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Agenda 02/26/2013 Item #12BCOLLIER COUNTY Board of County Commissioners Item Number: 12.12.6. 2/26/2013 12. B. Item Summary: 1:00 P.M. Time Certain Return from Closed Session. For the Board of County Commissioners to provide direction to the County Attorney regarding settlement negotiations and litigation expenditures in the pending cases of: Jerry Blocker, et al. v. Collier County, Case No. 08- 9355 -CA, and Collier County v. Jerry Blocker, et al., Case No. 09- 1281 -CA, in the Circuit Court of the Twentieth Judicial Circuit, in and for Collier County, Florida. Meeting Date: 2/26/2013 Prepared By Name: CrotteauKathynell Title: Legal Secretary,County Attorney 2/11/2013 12:15:58 PM Approved By Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management & B Date: 2/11/2013 1:51:39 PM Name: KlatzkowJeff Title: County Attorney Date: 2/20/2013 9:33:03 AM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 2/20/2013 9:48:13 AM Packet Page -736- 2/26/2013 12.B. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA JERRY B. BLOCKER and KIMBERLEA BLOCKER, Plaintiffs, V. COLLIER COUNTY, a political subdivision of the State of Florida, Defendant. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, a political subdivision of the State of Florida, Plaintiff, 0 JERRY BLOCKER, KIMBERLEA BLOCKER; and WANDA M. COLLINS TRUSTEE, OF THE LARRY AND WANDA COLLINS LIVING TRUST DATED DECEMBER 26, 1997; and any tenants /persons in possession, and any unknown heirs, successors, assigns, devisees, grantees, creditors, and other unknown persons or unknown spouses claiming by, through and under the above -named Defendants, Defendants. Case No.: 08- 9355 -CA Case No.: 09- 1281 -CA MEDIATION AGREEMENT This Agreement is made this 8t' day of February, 2013. WHEREAS, the Parties are involved in two lawsuits before the Twentieth Judicial Circuit, Collier County, Florida, styled: (1) Jerry Blocker and Kimberlea Blocker v. Collier County, Florida, Case No. 08- 9355 -CA; and (2) Board of County Commissioners, Collier Page 1 of 2 Packet Page -737- 2/26/2013 12.B. County, Florida v. Jerry Blocker, Kimberlea Blocker, and Wanda M. Collins, Trustee, Case No. 09- 1281 -CA (collectively, these lawsuits shall be referred to as the "Lawsuits "); and WHEREAS, pursuant to agreement of the parties and all applicable court orders and procedures, mediation was conducted in the above - styled matter before Civil Mediator, Leonard Reina, Esq., on Friday, February 8, 2013; and. WHEREAS, the parties have agreed to the terms and conditions as set forth in Exhibit A. NOW, THEREFORE, it is mutually agreed that the County Attorney will bring forth and recommend to the Board the Agreement attached as Exhibit A no later than the second Board meeting of March. Should the Board approve this Agreement as attached, this matter shall be deemed concluded on the terms and conditions therein. IN WITNESS WHEREOF, the undersigned hereby execute this Agreement on the date(s) set forth below. BERLEA BLOCKER Leonard Reina, Esq., Civil Mediator Page 2 of 2 Packet Page -738- 2/26/2013 12.B. 1 J J J Packet Page -739- 2/26/2013 12.B. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA JERRY B. BLOCKER and KIMBERLEA BLOCKER, Plaintiffs, V. Case No.: 08- 9355 -CA COLLIER COUNTY, a political subdivision of the State of Florida, Defendant. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, a political subdivision of the State of Florida, Plaintiff, V. Case No.: 09- 1281 -CA JERRY BLOCKER, KIMBERLEA BLOCKER; and WANDA M. COLLINS TRUSTEE, OF THE LARRY AND WANDA COLLINS LIVING TRUST DATED DECEMBER 26, 1997; and any tenants /persons in possession, and any unknown heirs, successors, assigns, devisees, grantees, creditors, and other unknown persons or unknown spouses claiming by, through and under the above -named Defendants, Defendants. MEDIATED SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Settlement Agreement and Mutual Release ( "Agreement ") is made and entered into this day of , 2013, between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter referred to as the "County ") and JERRY BLOCKER AND KIMBERLEA BLOCKER (hereinafter referred to as the "Blockers "). Page 1 of 7 k k Packet Page -740- 9 2/26/2013 12.B. WHEREAS, the Parties are involved in two lawsuits before the Twentieth Judicial Circuit, Collier County, Florida, styled: (1) Jerry Blocker and Kimberlea Blocker v. Collier County, Florida, Case