Loading...
Backup Documents 02/26/2013 Item #12BORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 12,6 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. 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 throu #2 complete the checklist and forward to the Coun Attome Off Route to Addressees (List in routing order) Office Initials ice. Date 1. appropriate. (Initial) Applicable) 2. 2/26/13 Agenda Item Number 12 -B 3. County Attorney Office County Attorney Office JAK JAK 4. BCC Office Board of County Commissioners ca 1A One 5. Minutes and Records Clerk of Court's Office Documents Attached PRIMARY CONTACT INFORMATION 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 -84 Contact / Department appropriate. (Initial) Applicable) Agenda Date Item was 2/26/13 Agenda Item Number 12 -B Approved by the BCC Does the document need to be sent to another agency for additional signatures? If yes, JAK Type of Document Mediated Settlement Agreement - Blocker Number of Original One Attached Original document has been signed/initialed for legal sufficiency. (All documents to be Documents Attached PO number or account n/a number if document is by the Office of the County Attorney. to be recorded All handwritten strike - through and revisions have been initialed by the County Attorney's JAK INSTRUCTIONS & CHECKLIST 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 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 ti e the item is input into SIRE. Some documents are time sensitive and require forward' 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 2/26/13 nd 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 JAK BCC, all changes directed by the BCC have been made, and the document is ready for 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 :j MEMORANDUM Date: March 6, 2013 To: Virginia Neet, Paralegal Assistant County Attorney's Office From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Mediated Settlement Agreement - Blocker Attached for your records is a copy as referenced above, (Item #1211) adopted by the Board of County Commissioners on Tuesday, February 26, 2013. If you have any questions, please call me at 252 -8411. Thank you. Attachments (4) 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, ►9j 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 1213 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. MBERLEA BLOCKER Leonard Reina, Esq., Civil Mediator Page 2 of 2 c rrc' CJ 12B 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, V. 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 MEDIATED SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Settlement Agreement and. Mutual Release ( "Agreement ") is made and entered into this Z�% day of a 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 qk 12B 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 12B 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)] 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 t 91 12B 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 Component 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 !! 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 12g 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 I r 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. AMSTS. �3Vi:13ck, o-. f- I Jeffrey BOARD OF OF COLD . By: legal form and sufficiency: , County Attorney JERRY BLOCKER KIMBERLEA BLOCKER IONERS ESQ., CHAIR 12B Page 7 of 7 � , i! at ER a � CLYld) ,00,on 3 ,OZ,9f.iL S (A3h21(1S) ,96'6fZ 3 ,OZ.S*.*L S i = aE } pe gp �it OYW `a• mFY.Y< RY Eb iE !E - ♦ 4 'i a.w a ` `♦ �bl Gib °► ` `4 V i � b � 4 FF F ♦ ♦ 8 4 T oy � ■yr .♦ , f ♦ 4 a i 4 I y C °♦ 6 4 e 4 Re gg2 ♦ � p �Y $j W W 1 �� - ♦ 4♦ SY 10 ild' MKC ,,.p,IKT PA.(I,:MT • 1� p } Q 4♦ + � zz • ` P� e k�� �g I a; i4L 6 ; 4 „ n ♦ 4 W{yJ iLl - ________ ♦s♦ d 1,op.Yd llYµsy 3piy ,Yls bti T < na � c • 5 44 ,• c `� a i y Nob Y'a I ♦ ♦ 1 b ` man C ♦ �` � E �4p S� � - ♦ es El s• � i @ �` alts OZ'OyZ M ,SC,LY.�LI N 4 (LYkI) ,00'0YZ M ,OZ,Sir.iL N ` wgYYd lTHdcY pa ys (1V1d) AVM- 30- .LH51H 30NA ,09 3nN3AV 30NNOM (01311) AVM- 30 -40 30M 4 !$1 $ 'Y• @ ,09 A3&S 31X10 ._ 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO l THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE q1 ts- 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 completIte. h exception of the Chairman's signature, draw a line through routing lines # 1 through #2, complete the checklist, and forward to the Countv Anomev Route to Addressees (List in routing order) Office Initials Date 1. Jen Bake Code Enforcement (Initial) 252-2474 2. 2/26/13 J Agenda Item Number 12 -B 3. County Attorney Office County Attorney Office JW 4/11/13 4. BCC Office Board of County Commissioners Number of Original 4 5. Minutes and Records Clerk of Court's Office Trn 4 443 4 3=45,, PRIMARY CONTACT INFORMATION 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 Jeff Wrig t, Assistant County Attorney and Phone Number 252 -840 Contact / Department Jen Bake Code Enforcement (Initial) 252-2474 Agenda Date Item was 2/26/13 J Agenda Item Number 12 -B Approved by the BCC Does the document need to be sent to another agency for additional signatures? If yes, JW Type of Document Release and Satisfaction of Lien — Blocker Number of Original 4 Attached (See Para. 10 of Settlement Agreement) Documents Attached PO number or account 111 - 138911- 649030 number if document is by the Office of the County Attorney. to be recorded All handwritten strike - through and revisions have been initialed by the County Attorney's JW INSTRUCTIONS & CHECKLIST 1: 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 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? JW 2. Does the document need to be sent to another agency for additional signatures? If yes, JW 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 JW 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 JW 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 JW 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 JW signature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip JW 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 releases were approved by the BCC on 2/26/13 and all changes made during the JW 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 JW BCC, all changes directed by the BCC have been made, and the document is ready for he Chairman's signature. 