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Backup Documents 02/12/2013 Item #12B ORIGINAL DOCUMENTS CHECKLIST & ROUTING SPB TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT 'tp THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office JAK z\v1-1 3 4. BCC Office Board of County Commissioners 5. Minutes and Records Clerk of Court's Office 215 If 3 PRIMARY CONTACT INFORMATION f Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Jeffrey A.Klatzkow,County Attorney Phone Number 252-8400 Contact/ Department Agenda Date Item was 2/12/13 i/ Agenda Item Number 12-B V/ Approved by the BCC Type of Document Settlement Agreement Nvs•ac„,,,..( • Number of Original One Attached ` Documents Attached PO number or account Subject to approval by the Court—will number if document is advise to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? JAK 2. Does the document need to be sent to another agency for additional signatures? If yes, JAK provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK signed by the Chairman,with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip JAK should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 2/12/13 and all changes made during the JAK meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the SRT BCC, all changes directed by the BCC have been made, and the document is ready for t e Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 12B Ann P. Jennejohn From: Ann P.Jennejohn Sent: Monday, February 18, 2013 4:35 PM To: Klatzkow,Jeff;Teach, Scott Cc: Nell, Kay; Neet,Virginia Subject: Hussey Settlement Agreement (Item #12B February 12, 2013 BCC Meeting) Attachments: Hussey Settlement Agreement.pdf Hi All- Attached for your records is a copy of the Hussey Settlement Agreement, signed by all parties. After the Court's approval, please notify our office if any further action needs to be taken regarding the agreement. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) 1 12B IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AN FOR COLLIER COUNTY,FLORIDA FRANCIS D. HUSSEY, JR. and MARY P. HUSSEY, husband and wife; and WINCHESTER LAKES CORPORATION, a Florida corporation, Plaintiffs, v. Case No.: 08-6933-CA Consolidated with COLLIER COUNTY, a political subdivision of the Case No.: 08-6988-CA State of Florida; THE HONORABLE CHARLIE CRIST, Governor of the State of Florida; and the FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, Defendants. FLORIDA WILDLIFE FEDERATION and COLLIER COUNTY AUDUBON SOCIETY, INC. Intervenors. SEAN HUSSEY, Successor Trustee to JOSE LOMBILLO, Trustee and EDUARDO PEREIRO, Trustee, Plaintiffs, v. Case No.: 08-7025-CA COLLIER COUNTY, a political subdivision of the State of Florida; THE HONORABLE CHARLIE CRIST, Governor of the State of Florida; and the FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, Defendants. FLORIDA WILDLIFE FEDERATION and COLLIER COUNTY AUDUBON SOCIETY, INC. Intervenors. 12B SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT is made and entered into this 12.4k of February, 2013, by and between Francis D. Hussey, Jr., Mary Pat Hussey, Sean Hussey, Trustee, Mike Boran, Co-Trustee of the SR 846 Land Trust, Ronald L. Brown, Co- Trustee of the SR 846 Land Trust, Joseph Bonness, President of Winchester Lakes, Inc., and HHH Investments, L.P. (the "Owner") and Collier County, Florida, a political subdivision of the State Florida(the"County"). WHEREAS, the Plaintiffs, FRANCIS D. HUSSEY, JR., and MARY P. HUSSEY, husband and wife, (the "Husseys") are the fee owners of certain real property within Sections 29 and 32 of the area within Collier County commonly referred to as the North Belle Meade (the "HHH Ranch"); and WHEREAS, the Plaintiff, WINCHESTER LAKES CORPORATION ("Winchester Lakes") holds a leasehold interest in the HHH Ranch and holds contractual rights to subsurface minerals including the underground rock and a contractual right to share in the proceeds of this action; and WHEREAS, the Husseys and Winchester Lakes have filed a claim against Collier County under Florida Statutes § 70.001 (the "Bert Harris Act"), and have also filed claim challenging the constitutionality of the Rural Fringe Amendments pursuant to Article X Sec. 6(a) of the Florida Constitution; and WHEREAS, the parties wish the settle this dispute on the terms and conditions set forth below. 2 12B WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein,the parties agree as follows: 1. Incorporation by reference. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. Nature of this Settlement. This Settlement Agreement involves an exchange of development between two large parcels located within the Rural Fringe Mixed Use District (RFMUD) of Collier County. The first component changes the designation of 578 acres of that land known as the "Hussey Lands" from Sending to Receiving Lands. The second component changes the designation of 578 acres of that land known as the "SR 846 Lands" from Receiving to Sending Lands. By this exchange, the balance of development rights within the Rural Fringe Mixed Use District remains substantially the same. Additional considerations are detailed below. The Hussey Lands 3. The Hussey Lands are graphically depicted in Exhibit A, and comprise a total of 1,110 acres. These lands are located within the Rural Fringe Mixed Use District and are all currently designated as Sending Lands. Exhibit A approximately depicts how the Hussey Lands are to be divided. The 578 acres north of the boundary line will be changed from Sending to Receiving Lands, and Collier County will amend the Future Land Use Map designation of these 578 acres accordingly. Exhibit B contains the legal description of these 578 acres, which shall define and control which lands have been redesignated as Receiving Lands. The remaining 523 acres of the Hussey Lands will remain Sending Lands. The early entry TDR bonus density credit shall be extended for three (3) years for these Sending Lands after approval by the Court of this Agreement, or 3 1213 such other date as may be extended generally for other RFMUD Sending Lands, whichever is the later date. 4. Within 180 days following the effective date of this Settlement Agreement, the Husseys shall deed to the County one hundred and eighty (180) feet of right-of-way for the future Wilson Boulevard Extension (Blackburn Road) along the southern property line of the HHH Ranch. The dedicated land is depicted on Exhibit C, and comprises approximately 22.318 acres. The Owner will receive $55,795 in road impact fee credits for this dedication, valued at $2,500 per acre. These road impact credits shall inure to the benefit of the Hussey Lands, and will run in perpetuity. No further consideration will be due to the Husseys for this dedication, irrespective of whether the Impact Fee Credits are or can be utilized in whole or in part. The right of way and stormwater parcels will be transferred to the County in fee