No. 08- 9355 -CA; and (2) Board of County Commissioners, Collier County, Florida v. Jerry Blocker, Kimberlea Blocker, and Wanda M. Collins, Trustee, Case No. 09- 1281 -CA (collectively, these lawsuits shall be referred to as the "Lawsuits "); and WHEREAS, the Lawsuits resulted from certain code enforcement cases between the County and the Blockers, Case No. 2006 -16, 2006 -17 and 2006 -18 (the "Code Enforcement Cases "); and WHEREAS, the Parties' claims against one another in these Lawsuits arise from the Blockers' operation of a mobile home park located at 1101, 1121 and 1123 Alachua Street, Immokalee, Florida, which property consists of three separate parcels with three separate tax folio numbers (63864720000, 6386468001, and 638647600020) (hereinafter referred to as the "Property"), and whether or not the operation of this mobile home park constitutes an illegal and non - conforming use, under both the Immokalee Area Master Plan, the applicable zoning regulations, and the Land Development Code; and WHEREAS, the Parties deny liability to one another for any and all claims and counterclaims alleged in the Lawsuits and in connection with the Property; and WHEREAS, following a Court- ordered mediation held by the parties on February 8, 2013, the Parties to this Agreement wish to fully settle and resolve all existing and potential future disputes pertaining to the claims, counterclaims and allegations made in the Lawsuits or with respect to the Blockers current or potential future use of the Property. NOW, THEREFORE, in consideration of each and all of the mutual covenants, promises and considerations set forth herein, the sufficiency of which is hereby acknowledged by the Parties, the Parties do hereby agree as follows: 1. Incorporation by reference. The Parties agree to adopt and incorporate the foregoing recitals by reference into this Agreement as though fully rewritten herein. 2. Non - admission of liability. It is understood and agreed that this Agreement is the compromise of disputed claims, and that any payment made hereunder is not to be construed as an admission of liability, fault or responsibility as to any claims or allegations on the part of any party, which liability is and has been expressly denied. 3. Form of Settlement. This Settlement consists of two components. The first component is defining the uses the Blockers may lawfully engage upon the Property. The second component addresses providing the Blockers a liquidated settlement amount equal to Page 2 of 7 Packet Page -741- 2/26/2013 12.B. their actual out of pocket costs incurred in connection with these Lawsuits and the Code Enforcement Cases. The Land Use Component 4. The Immokalee Area Master Plan (Growth Management Plan). The Commerce Center - Industrial Subdistrict of the Urban— Industrial District of the Immokalee Area Master Plan Element of the Growth Management Plan is hereby amended to add the following text: "In addition to the already allowed Transient Housing or Migrant Labor Camps under Policy 1.5.2, the existing 2.74 acre mobile home park/migrant transient housing property located at 1101, 1121 and 1123 Alachua Street and further described below is allowed to continue as a legal conforming use, with a mix of housing types. As such, the owner may alter, replace, relocate, upgrade and add dwelling units. In addition, the 2.74 acre site is eligible for residential redevelopment at a maximum density of 12 units per gross acre, but in no event less than 33 units, and the permitted residential uses are those uses permitted by the Commerce Center -Mixed Use Subdistrict of the Urban-Mixed Use District of the Immokalee Area Master Plan. In calculating such density, the area legally described below that was previously designated as an alleyway /right -of -way (described in O.R. Book 4324, Pages 960 and 961, and O.R. Book 434, Pages 962 and 963) shall be utilized in such calculation as to the remainder parcel, irrespective of any future change in ownership. The property is further described as: Lots 6, 7, 8, 9 and 10, Block 48, Newmarket Subdivision, as recorded in Plat Book 1, Pages 104 and 105, Public Records of Collier County, Florida. [Trustee's Deed (O.R. Book 3170, Page 1547)] AND The Easterly most twenty feet of the Easterly forty feet of the Broward Street right -of -way lying adjacent to Lots 6 through 10 of Block 48 of the Newmarket Subdivision, as recorded in Plat Book 1, Pages 104 & 105, of the Public