Parcel 101FEE (Settlement Agreement) PROJECT: Project No. 60143
Immokalee Area Stormwater Improvement Program
PARCEL No: 101 FEE
FOLIO No(s): 22430001026
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement")
is made and entered into on this /o' day of �( , 2010, by and between
ARROWHEAD RESERVE AT LAKE TRAFFORD PROPERTY OWNERS
ASSOCIATION, INC., whose mailing address is 7742 Alico Road, Fort Myers, FL 33912
("Arrowhead") and COLLIER COUNTY, a political subdivision of the State of Florida,
whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney,
Suite 800, Naples, Florida 34112 ("the County").
WHEREAS, the County has entered into an agreement ("the Purchase
Agreement") with Sonny Joseph for the purchase of that land set forth as Tract 3 on the
Plat for Arrowhead Reserve at Lake Trafford recorded in Plat Book 42 at Page 94, et seq.,
of the Official Records of Collier County ("the Property") with an anticipated closing in the
second half of calendar year 2018; and
WHEREAS, the property is subject to the Declaration of Covenants, Conditions
and Restrictions of Arrowhead Reserve at Lake Trafford, recorded in Official Records
Book 3767, pages 3735, et seq., as amended ("the Declaration"), of the Public Records
of Collier County, Florida ; and
WHEREAS, a dispute has arisen between the parties as to whether the County
is entitled to construct improvements on the Property as part of the Immokalee Area
Stormwater Improvement Program, Project No. 60143 ("the Project") and whether the
County is liable to pay assessments to Arrowhead pursuant to the Declaration in the event
of the County closing on its purchase of the Property; and
WHEREAS, the parties have settled the dispute on the terms and conditions set
forth below.
WITNESSETH:
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which
is hereby mutually acknowledged, it is agreed by and between the parties as follows:
1. RECITALS - All of the above RECITALS are true and correct and are hereby
expressly incorporated herein by reference as if set forth fully below, and all
exhibits referenced herein are made a part of this Agreement.
O6J.
Page 2
2. RELEASE FROM DECLARATION —Within fifteen (15) days from the date of this
Agreement, Arrowhead shall provide a forty-five (45) day Notice of Special
Meeting to its Membership which shall propose an amendment to the Declaration
of Covenants, Conditions and Restrictions of Arrowhead Reserve at Lake
Trafford, removing and releasing the Property from the operation of the
Declaration. If the proposed amendment is approved as set forth in the
Declaration, the President and Secretary of Arrowhead shall execute the
Amendment with an effective date sixty (60) days after the date of recording.
Arrowhead shall record the Amendment within five (5) days of execution and
shall furnish to the County a fully executed, duly recorded copy of said
Amendment.
3. PUD AMENDMENTS — Arrowhead will support any amendments that may be
required to the Arrowhead Mixed Use Planned Unit Development (Ordinance No.
02-40, as amended) ("the PUD") to permit the County to construct the Project on
the Property.
4. MAINTENANCE OF PORTION OF TRACT P1 — The County shall maintain in
perpetuity that portion of Tract P1 and Tract 01 described in Exhibit "A," which
is attached hereto and made a part of this Agreement. To that end, Arrowhead
shall grant to County an easement to maintain that portion of Tract P1 and Tract
01 described on Exhibit "A" that is substantially identical to the easement form
as set forth as Exhibit "B".
5. ASSIGNMENT OF DEVELOPER RIGHTS — The County acknowledges that
Arrowhead may use multifamily unit development rights assigned to the Property
for development within the PUD. Collier County staff will not oppose
reassignment of the aforesaid developer rights to other properties in the PUD.
6. EXCAVATED MATERIALS — No later than ninety (90) days prior to
commencement of construction of the Project, the County shall call upon
Arrowhead to indicate in writing whether it requires surplus excavation materials
from the Project at no cost to Arrowhead. No later than thirty (30) days from the
date of such notice, Arrowhead shall notify the County whether it requires such
surplus excavated materials and, if so, Arrowhead shall indicate, in writing, a
stockpile location within the boundaries of the PUD where the excavated
materials can be placed by the County's agent. The proposed stockpile
configuration and volumetric capacity shall be included with the location.