simple, by statutory warranty deed, subject to easements and reservations of record. The County shall be responsible for paying the costs of any title work and searches, and the Husseys shall be responsible for all costs incurred in promptly removing or curing all liens, encumbrances or deficiencies revealed in any title work, following which the Husseys will provide the Office of the County Attorney with an executed deed, suitable for recording. Upon receipt, the County at its cost will record the deed in the Public Records of the County. The Husseys will be permitted access onto the future Wilson Boulevard Extension for residential and agricultural uses, with at least two tie-in locations that permit left turns in. The Husseys may be permitted access onto the future Wilson Boulevard Extension for the hauling of excavated materials, which access will be subject to the conditions of any excavation permits or conditional use that may be obtained. The Husseys' entitlements to density and TDRs shall include the area dedicated to the County identified in Exhibit C. 5. The HHH Ranch lands shall be subject to the Preservation and Native Vegetation Retention Standards within CCME Policies 6.1.2 and 6.1.5 based upon the existing native vegetation as depicted by a FLUCCS Map, which Map shall be prepared by the Husseys, subject to approval by the County. This Map is to be prepared and presented to the County for review within 180 days of the effective date of this 4 128 4 Agreement. The parties will cooperate with one another to ensure a mutually agreeable FLUCCS Map. The SR 846 Lands 6. The SR 846 Lands are graphically depicted in Exhibit D, and comprise a total of 2,576 acres. These lands are located within the Rural Fringe Mixed Use District and are currently designated as Receiving Lands. As detailed below, 578 acres of the SR 846 Lands will be converted from Receiving to Sending Lands, in order to mirror the 578 acres of Hussey Lands being converted from Sending to Receiving Lands. The remaining 1,998 acres shall remain designated as Receiving Lands. Exhibit E sets forth the Legal Description of the SR 846 Lands. 7. Exhibit D approximately depicts the SR 846 Lands to be divided into Sending and Receiving Lands. The 578 acres which are denoted by the appropriate hash mark will be changed from Receiving Lands to Sending Lands, and Collier County will amend the Future Land Use Map designation of these 578 acres accordingly. There is presently no Legal Description for these proposed Receiving and Sending Lands. At the time the SR 846 Lands are developed, or when TDR rights are severed, the owner of the SR 846 Lands may make minor changes to the depicted areas, and at such time a Legal Description defining the 578 acre Sending tract and the 1,998 acres of Receiving tract(s) shall be prepared and forwarded to the County. The County Manager or his designee is authorized to administratively determine whether the changes to the depicted areas constitute a minor change, with any objection subject to a de novo review by the Board of County Commissioners. Any major changes to the depicted areas must be approved by majority vote of the Board of County Commissioners. 8. The SR 846 Lands may be developed in accordance with the provisions herein or the RFMU District generally as may be amended (or a combination thereof on separate parcels). One road may be provided in the Sending Lands to facilitate a connection to Immokalee Road. The early entry TDR bonus density credit shall be 5 12B extended for three (3) years for the Sending Lands after approval by the Court of this Agreement or such other date as may be extended generally for other RFMUD Sending Lands whichever is the later date. A Conditional Use for earthmining and extraction was previously approved for this property (Resolution No. 2012-15), a portion of which is changed from Receiving to Sending Lands by this Agreement. Earthmining and extraction are no longer permitted on SR 846 Sending Lands and no amendment of Resolution No. 2012-15 is necessary to enforce this prohibition on earthmining and extractions on the SR 846 Sending Lands. Nothing in this paragraph shall confer any mining rights on the Hussey Lands. Legal Matters 9. Non-admission of liability. It is understood and agreed that this Settlement Agreement is the compromise of disputed claims, and that nothing contained herein shall 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 expressly denied. 10. Mutual General Release. Each of the parties signing below, on behalf of themselves, their former and present employees, agents, officers, directors, servants, representatives, insurers, assigns and predecessors and successors in interest, hereby releases and forever discharges each and every other party signing below, together with their former and present employees, agents, officers, directors, servants, representatives, insurers, assigns, and predecessors and successors in interest, from any and all claims of whatever nature or description, which relate to, arise from, or could have been alleged, in the above captioned lawsuits. 11. Voluntary Execution. This Agreement contains the entire agreement between the parties hereto regarding the resolution of their disputes. 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 6 128 - 1 Agreement. In executing this Agreement, the parties acknowledge that they have not relied on any inducements, promises, or representations other than those contained herein. 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. 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. 15. 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. 16. Enforceability and Adoption. 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. Upon approval by the Court and the expiration of the time within which for any third parties to appeal, or the upholding of this settlement with finality, if so appealed,this action will be dismissed with prejudice. 17. 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. 7 128 t- 18. 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. Remainder of Page Intentionally Left Blank. Signature Pages and Exhibits to Follow. 8 1-17-13 Hussey SA—REV 1-31-13 JV&JK&2-1-13 dw 1 2 B IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: BOARD OF COUN 1 COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNT FLORIDA BY.. i� 1 0f I i •• By: �� Deputy Clerk 1 • i I 7.7 HILLER, ESQ. E ,t C` ° "IRWOMAN ifc-/t Mary Pat ussey Francis D. Hussey, Jr. .144‘le Sean Hus•(', Trustee Michael J. Boran, Co-Trustee SR 846 Land Trust , if Ronald L. Brown, Co-Trustee inchester Lakes, Inc. SR 846 Land Trust oseph Bonness, President -‘dologri HHH Investments, LP By: HHH Investments 'orp. I., GP Francis D. Hussey, J , President 9 1-17-13 Hussey SA—REV 1-31-13 JV&JK&2-1-13 dw 1 2 El 'I STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this q day of February, 2013, by Mary Pat Hussey, who is personally known to me c/ or who has produced as identification. """'• YADIRA P.VEGA ,% • f/ � Notary t''rbiic-State of Florida No 'ublic A _•: + My Comm.Expires Jan 22,2015 Pr' ame: (Au/1 (-� 1 - v�G 01 ,34 Commission#EE 49019 "''% ° ''`' M Commissi n Expires: ��'" Bonded Through National Notary Assn.