Records of Collier County, Florida. [Quitclaim Deed (O.R. Book 4324, Pages 960 and 961)] AND The Westerly most twenty feet of the Easterly forty feet of the Broward Street right -of -way lying adjacent to Lots 6 through 10 of Block 48 of the Newmarket Subdivision, as recorded in Plat Book 1, Pages 104 & 105 of the Public Records of Collier County, Florida. [Quitclaim Deed (O.R. Book 4324, Pages 962 and 963)] 5. Zoning. This rezone shall be known as the Blocker Rezone. The zoning classification of the property described in Section I is hereby changed as provided herein and the Page 3 of 7 Packet Page -742- 2/26/2013 12.6. appropriate zoning atlas map, as described in Ordinance Number 04 -41, as amended, is hereby amended accordingly. A. List of Permitted uses: All uses currently permitted by the Commerce Center- Industrial Subdistrict of the Urban — Industrial District of the Immokalee Area Master Plan Element of the Growth Management Plan, as amended above, except that there can be no mixed -use residential development. B. Development Standards: All development and redevelopment shall comply with the then - current Collier County Land Development Code, using the standards of the most similar zoning district, and including without limitation the County's SIP Program for Nonconforming Mobile Home Parks. 6. Site Improvement Plan Approval. The Board hereby approves the site plan of existing mobile home park and/or migrant transient housing uses attached hereto as Exhibit "A ", which shall be the site development plan for all existing 2.74 acre mobile home /migrant housing use on the property. The owner may replace, alter or upgrade existing residential units, and add up to two additional residential units bringing the total permitted number of residential units to a maximum of 33 residential units (or whatever greater density the Land Development Code allows at the time of application), with an approved building permit under the current Site Development Plan, and subject to the following: 1. Unless shown on the attached site plan, no landscaping is required. 2. Owner shall maintain a driveway or private road leading to and serving the 2.74 acre tract as shown on Exhibit "A" which shall be a dust free surface. 3. Owner shall provide for onsite water management as to the affected area to prevent flooding and shall direct stormwater to the adjacent public roadways. 4. Owner shall maintain the perimeter fencing shown on Exhibit "A ". The Liquidated Settlement Comuonent 7. Payment. The County and the Blockers have agreed to a liquidated settlement amount equal to the Blockers' actual out -of- pocket costs incurred in connection with the Lawsuits and the Code Enforcement Cases. The Blockers are in the process of confirming their Page 4 of 7 Packet Page -743- 1 2/26/2013 12.B. invoices, which shall in no event exceed $540,000 in costs and legal fees in connection with the prosecution, and defense, including appeal, of these Lawsuits and the Code Enforcement Cases. Within 10 business days of approval of this Agreement by all parties, the Blockers will submit to the Clerk of Courts invoices and proof of payment in support of this claimed expenditure. The Clerk will review these invoices and proof of payment, and shall pay their actual, out -of- pocket costs and legal fees directly incurred in the Lawsuits and the Code Enforcement Cases. The decision of the Clerk shall be final. 8. Releases. a. County. County, on behalf of its Board of Commissioners, and its past, present and future Commissioners, attorneys, employees, former employees, agents, servants, contractors, subcontractors, suppliers, representatives, insurers, successors in interest, and assigns of all of them, releases and forever discharges Jerry Blocker and Kimberlea Blocker, their predecessors, successors and/or assigns, affiliates, employees, former employees, agents, attorneys, officers, directors, principals, shareholders, and members from any and all claims of whatever nature or description whether arising from any violation of any statutes, contract, indemnity, warranty, express or implied, in contract or tort, alleged in, relating to, or arising from the Lawsuits or the Property. b. Jerry Blocker and Kimberlea Blocker. Jerry Blocker and Kimberlea Blocker., on behalf of themselves, their predecessors, successors and/or assigns, affiliates, employees, former employees, agents, attorneys, officers, directors, principals, shareholders, members, and all who claim through them, hereby releases and forever discharges the County, its Board of Commissioners, and its past, present and future Commissioners, attorneys, employees, former employees, agents, servants, contractors, subcontractors, suppliers, representatives, insurers, successors in interest, and assigns of all of them, from any and all claims of whatever nature or description, whether now known or arising in the future, and whether arising from any violation of any statutes, contract, indemnity, warranty, express or implied, in contract or tort, alleged in, relating to or arising from the Lawsuits or the Property. 