Excavated material in excess of the stockpile capacity shall be disposed of in
another location at the County's discretion and shall not become the property of
Arrowhead. In accordance with the PUD, both Arrowhead and County shall be
required to obtain approved commercial excavation permits through the Growth
Management Department. If Arrowhead fails to respond in writing within
aforesaid period of thirty (30) days, then the County shall be entitled to assume
that Arrowhead does not require the surplus excavated materials.
0
Page 3
7. MONETARY CONSIDERATION—The County shall pay the sum of One Hundred
Thirty Five Thousand Eight Hundred Thirty Two and 00/100 US Dollars
($135,832.00) to Arrowhead. Said payment shall be made at the time of the
closing of title conveying the property to the County.
8. COUNTY CONTINGENCY — This entire agreement is contingent upon the
County closing the title on the purchase of the Property pursuant to the Purchase
Agreement. In the event the County does not close such purchase of the Property
by December 31, 2018, either party shall have the option to terminate this
Agreement.
9. ARROWHEAD CONTINGENCY—This entire agreement shall also be expressly
contingent upon the approval of the proposed Amendment to the Declaration by
the Members of Arrowhead as set forth in paragraph 2. In the event the proposed
amendment is not approved, this Agreement shall be null and void ab initio and
neither party shall have any further claim against the other.
10. RESERVATION OF RIGHT. Arrowhead reserves the right to include other
amendments to its Declaration unrelated to the instant matter on the same
proposed Amendment set forth herein.
11. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall
be effective as of the date this Agreement is executed by both parties and shall
inure to the benefit of and be binding upon the parties hereto and their respective
heirs, executors, personal representatives, successors, successor trustees,
and/or assignees, whenever the context so requires or admits.
12. NOTICES - Any notice, request, demand, instruction or other communication to
be given to either party hereunder shall be in writing sent by email and by certified
mail, return receipt requested, postage prepaid or personal delivery addressed
as follows:
If to County:
Amy Patterson, Director
Capital Project Planning, Impact Fees
and Program Management Division
2685 Horseshoe Drive S, Suite 103
Naples, Florida 34104
Telephone (239) 252-5721
With a copy to: Jeffrey A. Klatzkow
County Attorney
Office of the County Attorney
3299 Tamiami Trail East, Suite 800
Naples, Florida 34112
Page 4
Telephone: (239) 252-8400
jeffreyklatzkow@colliergov.net
If to Owner: David Torres, President
Arrowhead Reserve at Lake Trafford POA
7742 Alico Road
Fort Myers, Florida 33912
Telephone: (239) 208-4079
With a copy to: Ashley L. Suarez, Esq.
Carlo F. Zampogna, Esq.
Zampogna Law Firm
1112 Goodlette Road North, Suite 204
Naples, Florida 34102
Telephone:_(239) 261-0592
ashley(a�zampogna-law.com
carlo(a�zampogna-law.com
13. ENTIRE AGREEMENT—This settlement is contingent upon no other provisions,
conditions, or premises other than those so stated herein; and this written
Agreement, including all exhibits attached hereto, shall constitute the entire
Agreement and understanding of the parties, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises,
warranties, or covenants not contained herein, nor shall any party have any claim
against the other except as is provided for in this Agreement. No modification,
amendment or consensual cancellation of this Agreement shall be of any force
or effect unless made in writing and executed and dated by both Owner and
County.
14. SEVERABILITY - Should any part of this Agreement be found to be invalid, then
such invalid part shall be severed from the Agreement, and the remaining
provisions of this Agreement shall remain in full force and effect and not be
affected by such invalidity.
15. VENUE -This Agreement is governed and construed in accordance with the laws
of the State of Florida.
[SPACE INTENTIONALLY LEFT BLANK]
0
Page 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written.