� h STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this y day of February, 2013, by Francis D. Hussey, Jr., who is personally known to me or who has produced as identification. ir''''•. YADIRA P.VEGA Not, ' blic I / n6 ��; ��:. Notary pm,ihlic State of Florida Pr ame: \ �� _•* �� .•:My Com .Expires Jan 22,2015 , �� a; Commission#EE 49019 M Commissi n Expires: °' Bonded Through National Notary Assn. STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this - ,� day of February, 2013, by Sean Hussey, as Trustee, who is personally known to me or who has produced as identification. LI� / YADIRA P.VEGA Ns . y Pu s lic n ' a "s' Vi Name: yaCI.Notary F�iblic-State of Florida My Comm.Expires Jan 22,2015 Commiss Expir es: Commission#EE 49019 '-' J "'%F O,°„�•�`, Bonded Through National Notary Assn. 9 1-17-13 Hussey SA—REV 1-31-13 JV&JK&2-1-13 dw 1 2 B STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of February, 2013, by Michael J. Boran, as Co-Trustee of the SR 846 Land Trust, on behalf of such trust, who is personally known to me or who has produced as identification. Notary Public Print Name: My Commission Expires: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of February, 2013, by Ronald L. Brown, as Co-Trustee of the SR 846 Land Trust, on behalf of such trust, who is personally known to me or who has produced as identification. Notary Public Print Name: My Commission Expires: STATE OF FLORIDA COUNTY OF COLLIER -1•h The foregoing instrument was acknowledged before me this 1 day of February, 2013, by Joseph Bonness, as President of Winchester Lakes, Inc., a Florida corporation, on behalf of such corporation, who is personally known to me ✓or who has produced as id-ntification. AiAir ► y Public ' / R�Nye;, YADIRA P. VELA nt Name: y �� �/ :*�.r= Notary P'iblic-State of Florida y Commission Expires: ' '�' :•e My Comm.Expires Jan 22,2015 * iris . Commission#EE 49019 �' "�•, Bonded Through National Notary Assn. 10 12B ' IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk GEORGIA A. HILLER, ESQ. CHAIRWOMAN Mary Pat Hussey Francis D. Hussey, Jr. Sean Hussey, Trustee Mich -1 J. Boran, Co-Trustee SR 846 Land Trust •nald L. Brown, Co- rustee Winchester Lakes, Inc. SR 846 Land Trust Joseph Bonness, President HHH Investments, LP By: HHH Investments Corp. I., GP Francis D. Hussey, Jr., President 10 1-17-13 Hussey SA—REV 1-31-13 JV&JK&2-1-13 dw 1 2 B - lit STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this ' day of February, 2013, by Francis D. Hussey, Jr., President of HHH Investments Corp. I, a Delaware corporation, authorized to do business in the state of Florida, which is the General Partner of HHH Investments L.P., a Delaware limited partnership authorized to do business in the state of Florida, on behalf of such limited partnership, who is personally known to me <-- or who has produced as identification. m // i ' Not. . 1c �, ,f 4 1�� � ,�o�P""'fa-, vnirsA P vESa Pri r ame: t'A. C.` v V p' *r Notary^ blic_State of Florida ,,* �,n # My Comm. expires Jan 22,2015 M 'ommissi0 Expires: 'O.-, Commission#EE 49019 flooded Through National Notary Assn. Approv:• as t form and leg. s u Jeffrey .� ,.,..• County '1 to ',ey 1 1 11 ^ w 12B ! STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of February, 2013, by Michael J. Boran, as Co-Trustee of the SR 846 Land Trust, on behalf of such trust, who is personally known to me or who has produced as identification. 011:'•i' -..Public L A M ' �_ ComICET mission. DD ULHOLL# 986219 ND NOTary ° a z a= 16,2014 [+'c A. /y1wl�,.�l Expires May Print Name: ,f .,' o.. gamed Thru Trop Fain in 800-3&5-7019 My Commission Expires: /0_.2 I(, 2c,I y STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 76' day of February, 2013, by Ronald L. Brown, as Co-Trustee of the SR 846 Land Trust, on behalf of such trust, who is personally known to me or who has produced as identification. LICET A.MULHOLLAND s?'" .: Notary Public j . ah ... Commission#DD 986219 print Name: 'e 1�A %Lp Expires May 16,2014 e+' /�. ✓Yt it. "'AR;F;,o.. Bonded Thru Troy Fan Insurance 800.385.7019 My Commission Expires: i (0, 14.)I y STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of February, 2013, by Joseph Bonness, as President of Winchester Lakes, Inc., a Florida corporation, on behalf of such corporation, who is personally known to me or who has produced as identification. Notary Public Print Name: Appr+ e nd legal sufficiency: My Commission Expires: '�,�1M Jeffrey f .q kow Count 'A orney 12 M EXHIBIT A 1 2 B � Lg� +,"s Section 29 308 Ac.t ' .z .4. 41 Section 32 654 Ac.t �. Section 33 148 Ac.± r ', I ;;'j = = }SN ti, '� +� •-„ Total 1,110Ac.t } ix;, r es_ .. .�. .. -�,S t.�ty f 4'— jlt-?sec t.. - .. ?r” sr_ gyp. " ....,..',.!_. ',..',!,.4.".e., '..,;:i .t....'.4:7'''''. .,..4 W '''.1.4,'4',.4..r-1.."- F ' k., •''f' - - } �S N ` . - . . it iY. '4 •1 ' ti; R-. ' ;1..,1'..,. 't � Y - e ��_ •� f.i '.J Z J �„ + 1 rt ., • •• i7„— ' _ .._ .. ..k.. "&"i,"'• '''a- ..-4-. i 12R1 EXHIBIT B - HHH Ranch Receiving Lands 1. Within Section 29, Township 49, Range 27; parcels: 00328560002 294927E1/2OFSE 1/4,NW1/4 OF SE 1/4, E 1/2 OF SW 1/4 OF SE 1/4,NW 1/4 OF SW1/4 OF SE 1/4,N1/2 OF SE 1/4 OF SW 1/4,NE 1/4 OF SW 1/4, E 1/2 OF NW 1/4 OF SW 1/4, SW 1/4 SE 1/4 SW 1/4, W 1/2 OF SE 1/4 OF SE 1/4 OF SW 1/4, SE 1/4 OF SW1/4 OF SW 1/4, E 1/2 OF SW 1/4 OF SW 1/4 OF SE1/4, 00331320006 29 49 27 SE1/4 OF SE1/4 OF NE1/4 00330480002 29 49 27 E1/2 OF SW1/4 OF SW1/4 OF NE1/4 00328640003 29 49 27 E1/2 OF SE1/4 OF SE1/4 OF NW1/4 + W1/2 OFSW1/4 OFSW1/4 OF NE1/4 00329240004 29 49 27 W1/2 OF SW1/4 OF SW1/4 OF SE1/4 5 AC. OR 1342 PG 1129 00330840008 29 49 27 E1/2 OF SE1/4 OF SE1/4 OF SW1/4 5 AC. OR 1342 PG 969-970 2. The Northern 279 acres of Section 32, Township 49 South, Range 27 East 12B EXHIBIT B—HHH Ranch Sending Lands 1. The Southern 375 acres of Section 32, Township 49 South, Range 27 East, less and except any lands that were previously taken for highway right of way. 2. Within Section 33, Township 49 South, Range 27 East; parcels: 00344240005 33 49 27 W1/2 OF S1/2 OF S1/2 OF N1/2 OF N1/2 OF NW1/4 00343760007 33 49 27 W1/2 OF N1/2 OF N1/2 OF S1/2 OF N1/2 OF NW1/4 00345280006 33 49 27 WI/2 OF S1/2 OF N1/2 OF S1/2 OF N1/2 OF NW1/4, LESS W 35FT 00343080004 33 49 27 W1/2 OF N1/2 OF S1/2 OF S1/2 OF N1/2 OF NW1/4 LESS W 35' 00342840009 33 49 27 W1/2 OF S1/2 OF S1/2 OF S1/2 OF N1/2 OF NW1/4 LESS W 35FT 00344040001 33 49 27 W1/2 OF N1/2 OF N1/2 OF N1/2 OF S1/2 OF NW1/4, LESS W 35FT 00344960000 33 49 27 EI/2 OF N1/2 OF N1/2 OF S1/2 OF N1/2 OF NW1/4, E1/2 OF S1/2 OF S1/2 OF N1/2 OF N1/2 OF NW1/4 LESS E 35 FT 00342080005 33 49 27 N1/2 OF