1: 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 OWN This Instrument Prepared By: Jeff E. Wright Assistant County Attorney 3299 Tamiami Trail East Naples, FL 34104 (239) 252 -2440 INSTR 4826386 OR 4909 PG 1667 RECORDED 4/17/2013 3:13 PM PAGES 1 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $10.00 RELEASE AND SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien against all real and personal property owned by: Jerry and Kimberlea Blocker, Respondents The lien was recorded on December 6, 2007, in Official Record Book 4309, Pages 1357, et seq., in the Official Records of Collier County, State of Florida. The lien secures the principal sum of forty -four thousand four hundred fifty -four dollars and sixteen cents, plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, which property is described as follows: LOTS 9 and 10, BLOCK 48, NEWMARKET SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGES 104 -105, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges full and final release and satisfaction of the lien and hereby cancels said lien, together with the related order recorded at Official Records Book 4033, Pages 2464, et seq. The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. ATTEST BOWhairwoman OMMISSIONERS DWIGHfi,.E.,�ROC, Clerk CO ORIDA y' By: je� 'f; sl -6 Chairman'peputy Clerk Esq., signature only. Approved as to form and legal sufficiency Jeff E. right Assist t County Attorney This Instrument Prepared By: Jeff E. Wright Assistant County Attorney 3299 Tamiami Trail East Naples, Florida 34104 (239) 252 -8400 INSTR 4826387 OR 4909 PG 1668 RECORDED 4/17/2013 3:13 PM PAGES 1 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $10.00 RELEASE AND SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That COMMISSIONERS OF COLLIER COUNTY, FLORIDA i s certain lien against all real and personal property owned by Jerry and Kimberlea Blocker, Respondents the BOARD OF COUNTY the owner and holder of a The lien was recorded on January 31, 2008, in Official Record Book 4325, Pages 2983, et seq., in the Official Records of Collier County, State of Florida. The lien secures the principal sum of forty -four thousand four hundred fifty -four dollars and sixteen cents, plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, which property is described as follows: LOTS 6 & 7, BLOCK 48, NEWMARKET SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGES 104 -105, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges full and final release and satisfaction of the lien and hereby cancels said lien, together with the related order recorded at Official Records Book 4033, Pages 2461, et seq. The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. ATTEST' ' ` BOARQQF COUNTY OMMISSIONERS DWIGNT,E BRO}C,'Crk COLLI O N Y, LORIDA K By: ,Deputy Clerk a is A. Hiller, Esq., Attu a� to ;hair►an s Chairwoman signature only. Approved as to form and legal sufficiency Jeff . Wright Assis t County Attorney iza INSTR 4826388 OR 4909 PG 1669 This Instrument Prepared By: RECORDED 4/17/2013 3:13 PM PAGES 1 Jeff E. Wright DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA Assistant County Attorney REC $10.00 3299 Tamiami Trail East Naples, FL 34104 (239) 252 -2440 RELEASE AND SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien against all real and personal property owned by: Jerry and Kimberlea Blocker, Respondents The lien was recorded on December 6, 2007, in Official Record Book 4309, Pages 1361, et seq., in the Official Records of Collier County, State of Florida. The lien secures the principal sum of forty -four thousand four hundred fifty -four dollars and sixteen cents, plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, which property is described as follows: LOT 8, BLOCK 48, NEWMARKET SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGES 104 -105, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges full and final release and satisfaction of the lien and hereby cancels said lien, together with the related order recorded at Official Records Book 4033, Pages 2458, et seq. The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. ATTEST - ,• F R DWJGHT° t R%)QK, Clerk j $:Chairman SDeputy Clerk t: n si�na�ar�`o��y. Approved as to form and legal sufficiency Je E. right Asst nt County Attorney BOARD OF COUNTY COMMISSIONERS COLVItP QOUNT, FLORIDA By: Georgia A. Hiller, Esq., Chairwoman This Instrument Prepared By: Jeff E. Wright Assistant County Attorney 3299 Tamiami Trail East Naples, Florida 34104 (239) 252 -8400 INSTR 4826389 OR 4909 PG 1670 RECORDED 4/17/2013 3:13 PM PAGES 1 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $10.00 RELEASE AND SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That COMMISSIONERS OF COLLIER COUNTY, FLORIDA i s certain lien against all real and personal property owned by Jerry and Kimberlea Blocker, Respondents the BOARD OF COUNTY the owner and holder of a The lien was recorded on December 6, 2007, in Official Record Book 4309, Pages 1359, et seq., in the Official Records of Collier County, State of Florida. The lien secures the principal sum of forty -four thousand four hundred fifty -four dollars and sixteen cents, plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, which property is described as follows: LOTS 6 & 7, BLOCK 48, NEWMARKET SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGES 104 -105, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges full and final release and satisfaction of the lien and hereby cancels said lien, together with the related order recorded at Official Records Book 4033, Pages 2461, et seq. The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. ATTEST ,, •,,., DWIGHTa�;. BROCK;<Clerk r T' #e ^S t,Ch aixfan'Peputy Clerk Y; Approved as to form and legal sufficiency E Wright 4ant County Attorney BOARD OF COUNTY COMMISSIONERS COL OUNTY,'FLORIDA By: G a A. Hiller, Esq., Chairwoman IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION JERRY B. BLOCKER and KIMBERLEA BLOCKER, Plaintiffs, V. COLLIER COUNTY, a political subdivision of the State of Florida, Defendant. Case No.: 08- 9355 -CA_ �. t-, rI �» o c --w AND ORDER OF DISMISSAL WITH PREJUDICE THIS CAUSE came before the Court on the Parties' Joint Motion for Court Approval of Settlement Agreement, pursuant to Florida Statutes 70.001(4)(d)(2), and Proposed Order of Dismissal, and the Court having reviewed the motion and being fully advised in the premises, it is hereupon: ORDERED AND ADJUDGED as follows: 1. Pursuant to Florida Statutes 70.001(4xd)(2), the Court hereby approves the Parties' Settlement Agreement attached and incorporated hereto, and the Joint Motion for Court Approval of Settlement Agreement is hereby GRANTED. 2. Pursuant to Paragraph 9 of the Parties' Settlement Agreement with this Court continuing Jurisdiction as it relates to the Settlement Agreement, this case is hereby DISMISSED WITH PREJUDICE. DONE AND ORDERED in Chambers, Collier County, Florida, on this �I day of March, 2013. / onorable F (rederick R. CIRCUIT COURT JUDGE Conf6nmd Copies to: L/Steven J. Bracci, Esq., Pla ntiffj ' Counsel ,/Gregory N. Woods, Esq., Jeffre A. Klatzkow, Esq., Page 1 of 1 ORDERED that counsel for the Visit ' preira ' shall file with thl Clerk ��osition Report, Form 1.998, within 10 days of this Order. Circuit udge/Date 12R IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLL1tER COUNTY, FLORIDA JERRY B. BLOCKER and KIMBERLEA BLOCKER, Plaintiffs, V. Can No.: 08- 9355 -CA i COLLIER COUNTY, a political subdivision of the State of Florida, Defendant. BOARD OF COUNTY COMMIISSIONERS 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 tenantsipersons 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. This Agreement is made this 8s' 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 UW: 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 terns 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. XIMBERLEA BLOCKER e,—a Leonard Reina, Esq., Civil Mediator Page 2 of 2 12B IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA JERRY B. BLOCKER and KIM[BERLEA BLOCKER, Plaintiffs, Y. CawNo.: 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. ILIA 10 F.ViAJI-3 *51j, INN wim QU1,11115 12 14 31 AWL"T This Settlement Agreement and,Mutual Release ( "Agreement') is made and entered into this Zg ±V\ day of 2013, between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ' (hereftuMer referred to as the "County') and JERRY BLOCKER AND K MBERLEA BLOCKER (hereinafter referred to as the "Blockers'). Page 1 of 7 k 9� o 1 WHEREAS, the Parties are involved in two lawsuits before the Twentieth Judicial Circuit, Collier County, Florida, styled: (1) Jerry Blocker and Mmberlea 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, Can 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, Immokalec, Florida, which property consists of three separate parcels with three separate tax folio numbers (63864720000, 6386468001, and 638647600020) (hereinafter referred to as the "Property'l, 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 ofthe 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 12B their actual out of pocket costs incurred in connection with these Lawsuits and the Code Enforcement Cases. 4. The Immokalee Area Master Plan ((howth 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)] ►Io 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)] FUN IN, ED 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 t 5�1 12B 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 Cirowth 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 homelmigrant 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 jmaximum 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. j 4. Owner shall maintain the perimeter fencing shown on Exhibit "A ". The Liquidated Settlement Q1nDOIICnt 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 Pap 4 of 7 v 126 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. Tho 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 Blocher, 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 Blocher and Kimberley Bloeker. Jerry Blocher and Kimberlea Blocher, 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 12B 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 Executiou/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 12B 17. Enforceability. Ibis 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. Ibe 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 WIINESS WHEREOF, the undersigned hereby execute this Agreement on the date(s) set forth below. , �.7 t 001 legal form and sufficiency- Jeffrey 4. 419alow, County Attorney BOARD OF OF COLZU By' JERRY BLOCKER i is • Page 7 of 7 ESQ., CHAIR 0 It I a � tt 1 , i� � I ► If fit It � f � I •,� rte Y • v iz A W ♦ Nk w� $� G I � � `l. \ i.. • I ' 1 � � rti ` ,..,.,,,,., o .• (1V1d) AYM— �0 -1Fk 1 30N1 A9 3nN3%V 302A" 11;; (um, 0 HQOPH 30MA ,OM 133HIS 3000 �.'