AS TO COUNTY:
DATED: .( lo‘.bl i
ATTEST: BOARD OF Cs NTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER Cr N , FLOR,
rt I
BY:
• Q p a ty _ A ''SOLIS , CHAIRMAN
• est es to.Chanman i
signature only.,
AS TO ARROWHEAD: ARROWHEAD RESERVE AT LAKE
TRAFFORD PROPERTY OWNERS
ASSOCIATION, INC.,
a Florida corporation
DAT=D: to_f
`I►:�"�,.. By:
V V ssLkLiftI
(Signature) DAVIDAA. -S, PRESIDENT
air
Name (Print or Type)
itness (Signature)
1i Approved as to form and legality
Name (Print or Type)
Assistant County A o ley a��\
GRAPHIC SCALE
limaimiimmil0 100 200 400
EXHIBIT 2
pdge. I of-Lim.-i .-
1 inch 200 ft
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-— S89.15'461.1 1307.69'
POINT OF
UNPIATTED BEGINNING
JEYIIUG SKETCH & DESCRIPTION
JQ;,�� ��,PI
y���, �. A portion of Tracts P- 1 and 0- 1,
o -- "r„-'•v Arrowhead Reserve at Lake Trafford,
re=-,t_-.-------.41 H Phase One,
ISO,A f Collier County, Florida
A LIMITED LIABILITY COMPANY
MARCO SURVEYING& MAPPING CUENT.• Collier County Board of County Commissioners
3825 BECK BOULEVARD
SUITE 725 PROJECT I:I,P483 SUB PROJECT:
NAPLES, FLORIDA 34114 DRAFTED BY: DATE SCALE WD NUMBER SHEET I DRAWING NO.
wwW.2J9MARCOSURVEYSCOM R.Y. 10/2017 1" = 200' 17-506 1 of 3 1-0801
/ 1
I
CURVE TABLE
CURVE RADIUS LENGTH DELTA CHORD BEARING CHORD
Cl 165.00' 23.82' 8'16'12" N26'17'00"E 23.80'
LINE TABLE LINE TABLE
L1 N22'08'54"E 164.89' L20 N67'28'50"E 46.66'
L2 S85'59'13 E 165.83' L21 N45'04'33'E 43.40'
L3 S61'50'06"E 142.94' L22 N59'00'56'E 80.91'
L4 S21'46'21"E 55.58' L23 S83'35'31'E 117.49'
L5 S6'06'56"E 42.04' L24 S89'18'36"E 15.47'
L6 S26'58'23"W 80.26' L25 N10'29'48"E 146.83'
L7 S34'13'24"W 66.76' L26 N35'50'29"E 68.30'
L8 S63'03'15"W 176.81' L27 N76'38'45"E 95.58'
L9 S66'40'59"W 74.23' L28 S46'32'12"E 166.33'
L10 S28'09 20"W 54.81' L29 S65'14'12'E 85.58'
L11 S6'48'27"E 90.47' L30 S32'27'06"W 78.49'
L12 543'58'05"W 87.40' L31 S8'52'33"W 104.00'
L13 S45'46'21"W 126.78' L32 S24'45'39"E 89.19'
L14 S65'51'49"E 9.41' L33 S59'42'52"E 45.10'
L15 S58'07'52"E 76.71' L34 S84'51'15"E 41.91'
L16 S75'52'02"E 55.67' L35 N30'32'23"E 104.01'
L17 S29'00'11 E 19.08' L36 N13'56'52" 145.61'
L18 S69'46.52 E 92.34' L37 N31'31'12'E 203.06'
L19 S61'06'23"E 16.03' L38 N6628'33"E 48.57'
1 JEYINe SKETCH & DESCRIPTION
tit,
;ii
IIOJ
C.P,i ///,`V4., A portion of Tracts P- 1 and 0- 1,
'r to Arrowhead Reserve at Lake Trafford,
oc =pii "'H Phase One,
t v f; Collier County, Florida
A LIMITED LIABILITY COMPANY
MARCO SURVEYING h MAPPING CLIENT: Collier County Board of County Commissioners
.3825 BECK BOULEVARD
SURE 725 PROJECT#:1 P483 SUB PROJECT:
NAPLES, FLORIDA 34114 DRAFTED BY: DATE SCALE WO NUMBER SHEET 1 DRAWING NO.