S1/2 OF S1/2 OF NE1/4 OF NW1/4, S1/2 OF N1/2 OF S1/2 OF NE1/4 OF NW1/4, LESS E 35FT 00344760006 33 49 27 E1/2 OF S1/2 OF S1/2 OF S1/2 OF N1/2 OF NW1/4,N1/2 OF N1/2 OF SE1/4 OF NW1/4,N1/2 OF S1/2 OF N1/2 OF SE1/4 OF NW1/4 LESS E 35FT 00344560002 33 49 27 E1/2 OF S1/2 OF S1/2 OF N1/2 OF S1/2 OF NW1/4, LESS E 35FT 00345240004 33 49 27 E1/2 OF N1/2 OF N1/2 OF S1/2 OF S1/2 OF NW1/4 00342200005 33 49 27 S1/2 OF S1/2 OF SW1/4 OF NW1/4 LESS S & W 35FT 1213 • 4 00342760008 33 49 27 E1/2 OF S1/2 OF S1/2 OF S1/2 OF NW1/4 LESS E 35FT & S 35FT 00345400006 33 49 27 N SOFT OF NE1/4 OF SW1/4, E SOFT OF S 280FT OF N1/2 OF NE1/4 OF NE1/4 OF SW1/4 1.84 AC OR 36 PG 378 00342120004 33 49 27 N1/2 OF N1/2 OF NE1/4 OF SW1/4 LESS N+E SOFT 00342920000 33 49 27 S1/2 OF N1/2 OF NW1/4 OF SW1/4, LESS W 35FT 00344520000 33 49 27 W1/2 OF N1/2 OF N1/2 OF S1/2 OF N1/2 OF SW1/4 LESS W 35' 00342600003 33 49 27 W1/2 OF S1/2 OF N1/2 OF S1/2 OF N1/2 OF SW1/4 LESS W 35 FT 00344360008 33 49 27 E1/2 OF S1/2 OF N1/2 OF S1/2 OF N1/2 OF SW1/4, LESS E 35 FEET 00344640003 33 49 27 E1/2 OF N1/2 OF N1/2 OF S1/2 OF N1/2 OF SW1/4 00343200004 33 49 27 W1/2 OF S1/2 OF S1/2 OF S1/2 OF N1/2 OF SW1/4 LESS W 35 FT 00343840008 33 49 27 W1/2 OF W1/2 OF SW1/4 OF SW1/4 LESS W 50 FT AND S SOFT OR 140 PG 336, LESS N SOFT OF S100FT OR 201 PG 815 12B Exhibit C PROJECT NO. Florida Rock Haul Road/Wilson Boulevard Extension • PROJECT PARCEL NO. 118FEE FOLIO NOS. 00342040003&00341960003 LEGAL DESCRIPTION &SKETCH (NOT A SURVEY) THE NORTH 180 FEET OF THE SOUTH 280 FEET OF SECTION 32, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. (CONTAINING 22.318 ACRES, MORE OR LESS) • SECTION 32 • • • I TERSTATE I-75 RIGHT-OF-WAY(100 FEET NORTH OF THE SOUTH SECTION LINE), 5.101*FEET • SKETCH NOT TO SCALE • Corner County Growth Management DI loo-TrenepormAon Enpineertg Deperhnart 02/06/13 2:36 PM Exhibit D PLATT RD ce gg __58TH AVE NE ! 1 . .. _.• 27 26 1 25 30 wt ,TURKEy DR , 1 66TH AVE NE NINIsSiii IIVIi°14,1->r Wily . _64TH AVE NE _ .. \41;00°#r000/44, _G_2__ND3_TENE 34 GOTH AVE NE ___ _ ....... 4114 -1-8Tki-AY"-ILT47 T47 \ikt‘.I AiA lwr T48 r 55TH AVE NTE4S 3 ! 11 ,,.•112.16AV_E NE 1 1 Allil 52ND AVE NE AAI s S 1 b. '11411114&N I_ _50TH AVEHE__, 6 1 1 W W W W r W 48TH AVE NE I 10 47TH AVE NE 11 liti tn CO P4 12 t I- to 7 - 45TH AVE NE i N i UMW S,R. 848 LAND TRUST PETTES SENDING . PROPERTY IOUNDANY FROM VALICR.WILLER MO RIAU PINE io-0-04 ERE Imit*1P-11-01. I . RECEIVING ii low GAN EAR • Poo i 11.14 III .411% 14.'''" 44 f I 2 lab I I A I S.R.S46 SUBDISTRICT MAP "..w. 3/I/12 PA4NARF " % '.441.1;.4. %.'. ' - A eCrle".1ATVC I+ G:\CDES Planning Services\Comprehensive\DavichBert Harris claim.Hussey\I-17-13 settlement offer • • 128 EXHIBIT "E" LEGAL DESCRIPTION SR 846 LANDS ALL OF SECTION 35 AND 36 IN TOWNSHIP 47 SOUTH, RANGE 27 EAST AND ALL OF SECTIONS 1 AND 2 IN TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS ROAD RIGHT-OF-WAY FOR COUNTY ROAD 846 (IMMOKALEE ROAD), COLLIER COUNTY, FLORIDA. .,.,:l...2_, 1 (PLEASE PRINT CLEARLY) Agenda Item # ,2 6 it MEETING DATE _2_,./i 2.-AO5 (Circle Meetin g Type) Regular Special Workshop Budget AGENDA ITEM TITLE ifs/ -1d 7—,0,,,,,.4,)--- } NAME J.///�1P � l-!-.L�. ADDRESS %2 1.{/)G 5 O,J3J ji.J P C,'p Representing/Petitioner: hG r! cc,la. Other; COLLIER COUNTY ORDINANCE NO.2003-53,AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,REQUIRES THAT ALL LOBBYISTS SHALL,BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES(INCLUDING,BUT NOT LIMITED TO,ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE(3)MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR (PLEASE PRINT CLEARLY) Agenda Item # f a, A - a MEETING DATE ;). /c J / ..3 /y (Circle Meeting Type) R u�layrr Special Workshop Budget AGENDA ITEM TITLE CI N.A:> ,40k("-y-7/.c;r- d! !"c/c�,:.z'5" / -._. C// ,.is7t:.-.z, `:�`T�� NAME fey 1 c' /J 'w i. A D DRESS 10/0 `y le^ n- S'7,72Z}� ("}>7.- (L',1 7,/, Representing/Petitioner: Other: /� � - ._,__ C I COLLIER COUNTY ORDINANCE NO.2003-53,AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,REQUIRES THAT ALL LOBBYISTS SHALL,BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES(INCLUDING,BUT NOT LIMITED TO,ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE(3)MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD >2-4- t (PLEASE PRINT CLEARLY) Agenda Item # MEETING DATE 2_,/i 2/03 (Circle Meeting Type) Regular Special Workshop Budget AGENDA ITEM TITLE �S1 / '2i4 NAME /�/// 1-4,11" ...--:,f-/ 5" ADDRESS /L i?, L(1 Z 1,J O ebti P c — Representing/Petitioner: 0f45/ Z. Other: COLLIER COUNTY ORDINANCE NO.2003-53,AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,REQUIRES THAT ALL LOBBYISTS SHALL,BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES(INCLUDING,BUT NOT LIMITED TO,ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE(3)MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD (PLEASE PRINT CLEARLY) Agenda Item # Ta A , -x. MEETING DATE 01/(7/../ / 3 (Circle Meeting Type) R ular Special Workshop Budget AGENDA ITEM TITLE 0.t.o..".1,J)e r-r /./a"mot _. /1,,,,55.y...y EY7/ i41 E /'' NAME�e�y'e C �, O�e ADDRESS �I 0/p,J%�n- SrTLC ��/ ......0.0524Z4,/ Representing/Petitioner: Other: Cr� [-art(.- COLLIER COUNTY ORDINANCE NO.2003-53,AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,REQUIRES THAT ALL LOBBYISTS SHALL,BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES(INCLUDING,BUT NOT LIMITED TO,ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE(3)MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD I g, 12 :. , 3 COLLIER COUNT Y DvBON AU S O C I E T Y 1020 8th Avenue, South, Suite 2 Naples,FL 34102 239-643-7822 February 11, 2013 Collier County Board of Commissioners Georgia Hiller, Chair 3299 Tamiami Trail East, Suite 303 Naples, FL 34112-5746 Via email RE: Francis D. Hussey, Jr., et al. v. Collier County, et al., Second District Court of Appeal Case No. 2D11-1224; and Sean Hussey, et al. v. Collier County, et al., Second District Court of Appeal Case No. 2D11-1223 (BCC Agenda Item 12B for February 12, 2013 Regular Meeting) Dear Commissioners: On behalf of Collier County Audubon Society, an intervenor on the above-referenced litigation cases, I am writing to object to Collier County signing the settlement agreement under consideration at the February 12, 2013 regular meeting. Collier County Audubon Society believes this settlement to not be in the interest of the citizens of Collier County. We believe the settlement violates the intent and ultimate effectiveness of the Rural Fringe Mixed Use District policies which were designed to protect wetlands and imperiled species habitats on 93,000 acres of rural lands, while fairly compensating landowners whose development rights were reduced onsite, but enhanced offsite through a Transferable Development Rights program. The creation of these policies was mandated by Governor Jeb Bush and the Cabinet in 1999, and defended successfully in several court challenges by Collier County with Collier Audubon, Florida Wildlife Federation and the State providing significant litigation assistance each time. We are dismayed that the County would now consider such a settlement as is before you in the Hussey cases, which amounts to abandoning major portions of this landmark rural resources protection program. Specific objections include: • Habitat in the North Belle Meade Hussey lands proposed for rock mining and development is occupied Florida panther habitat which connects the Florida Panther National Wildlife Refuge with South Belle Meade/Picayune Strand State Forest, while the 846 Land Trust acreage is not useful for panthers due to its being surrounded by roads and increasing development. These are not ecologically equivalent parcels of habitat. • Increasing rock mining near the imperiled red-cockaded woodpecker colonies on and near the Hussey land, is contrary to the purposes of the Sending Land designation approved with the creation of the Rural Fringe Mixed Use District. 