9. Dismissal of Litigation With Prejudice, The Parties shall stipulate to the dismissal of the Lawsuits dismissing with prejudice all claims and counterclaims in the Lawsuits. The dismissals shall be filed by each party's counsel of record within thirty (30) business days of the execution of this Agreement. The Parties further acknowledge that this Agreement is subject to the continuing jurisdiction of the Court. Page 5 of 7 Packet Page -744- 2/26/2013 12.B. 10. Release of Liens. The County will promptly release any and all existing code enforcement liens on the Property, and will cooperate with the Blockers to remove any and all other liens, judgments or other clouds on title arising from the Lawsuits and Code Enforcement Cases. 11. Voluntary Execution/Role of Legal Counsel. The Parties acknowledge that this Agreement is freely and voluntarily executed after they have been apprised of all relevant information concerning the Agreement and that they have had the opportunity to consult with and receive the advice of counsel in entering into this Agreement. In executing this Agreement, the Parties acknowledge that they do not rely on any inducements, promises, or representations other than those contained herein. In this regard, the Parties acknowledge that this Agreement is the product of mutual negotiation and no doubtful or ambiguous provision that may exist in this Agreement is to be construed against any of the Parties based upon a claim that one of the Parties drafted the Agreement, or that the language of the Agreement was intended to favor one of the Parties. 12. Governing law. This Agreement shall be deemed to have been made and to be performed, and shall be interpreted, construed and enforced, in accordance with the laws of the State of Florida. 13. Multiple Counterparts. This Agreement may be executed by the Parties in identical counterparts, which, taken together, shall constitute a complete original. 14. Complete Agreement. The Parties acknowledge that in deciding to execute this Agreement and then in executing this Agreement, they have not relied upon any agreement, statement or representation that is not specifically set forth herein, that this Agreement contains the entire agreement between the Parties hereto regarding the resolution of their disputes, and that the terms of the Agreement are contractual and not mere recitals. 15. Modifications. This Agreement cannot be amended, modified or amplified except by agreement and written document, which is signed by all Parties hereto. No oral statement made by any person shall operate to modify this Agreement in any manner or otherwise affect its terms and provisions. 16. Severability. In the event that any term or provision of this Agreement is deemed unenforceable or unlawful for any reason, the remainder of the Agreement shall be deemed enforceable and in effect. Page 6 of 7 Packet Page -745- �r 2/26/2013 12. B. 17. Enforceability. This Agreement is effective upon the date it is approved by the Board of County Commissioners of Collier County, Florida. This Agreement is subject to approval by the Court. 18. Non - waiver. The failure of either party to enforce at any time any of the provisions of this Agreement shall not constitute a waiver of any such provisions. 19. Authority to Bind. The signatories hereto each warrant and represent that they have the requisite authority to enter into this Agreement on behalf of the respective party. IN WITNESS WHEREOF, the undersigned hereby execute this Agreement on the date(s) set forth below. ATTEST: Dwight E. Brock, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DEPUTY CLERK GEORGIA A. HILLER, ESQ., CHAIR Approved as to legal form and sufficiency: Jeffrey A. Klatzkow, County Attorney KIMBERLEA BLOCKER Page 7 of 7 Packet Page -746- 2/26/2013 12.B.