(239) 389-0026
wWW.MARCOsuRVEYS.cou R.Y. 10/2017 1" = 200' 17-506 2 of 3 1-080j
DESCRIPTION
Being a portion of Tract P-1 and Tract 0-1 as shown on the plot of Arrowhead Reserve at Lake Trafford - Phase
One as recorded in Plot Book 42 at Pages 94 through 111 of the Public Records of Collier County, Florida, being more
particularly described as follows:
BEGIN at the southeast corner of Tract P-1 of Arrowhead Reserve at Lake Trafford - Phase One as recorded in Plat
Book 42 at Pages 94 through 111 of the Public Records of Collier County, Florida; thence run South 89'15'46" West,
along the southerly line of said Tract P-1, for a distance of 1307.69 feet; thence run North 14'36'08" East, for a
distance of 830.14 feet to the southerly most corner of Lot 31, of Arrowhead Reserve at Lake Trafford - Block B as
recorded in Plat Book 45 at Pages 64 through 66 of the Public Records of Collier County, Florida; thence northeasterly
along the easterly boundary of said Arrowhead Reserve at Lake Trafford - Block B, and the arc of a non-tangential
curve to the left , whose radius point bears North 59'34'54" West with a radius of 165.00 feet, having a chord bearing
of North 26'17'00" East and a chord distance of 23.80 feet, having a central angle of 08'16'12" and an arc length of
23.82 feet; thence run North 22'08'54" East, along the easterly boundary of said Arrowhead Reserve at Lake Trafford -
Block B, for a distance of 164.89 feet to a point of intersection on the boundary of Tract 0-1 of Arrowhead Reserve
at Lake Trafford - Phase One as recorded in Plat Book 42 at Pages 94 through 111 of the Public Records of Collier
County, Florida; thence run along the northerly boundary of said Tract 0-1 the following 37 courses: South 85'59'13"
East, for distance of 165.83 feet; South 61'50'06" East, for a distance of 142.94 feet; South 21'46'21" East, for a
distance of 55.58 feet; South 06'06'56" East, for a distance of 42.04 feet; South 26'58'2.3" West, for a distance of
80.26 feet; South 34'13'24" West, for a distance of 66.76 feet; South 63'03'15" West, for a distance of 176.81 feet;
South 66'40'59" West, for a distance of 74.23 feet; South 28'09'20" West, for a distance of 54.81 feet; South
06'48'27" East, for a distance of 90.47 feet; South 43'58'05" West, for a distance of 87.40 feet; South 45'46'21" West,
for a distance of 126.78 feet; South 65'51'49" East, for a distance of 9.41 feet; South 58'07'52" East, for a distance
of 76.71 feet; South 75'52'02" East, for a distance of 55.67 feet; South 29'00'11" East, for a distance of 19.08 feet;
South 69'46'52" East, for a distance of 92.34 feet; South 61'06'23" East, for a distance of 16.03 feet; North
67'28'50" East, for a distance of 46.66 feet; North 45'04'33" East, for a distance of 43.40 feet; North 59'00'56" East,
for a distance of 80.91 feet; South 83'35'31" East, for a distance of 117.49 feet; South 89'18'36" East, for a distance
of 15.47 feet; North 10'29'48" East, for a distance of 146.83 feet; North 35'50'29" East, for a distance of 68.30 feet;
North 76'38'45" East, for a distance of 95.58 feet; South 46'32'12" East, for a distance of 166.33 feet; South
65'14'12" East, for a distance of 85.58 feet; South 32'27'06" West, for a distance of 78.49 feet; South 08'52'33" West,
for a distance of 104.00 feet; South 24'45'39" East, for a distance of 89.19 feet; South 59'42'52" East, for a distance
of 45.10 feet; South 84'51'15" East, for a distance of 41.91 feet; North 30'32'23" East, for a distance of 104.01 feet;
North 13'56'52" East, for a distance of 145.61 feet; North 31'31'12" East, for a distance of 203.06 feet; North
66'28'33" East, for a distance of 48.57 feet to a point on the easterly line of said Arrowhead Reserve at Lake Trafford
- Phase One; thence run South 00'44'14" East, along the easterly line of said Arrowhead Reserve at Lake Trafford -
Phase One for a distance of 443.40 feet to the POINT OF BEGINNING;
Containing 11.46 acres or 499,300.67 square feet more or less.