128 #c1 '3 r • Sending and Receiving Area development potentials,measured in TDR credits, were calculated and balanced by TDR expert Dr. James Nicholas, and the current proposed settlement does not have the data and analysis necessary to recalculate that credit balance. This will undermine the economic functioning of the TDR program just as it is emerging from the economic downturn and TDR credit demand is rising. • The draft Settlement Agreement is too vague regarding many details on both the 846 Land Trust, and Hussey Sending and Receiving Lands,to ascertain what future land use outcomes can be expected, aside from rock mining. Based on ecologically and economically unsupportable land use changes that undermine the State-mandated Rural Fringe Mixed Use District resource protection policies, Collier County Audubon Society objects strongly to the County signing the proposed Agreement. Sincerely, Southwest Florida Policy Associate 128 Jjh Receiving Lands. The second component changes the designation of 578 acres of that land known as the "SR 846 Lands" from Receiving to Sending Lands. By this exchange, the balance of development rights within the Rural Fringe Mixed Use District remains substantially the same. Additional considerations are detailed below. The Hussey Lands 3. The Hussey Lands are graphically depicted in Exhibit A, and comprise a total of 1,110 acres. These lands are located within the Rural Fringe Mixed Use District and are all currently designated as Sending Lands. Exhibit A approximately depicts how the Hussey Lands are to be divided. The 578 acres north of the boundary line will be changed from Sending to Receiving Lands, and Collier County will amend the Future Land Use Map designation of these 578 acres accordingly. Exhibit B contains the legal description of these 578 acres, which shall define and control which lands have been redesignated as Receiving Lands. The remaining 523 acres of the Hussey Lands will remain Sending Lands. The early entry TDR bonus density credit shall be extended for three (3) years for these Sending Lands after approval by the Court of this Agreement, or such other date as may be extended generally for other RFMUD Sending Lands, whichever is the later date. 4. Within 180 days following the effective date of this Settlement Agreement, the Husseys shall deed to the County one hundred and eighty (180) feet of right-of-way for the future Wilson Boulevard Extension (Blackburn Road) along the southern property line of the HHH Ranch. The dedicated land is depicted on Exhibit C, and comprises approximately 22.318 acres. The Owner will receive $55,795 in road impact fee credits for this dedication, valued at $2,500 per acre. These road impact credits shall inure to the benefit of the Hussey Lands, and will run in perpetuity. No further consideration will be due to the Husseys for this dedication, irrespective of whether the Impact Fee Credits are or can be utilized in whole or in part. The right of way and stormwater parcels will be transferred to the County in fee simple, by statutory warranty deed, subject to easements and reservations of record. The County shall be responsible for paying the costs of any title work and searches, and the Husseys shall be responsible for all costs incurred in promptly removing or curing all liens, encumbrances or deficiencies revealed in any title work, following which the Husseys will provide the 3 12f3 ;17;/ shall be prepared and forwarded to the County. The County Manager or his designee is authorized to administratively determine whether the changes to the depicted areas constitute a minor change, with any objection subject to a de novo review by the Board of County Commissioners. Any major changes to the depicted areas must be approved by majority vote of the Board of County Commissioners. 8. The SR 846 Lands may be developed in accordance with the provisions herein or the RFMU District generally as may be amended (or a combination thereof on separate parcels). One road may be provided in the Sending Lands to facilitate a connection to Immokalee Road. Through use of Planned Unit Development (PUD) zoning and utilization of TDR Credits, a density of up to two and a half(2 '/2) units per gross acre and/or commercial uses may be approved on the Receiving Lands. PUD zoning shall be discretionary with the Board, and not be as of right, and the County Manager or his designcc may rcquirc a market " .: - • - - -•- ' - application involving commercial uses. The early entry TDR bonus density credit shall be extended for three (3) years for the Sending Lands after approval by the Court of this Agreement or such other date as may be extended generally for other RFMUD Sending Lands whichever is the later date. A Conditional Use for earthmining and extraction was previously approved for this property (Resolution No. 2012-15), a portion of which is changed from Receiving to Sending Lands by this Agreement. Earthmining and extraction are no longer permitted on SR 846 Sending Lands and no amendment of the - . .. . . Resolution No. 2012-15 is necessary to enforce this prohibition on earthmining and extractions on the these SR 846 Sending Lands. ,rt?c �' `''` (`� Cl + ct- ( t( `j Gto l 0 :'1/ ��i1 �c; <U k_ Regal Matters 9. Non-admission of liability. It is understood and agreed that this Settlement Agreement is the compromise of disputed claims, and that nothing contained herein shall 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 expressly denied. 