereto as
Exhibit A, providing in pertinent part that no boat slips or docks shall be
constructed thereon. Developer shall cause said conservation easement to be
recorded within three (3) business days of County fully performing all of its
obligations under the provisions ofParagraph 6 hereof.
Executig$ of Other Documsgts. The parties agree that they will execute any other
documents as are necessary to effectuate or to carry out the intent of this
Agreement.
Gpv,erning Law and.Yenue. This Agreement and all other documents executed in
connection with this Agreement shall be govemed by and interpreted under
Florida law. The sole and exclusive venue for any litigation between the parties
arising out of or related to this Agreement or any documents executed in
connection with this Agreement shall be in the Circuit Court in and for Collier
County, Florida. The Settlement Agreement is the joint product of the Developer
and the County and shall not be construed against either party as the drafter.
E-4forceability. In the event that any provision of this Settlement Agreement is
found to be void or unenforceable by a court of competent jurisdiction, the
remaining provisions, in whole or in part, shall continue to be enforceable to the
7.
8.
9,
10,
Prolaw:79069
16.A.2.e
Packet Pg. 521 Attachment: Original Settlement Agreement documents 2007 (2504 : Stella Maris Second Settlement Agreement)
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greatest extent allowed by law and to the same extent as if the void or
unenforceable provision were omitted from this Agreement.
Entire Settlemgnt Agreement. This Agreement contains the entire agreement
between the parties and all prior or contemporaneous negotiations or
representations are merged into this Settlement Agreement. This Settlement
Agreement may not be amended or modified except in a written document
signed by the parties.
Executio-rl. Developer shall execute this Agreement prior to it being submitted for
approval by the Board of County Commissioners. This Agreement shall be
recorded by the County in the Official Records of Collier County, Florida, within
fourteen (14) days after the County enters into this Agreement. Developer shall
pay all costs of recording this Agreement. The County shall provide a copy of the
recorded document to the Developer upon request.
Review. Developer and Master Association will grant County, on request, access
to the Development to conduct periodic reviews and audits of performance under
this Agreement as may be performed by the County to determine whether or not
there has been demonstrated good faith compliance with the terms of this
Agreement. If the Collier County Board of Commissioners finds, on the basis of
substantial competent evidence, that there has been a failure to comply with the
terms of this Agreement, the Agreement may be revoked or unilaterally modified
by the County,
A,pplicability. This Agreement shall be binding on Developer's successors, heirs,
and assigns. Further, this Agreement shall be binding on the Condominium
Association's successors, heirs, and assi gns.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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Prolaw: 79069
16.A.2.e
Packet Pg. 522 Attachment: Original Settlement Agreement documents 2007 (2504 : Stella Maris Second Settlement Agreement)
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate oflicialp, as of the date first above written.
Attest:BOARD OF COI.]NTY COMMISSIONERS
COLLIER COUNTY, FLORIDADWI
AS TO DEVELOPER:
(corporate seal)
POI DEVELOPMENT. INC.. a Florida
STATE OF FLORIDA
COLINTY OF COLLIER
The foregoing instrument was acknowledged before me this lJ t" , day of
70a7,by Kari Colson, as Vice-President of POI DEV MENT, INC., who is personally
known to me or has produced
WITNESS my hand and official seal this /,7th
0R: 4251 PG: 1023
2007
9
NOTARY RUBBER STAMP SEAL
OR EMBOSSED SEAL
Villages at Stella Maris Master Association,
Klatzk
Prolaw: 79069
16.A.2.e
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Packet Pg. 524 Attachment: Original Settlement Agreement documents 2007 (2504 : Stella Maris Second Settlement Agreement)