NOTES;
1. THIS IS NOT A SURVEY.
2. BEARING SHOWN HEREON ARE BASED ON THE NORTHWESTERLY LINE OF TRACT 3F of FREEDOM SQUARE, ACCORDING TO
THE PLAT THEREOF, AS LOCATED IN STATE PLANE COORDINATE SYSTEM FLORIDA EAST ZONE, NAD 83, 1999 ADJUSTMENT,
BEING N35'38'39'E. ROTATED FROM FLAT BEARING SYSTEM COUNTER CLOCKWISE 00'02'02".
3. NO EASEMENT SEARCH OR ABSTRACTING WAS DONE BY THE SURVEYOR AND NOTE SHOULD BE TAKEN THAT THIS
PROPERTY IS SUBJECT TO ANY FACTS THAT ME BE REVEALED UNDER A FULL AND ACCURATE TITLE SEARCH.
4. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, UNLESS OTHERWISE NOTED.
5. SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS OF RECORD.
6. THE SHEET IS PART OF A 2 SHEET SET.
For the Exclusive,Use Of;
Collier County.Board of County Commissioners ( VING SKETCH & DESCRIPTION
"' ` J\,„' I�'il��//// A portion of Tracts P- 1 and 0- 1,
o : " Arrowhead Reserve at Lake Trafford,
/ cG � � H Phase One,
� z Collier County, Florida
David J. Hyatt, S R \C)
Florida Licens No; 5634 A CiNIiED 11AeILIIY COMPANY
Not valid•wit ut the signature and MARCO SURVEYING 4 MAPPING
CLIENT: Collier County Board of County Commissioners
FloridaLicensedPROJECT
original seal:of,the,.. 3e25 BECK BOULEVARD f. SUITE 725 1:1 P483 SUB PROJECT:
Surveyor\end,Mapper NAPLES, FLORIDA 34114 DRAFTED BY.• DATE SCALE WO NUMBER SHEET/ DRAWING NO.
Certificate of Authorization P705. WWw2MARCosuR cOM R.Y. 10/2017 1" = 200' 17-506 3 of 3 1-0801
EXHIBIT "B"
MAINTENANCE EASEMENT
THIS EASEMENT, made and entered into this day of
, 2018, by ARROWHEAD RESERVE AT LAKE TRAFFORD
PROPERTY OWNERS ASSOCIATION, INC., whose mailing address is 7742 Alico
Road, Fort Myers, FL 33912 (hereinafter referred to as "Grantor"), to COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299
Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida
34112, (hereinafter referred to as "Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties
to this instrument and their respective heirs, legal representatives, successors and
assigns. Grantor and Grantee are used for singular or plural, as the context requires.)
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee a
perpetual, non-exclusive maintenance easement over, under, upon and across the
following described lands located in Collier County, Florida, to wit:
See attached Exhibit "A" which is incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY
TO HAVE AND TO HOLD the same unto the Grantee together with the right to
enter upon said land for the purpose of the perpetual maintenance of drainage and
water flow within the easement and the removal of invasive plant species. The
easement granted herein shall constitute easements running with the land and shall
burden the lands described above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
the day and year first above written.
ARROWHEAD RESERVE AT LAKE
TRAFFORD PROPERTY OWNERS
ASSOCIATION, INC.,
a Florida corporation
By:
Witness (Signature) DAVID E. TORRES, PRESIDENT
Name (Print or Type)
STATE OF FLORIDA
COUNTY OF
The foregoing Maintenance Easement was acknowledged before me this day of
, 2018, by David E. Torres, as President of ARROWHEAD RESERVE
AT LAKE TRAFFORD PROPERTY OWNERS ASSOCIATION, INC., a Florida
corporation, who:
is personally known to me
OR
produced as proof of
identity.
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
Serial / Commission # (if any):
My Commission Expires:
Approved as to form and legality:
Jennifer Belpedio, Esq. ���b
Assistant County Attorney o (o
2-
C