10. Mutual General Release. Each of the parties signing below, on behalf of themselves, their former and present employees, agents, officers, directors, servants, 5 128 t 1 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AN FOR COLLIER COUNTY, FLORIDA FRANCIS D. HUSSEY, JR. and MARY P. HUSSEY, husband and wife; and WINCHESTER LAKES CORPORATION, a Florida corporation, Plaintiffs, v. Case No.: 08-6933-CA Consolidated with COLLIER COUNTY, a political subdivision of the Case No.: 08-6988-CA State of Florida; THE HONORABLE CHARLIE CRIST, Governor of the State of Florida; and the FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, Defendants. FLORIDA WILDLIFE FEDERATION and COLLIER COUNTY AUDUBON SOCIETY, INC. Intervenors. SEAN HUSSEY, Successor Trustee to JOSE LOMBILLO, Trustee and EDUARDO PEREIRO, Trustee, Plaintiffs, v. Case No.: 08-7025-CA COLLIER COUNTY, a political subdivision of the State of Florida; THE HONORABLE CHARLIE CRIST, Governor of the State of Florida; and the FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, Defendants. FLORIDA WILDLIFE FEDERATION and COLLIER COUNTY AUDUBON SOCIETY, INC. Intervenors. SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT is made and entered into this of February, 2013, by and between Francis D. Hussey, Jr., Mary Pat Hussey, Sean Hussey, Trustee, Mike Boran, Co-Trustee of the SR 846 Land Trust, Ronald L. Brown, Co- Trustee of the SR 846 Land Trust, Joseph Bonness, President of Winchester Lakes, Inc., UV 12B ,),)//3,! and HHH Investments, L.P. (the "Owner") and Collier County, Florida, a political subdivision of the State Florida(the"County"). WHEREAS, the Plaintiffs, FRANCIS D. HUSSEY, JR., and MARY P. HUSSEY, husband and wife, (the "Husseys") are the fee owners of certain real property within Sections 29 and 32 of the area within Collier County commonly referred to as the North Belle Meade (the"HHH Ranch"); and WHEREAS, the Plaintiff, WINCHESTER LAKES CORPORATION ("Winchester Lakes") holds a leasehold interest in the HHH Ranch and holds contractual rights to subsurface minerals including the underground rock and a contractual right to share in the proceeds of this action; and WHEREAS, the Husseys and Winchester Lakes have filed a claim against Collier County under Florida Statutes § 70.001 (the "Bert Harris Act"), and have also filed claim challenging the constitutionality of the Rural Fringe Amendments pursuant to Article X Sec. 6(a) of the Florida Constitution; and WHEREAS, the parties wish the settle this dispute on the terms and conditions set forth below. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein,the parties agree as follows: 1. Incorporation by reference. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. Nature of this Settlement. This Settlement Agreement involves an exchange of development between two large parcels located within the Rural Fringe Mixed Use District (RFMUD) of Collier County. The first component changes the designation of 578 acres of that land known as the "Hussey Lands" from Sending to 2 12B °v �� Receiving Lands. The second component changes the designation of 578 acres of that land known as the "SR 846 Lands" from Receiving to Sending Lands. By this exchange, the balance of development rights within the Rural Fringe Mixed Use District remains substantially the same. Additional considerations are detailed below. The Hussey Lands 3. The Hussey Lands are graphically depicted in Exhibit A, and comprise a total of 1,110 acres. These lands are located within the Rural Fringe Mixed Use District and are all currently designated as Sending Lands. Exhibit A approximately depicts how the Hussey Lands are to be divided. The 578 acres north of the boundary line will be changed from Sending to Receiving Lands, and Collier County will amend the Future Land Use Map designation of these 578 acres accordingly. Exhibit B contains the legal description of these 578 acres, which shall define and control which lands have been redesignated as Receiving Lands. The remaining 523 acres of the Hussey Lands will remain Sending Lands. The early entry TDR bonus density credit shall be extended for three (3) years for these Sending Lands after approval by the Court of this Agreement, or such other date as may be extended generally for other RFMUD Sending Lands, whichever is the later date. 4. Within 180 days following the effective date of this Settlement Agreement, the Husseys shall deed to the County one hundred and eighty (180) feet of right-of-way for the future Wilson Boulevard Extension (Blackburn Road) along the southern property line of the HHH Ranch. The dedicated land is depicted on Exhibit C, and comprises approximately 22.318 acres. The Owner will receive $55,795 in road impact fee credits for this dedication, valued at $2,500 per acre. These road impact credits shall inure to the benefit of the Hussey Lands, and will run in perpetuity. No further consideration will be due to the Husseys for this dedication, irrespective of whether the Impact Fee Credits are or can be utilized in whole or in part. The right of way and stormwater parcels will be transferred to the County in fee simple, by statutory warranty deed, subject to easements and reservations of record. The County shall be responsible for paying the costs of any title work and searches, and the Husseys shall be responsible for all costs incurred in promptly removing or curing all liens, encumbrances or deficiencies revealed in any title work, following which the Husseys will provide the 3 12B 4 /' Office of the County Attorney with an executed deed, suitable for recording. Upon receipt, the County at its cost will record the deed in the Public Records of the County. The Husseys will be permitted access onto the future Wilson Boulevard Extension for residential and agricultural uses, with at least two tie-in locations that permit left turns in. The Husseys may be permitted access onto the future Wilson Boulevard Extension for the hauling of excavated materials, which access will be subject to the conditions of any excavation permits or conditional use that may be obtained. The Husseys' entitlements to density and TDRs shall include the area dedicated to the County identified in Exhibit C. 5. The HHH Ranch lands shall be subject to the Preservation and Native Vegetation Retention Standards within CCME Policies 6.1.2 and 6.1.5 based upon the existing native vegetation as depicted by a FLUCCS Map, which Map shall be prepared by the Husseys, subject to approval by the County. This Map is to be prepared and presented to the County for review within 180 days of the effective date of this Agreement. The parties will cooperate with one another to ensure a mutually agreeable FLUCCS Map. The SR 846 Lands 6. The SR 846 Lands are graphically depicted in Exhibit D, and comprise a total of 2,576 acres. These lands are located within the Rural Fringe Mixed Use District and are currently designated as Receiving Lands. As detailed below, 578 acres of the SR 846 Lands will be converted from Receiving to Sending Lands, in order to mirror the 578 acres of Hussey Lands being converted from Sending to Receiving Lands. The remaining 1,998 acres shall remain designated as Receiving Lands. Exhibit E sets forth the Legal Description of the SR 846 Lands. 7. Exhibit D approximately depicts the SR 846 Lands to be divided into Sending and Receiving Lands. The 578 acres which are denoted by the appropriate hash mark will be changed from Receiving Lands to Sending Lands, and Collier County will amend the Future Land Use Map designation of these 578 acres accordingly. There is presently no Legal Description for these proposed Receiving and Sending Lands. At the time the SR 846 Lands are developed, or when TDR rights are severed, the owner of the SR 846 Lands may make minor changes to the depicted areas, and at such time a Legal Description defining the 578 acre Sending tract and the 1,998 acres of Receiving tract(s) 4 12B p o shall be prepared and forwarded to the County. The County Manager or his designee is authorized to administratively determine whether the changes to the depicted areas constitute a minor change, with any objection subject to a de novo review by the Board of County Commissioners. Any major changes to the depicted areas must be approved by majority vote of the Board of County Commissioners. 8. The SR 846 Lands may be developed in accordance with the provisions herein or the RFMU District generally as may be amended (or a combination thereof on separate parcels). One road may be provided in the Sending Lands to facilitate a connection to Immokalee Road. The early entry TDR bonus density credit shall be extended for three (3) years for the Sending Lands after approval by the Court of this Agreement or such other date as may be extended generally for other RFMUD Sending Lands whichever is the later date. A Conditional Use for earthmining and extraction was previously approved for this property (Resolution No. 2012-15), a portion of which is changed from Receiving to Sending Lands by this Agreement. Earthmining and extraction are no longer permitted on SR 846 Sending Lands and no amendment of the Resolution No. 2012-15 is necessary to enforce this prohibition on earthmining and extractions on the SR 846 Sending Lands. Legal Matters 9. Non-admission of liability. It is understood and agreed that this Settlement Agreement is the compromise of disputed claims, and that nothing contained herein shall 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 expressly denied. 10. Mutual General Release. Each of the parties signing below, on behalf of themselves, their former and present employees, agents, officers, directors, servants, representatives, insurers, assigns and predecessors and successors in interest, hereby releases and forever discharges each and every other party signing below, together with their former and present employees, agents, officers, directors, servants, representatives, insurers, assigns, and predecessors and successors in interest, from any and all claims of 5 12B ��f whatever nature or description, which relate to, arise from, or could have been alleged, in the above captioned lawsuits. 11. Voluntary Execution. This Agreement contains the entire agreement between the parties hereto regarding the resolution of their disputes. 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 have not relied on any inducements, promises, or representations other than those contained herein. 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. 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. 15. 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. 16. Enforceability and Adoption. 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. Upon approval by the Court and the expiration of the time within which for any third parties to appeal, or the upholding of this settlement with finality, if so appealed,this action will be dismissed with prejudice. 17. 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. 6 126 18. 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. Remainder of Page Intentionally Left Blank. Signature Pages and Exhibits to Follow. 7 12B f i3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk GEORGIA A. HILLER, ESQ. CHAIRWOMAN Mary Pat Hussey Francis D. Hussey, Jr. Sean Hussey, Trustee Michael J. Boran, Co-Trustee SR 846 Land Trust Ronald L. Brown, Co-Trustee Winchester Lakes, Inc. SR 846 Land Trust Joseph Bonness, President HHH Investments, LP By: HHH Investments Corp. I., GP Francis D. Hussey, Jr., President 8 128 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of February, 2013, by Mary Pat Hussey, who is personally known to me or who has produced as identification. Notary Public Print Name: My Commission Expires: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of February, 2013, by Francis D. Hussey, Jr., who is personally known to me or who has produced as identification. Notary Public Print Name: My Commission Expires: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of February, 2013, by Sean Hussey, as Trustee, who is personally known to me or who has produced as identification. Notary Public Print Name: My Commission Expires: 9 12B po STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of February, 2013, by Michael J. Boran, as Co-Trustee of the SR 846 Land Trust, on behalf of such trust, who is personally known to me or who has produced as identification. Notary Public Print Name: My Commission Expires: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of February, 2013, by Ronald L. Brown, as Co-Trustee of the SR 846 Land Trust, on behalf of such trust, who is personally known to me or who has produced as identification. Notary Public Print Name: My Commission Expires: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of February, 2013, by Joseph Bonness, as President of Winchester Lakes, Inc., a Florida corporation, on behalf of such corporation, who is personally known to me or who has produced as identification. Notary Public Print Name: My Commission Expires: 10 1 2 ft 'l ri3 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of February, 2013, by Francis D. Hussey, Jr., President of HHH Investments Corp. I, a Delaware corporation, authorized to do business in the state of Florida, which is the General Partner of HHH Investments L.P., a Delaware limited partnership authorized to do business in the state of Florida, on behalf of such limited partnership, who is personally known to me or who has produced as identification. Notary Public Print Name: My Commission Expires: Approved as to form and legal sufficiency: Jeffrey A. Klatzkow County Attorney 11 V� 128 .., .• .:. , ~ �71 Section 29 308 Ac.t .r w '4 Y ., Section 32 654 Ac.±•pf76„ '—+N x - .. Section 33 148 Ac.t . . r ‘...-!,,,,„,..1: Total 1,110Ac.t 9 4 �.t��c ��x�'�4j;� kr-. ,,; , _ - ,41 1} ' r va — y+ �s r +4 1,% .rY. �'� ay a4 ,{;)J+, Y9: ,* w. .. Rt :Y ! -.x-4.4'"-,-- 1 .• • .4t, r " 1 s s y,1 /w:,-...v.r>'.. v ".4./."'"';:.",,:. - r— .L ,`,. .rte a+- ' ` ,t :;" 'Gn. •S ♦ . i A •` ..:....—..�...,..... 4 ..--+.. .w.+�. •Stir i 12B EXHIBIT A - HHH Ranch Receiving Lands 1. Within Section 29, Township 49, Range 27; parcels: 00328560002 29 49 27 E1/2 OF SE 1/4,NW1/4 OF SE 1/4, E 1/2 OF SW 1/4 OF SE 1/4,NW 1/4 OF SW1/4 OF SE 1/4,N1/2 OF SE 1/4 OF SW 1/4,NE 1/4 OF SW 1/4, E 1/2 OF NW 1/4 OF SW 1/4, SW 1/4 SE 1/4 SW 1/4, W 1/2 OF SE 1/4 OF SE 1/4 OF SW 1/4, SE 1/4 OF SW1/4 OF SW 1/4, E 1/2 OF SW 1/4 OF SW 1/4 OF SE1/4, 00331320006 29 49 27 SE1/4 OF SE1/4 OF NE1/4 00330480002 29 49 27 E1/2 OF SW1/4 OF SW1/4 OF NE1/4 00328640003 29 49 27 E1/2 OF SE1/4 OF SE1/4 OF NW1/4 + W1/2 OF SW1/4 OF SW1/4 OF NE 1/4 00329240004 29 49 27 W1/2 OF SW1/4 OF SW1/4 OF SE1/4 5 AC. OR 1342 PG 1129 00330840008 29 49 27 E1/2 OF SE1/4 OF SE1/4 OF SW1/4 5 AC. OR 1342 PG 969-970 2. The Northern 279 acres of Section 32, Township 49 South, Range 27 East 128 , �3 EXHIBIT B—I-IHH Ranch Sending Lands 1. The Southern 375 acres of Section 32, Township 49 South, Range 27 East, less and except any lands that were previously taken for highway right of way. 2. Within Section 33, Township 49 South, Range 27 East; parcels: 00344240005 33 49 27 W1/2 OF S1/2 OF S1/2 OF N1/2 OF N1/2 OF NW1/4 00343760007 33 49 27 W1/2 OF N1/2 OF N1/2 OF S1/2 OF N1/2 OF NW1/4 00345280006 33 49 27 W1/2 OF S1/2 OF N1/2 OF S1/2 OF N1/2 OF NW1/4, LESS W 35FT 00343080004 33 49 27 W1/2 OF N1/2 OF S1/2 OF S1/2 OF N1/2 OF NW1/4 LESS W 35' 00342840009 33 49 27 W1/2 OF S1/2 OF S1/2 OF S1/2 OF N1/2 OF NW1/4 LESS W 35FT 00344040001 33 49 27 W1/2 OF N1/2 OF N1/2 OF N1/2 OF S1/2 OF NW1/4, LESS W 35FT 00344960000 33 49 27 E1/2 OF N1/2 OF N1/2 OF S1/2 OF N1/2 OF NW1/4, E1/2 OF S1/2 OF S1/2 OF N1/2 OF N1/2 OF NW1/4 LESS E 35 FT 00342080005 33 49 27 N1/2 OF S1/2 OF S1/2 OF NE1/4 OF NW1/4, S1/2 OF N1/2 OF S1/2 OF NE1/4 OF NW1/4, LESS E 35FT 00344760006 33 49 27 E1/2 OF S1/2 OF S1/2 OF S1/2 OF N1/2 OF NW1/4,N1/2 OF N1/2 OF SE1/4 OF NW1/4,N1/2 OF S1/2 OF N1/2 OF SE1/4 OF NW1/4 LESS E 35FT 00344560002 33 49 27 E1/2 OF S1/2 OF S1/2 OF N1/2 OF S1/2 OF NW1/4, LESS E 35FT 00345240004 33 49 27 E1/2 OF N1/2 OF N1/2 OF S1/2 OF S1/2 OF NW1/4 00342200005 33 49 27 S1/2 OF S1/2 OF SW1/4 OF NW1/4 LESS S & W 35FT 128 8:43 00342760008 33 49 27 E1/2 OF S1/2 OF S1/2 OF S1/2 OF NW1/4 LESS E 35FT & S 35FT 00345400006 33 49 27 N SOFT OF NE1/4 OF SW1/4, E SOFT OF S 280FT OF N1/2 OF NE1/4 OF NE1/4 OF SW1/4 1.84 AC OR 36 PG 378 00342120004 33 49 27 N1/2 OF N1/2 OF NE1/4 OF SW1/4 LESS N+E SOFT 00342920000 33 49 27 S1/2 OF N1/2 OF NW1/4 OF SW1/4, LESS W 35FT 00344520000 33 49 27 W1/2 OF N1/2 OF N1/2 OF S1/2 OF N1/2 OF SW1/4 LESS W 35' 00342600003 33 49 27 W1/2 OF S1/2 OF N1/2 OF S1/2 OF N1/2 OF SW1/4 LESS W 35 FT 00344360008 33 49 27 E1/2 OF S1/2 OF N1/2 OF S1/2 OF N1/2 OF SW1/4, LESS E 35 FEET 00344640003 33 49 27 E1/2 OF N1/2 OF N1/2 OF S1/2 OF N1/2 OF SW1/4 00343200004 33 49 27 W1/2 OF S1/2 OF S1/2 OF S1/2 OF N1/2 OF SW1/4 LESS W 35 FT 00343840008 33 49 27 W1/2 OF W1/2 OF SW1/4 OF SW1/4 LESS W 50 FT AND S SOFT OR 140 PG 336, LESS N SOFT OF S100FT OR 201 PG 815 CQJ 12B ,39.) , �3 Exhibit C PROJECT NO. Florida Rock Haul Road/Wilson Boulevard Extension PROJECT PARCEL NO. 118FEE FOLIO NOS. 00342040003&00341960003 • LEGAL DESCRIPTION&SKETCH (NOT A SURVEY) THE NORTH 180 FEET OF THE SOUTH 280 FEET OF SECTION 32, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. (CONTAINING 22.318 ACRES, MORE OR LESS) SECTION 32 INTERSTATE 1-75 RIGHT-OF-WAY(100 FEET NORTH OF THE SOUTH SECTION LINE) 5,401+f--FEET 4 SKETCH NOT TO SCALE Colder County Growth Management Division-Transportation Engineering Department 02!06/13 2:36 PM Uti Exhibit D 1 2 B KAI T RD __ 2 i 68TH AVE NE 27 I 26 I 25 30 W ,TURKEY DR At U. 66TH AVE NE Niii,,, "V.,§1"---AirXXXISILler 64TH AVE NE _ PrO,PiriA:00//0 62ND AVE NE 34 60TH AVE NE A AellHAY---P-1.t.T47 A011° 4404A'Al( T4S 58TH AVE NE @ MTH AVE NE U.I 0 3 U1 1 1 , 25 ND AVE NE / 1 411<41-11_ _50TH AVE NE p • I 48TH AVE NE 1 10 47TH AVE NE 11 1) ol 61 4. t t -t 45TH AVE NE N .. i i . N 3 tom S.R. 846 LAND TRUST Horn 2 SENDING . PSOMBIITY s0111SARY FROM WILSOM.MILLER i 01•111111011101=110100110011110 DIUMNG Ns attle 1TATi RIM 0-1,94 w*POW e■-•-•14 i Fr?RECEIVING • 1010* tige. 3ine NO 1 mond. iru. V..;,..., iN/II I S.R.646 susots-nucr MAP A.W. -V 1112 PA S g A R ELLA PIIIIIP.A.1.14 4. A.7:Cr-Ifni ATVC 0 G:\CDES Planning Services\Comprehensive WavichBert Harris claim-Hussey\1-17-13 settlement offer cAu 12B EXHIBIT "E" LEGAL DESCRIPTION SR 846 LANDS ALL OF SECTION 35 AND 36 IN TOWNSHIP 47 SOUTH, RANGE 27 EAST AND ALL OF SECTIONS 1 AND 2 IN TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS ROAD RIGHT-OF-WAY FOR COUNTY ROAD 846 (IMMOKALEE ROAD), COLLIER COUNTY, FLORIDA. (PLEASE PRINT CLEARLY) Agenda Item # I c\ w. S MEETING DATE _ 11 (Circle Meeting Type) Regular\ Special Workshop Budget AGENDA EM TITLE -`!.)C..,;(} t 3t Tf�"r1*I i...r NAME }C f .�1L fi`; ADDRESS 1 -f ✓1 f}'?-ti Lrlr�/1`�C., I if LI 24/ 1 Representing/Petitioner: Other: C(}t'...(J v UC COLLIER COUNTY ORDINANCE NO.2003-53,AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,REQUIRES THAT ALL LOBBYISTS SHALL,BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES(INCLUDING,BUT NOT LIMITED TO,ADDRESSING THE BbARD OF COUNTY COMMISSIONERS),REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE(3)MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR. PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD (PLEASE PRINT CLEARLY) Agenda Item # s° ? MEETING DATE {C°l f 7- NAME k-i(Circle Meeting Type) Regular Special Workshop Budget AGENDA ITEM TITLE �/^`/� / 5. 7YG, '71•417 j ,y NAME t74 t�• � � ADDRESS 390 /.0?,tiv L /L' W Representing/Petitioner: ,vJ7.47 T,t - (,/1"/(i> Other: COLLIER COUNTY ORDINANCE NO.2003-53,AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,REQUIRES THAT ALL LOBBYISTS SHALL,BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES(INCLUDING,BUT NOT LIMITED TO,ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE(3)MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD (PLEASE PRINT CLEARLY) Agenda Item # / MEETING DATE / (Circle Meeting Type) Regular Special Workshop Budget AGENDA ITEM TITLE s. < NAME :� ADDRESS Representing/PNer ' F' Other: COLLIER COUNTY ORDINANCE NO.2003-53,AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,REQUIRES THAT ALL LOBBYISTS SHALL,BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES(INCLUDING,BUT NOT LIMITED TO,ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),REGIS I LR WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE(3)MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD (PLEASE PRINT CLEARLY) Agenda Item # t 1) MEETING DATE (Circle Meeting Type) Regular Special Workshop Budget AGENDA ITEM TITLE } NAME C� .,.,f f‘\,) - %* RESS —_ Representing/Petitioner: Other: COLLIER COUNTY ORDINANCE NO.2003-53,AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,REQUIRES THAT ALL LOBBYIS I S SHALL,BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES(INCLUDING,BUT NOT LIMITED TO,ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),REGIS I LR WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE(3)MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD