Backup Documents 04/23/2013 Item #10E Submitted into BCC Record
by Court Reporter: T LeikAs
BCC Meeting Date: Lt(231t3
Agenda Item# ' OE.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY,FLORIDA
JERRY B.BLOCKER and
KIMBERLEA BLOCKER,
Plaintiffs,
v. Case No.: 08-9355-CA
COLLIER COUNTY,a political
subdivision of the State of Florida,
Defendant.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY,a political
subdivision of the State of Florida,
Plaintiff,
v. Case No.: 09-1281-CA
JERRY BLOCKER,KIMBERLEA
BLOCKER;and WANDA M.COLLINS
TRUSTEE,OF THE LARRY AND WANDA
COLLINS LIVING TRUST DATED
DECEMBER 26, 1997;and any tenants/persons
in possession,and any unknown heirs,successors,
assigns,devisees,grantees,creditors,and other
unknown persons or unknown spouses claiming
by,through and under the above-named Defendants,
Defendants.
l /
/ T MEDIATION AGREEMENT
l
This Agreement is made N3is 8th 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
Pagel of 2
lD g
12B
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.
( BER
JP• • Of 4, R LEA BLOCKER
..rr,/ „DEZ-
Jeflie . :176 aw Leonard Reina,Esq.,Civil Mediator
Coun i • i rney
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY,FLORIDA
JERRY B.BLOCKER and
KIMBERLEA BLOCKER,
Plaintiffs,
v. Case No.: 08-9355-CA
COLLIER COUNTY,a political
subdivision of the State of Florida,
Defendant.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, a political
subdivision of the State of Florida,
Plaintiff,
v. Case No.: 09-1281-CA
JERRY BLOCKER,KIMBERLEA
BLOCKER;and WANDA M.COLLINS
TRUSTEE,OF THE LARRY AND WANDA
COLLINS LIVING TRUST DATED
DECEMBER 26, 1997; and any tenants/persons
in possession,and any unknown heirs,successors,
assigns,devisees, grantees,creditors,and other
unknown persons or unknown spouses claiming
by,through and under the above-n, -= 'en'ants,
De .ants.
\ MEDIATED SETTLEMENT AGREEMENT AND MUTUAL RELEASE,
'ThisSettlement Agreement and.Mutual Release ("Agreement") is made and en d into
this 2L# ■ day o 2013 between theme COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter referred to as the
"County") and JERRY BLOCKER AND KIMBERLEA BLOCKER (hereinafter referred to
as the"Blockers").
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WHEREAS, the Parties are involved in two lawsuits before the Twentieth Judicial
Circuit, Collier County, Florida, styled: (l) 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
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their actual out of pocket costs incurred in connection with these Lawsuits and the Code
Enforcement Cases.
The Land Use Component
4. The Immokalee Area Master Plan (Growth Management Plan). The Commerce
Center-Industrial Subdistrict of the Urban—Industrial District of the Immokalee Area Master Plan
Element of the Growth Management Plan is hereby amended to add the following text:
"In addition to the already allowed Transient Housing or Migrant Labor Camps under
Policy 1.5.2,the existing 2.74 acre mobile home park/migrant transient housing property located
at 1101, 1121 and 1123 Alachua Street and further described below is allowed to continue as a
legal conforming use, with a mix of housing types. As such, the owner may alter, replace,
relocate, upgrade and add dwelling units. In addition,the 2.74 acre site is eligible for residential
redevelopment at a maximum density of 12 units per gross acre, but in no event less than 33
units,and the permitted residential uses are those uses permitted by the Commerce Center-Mixed
Use Subdistrict of the Urban-Mixed Use District of the Immokalee Area Master Plan. In
calculating such density, the area legally described below that was previously designated as an
alleyway/right-of-way (described in O.R. Book 4324, Pages 960 and 961, and O.R. Book 434,
Pages 962 and 963) shall be utilized in such calculation as to the remainder parcel, irrespective
of any future change in ownership.
The property is further described as:
Lots 6, 7, 8, 9 and 10, Block 48, Newmarket Subdivision, as recorded in Plat
Book 1,Pages 104 and 105,Public Records of Collier County,Florida. [Trustee's
Deed(O.R.Book 3170,Page 1547)]
AND
The Easterly most twenty feet of the Easterly forty feet of the Broward Street
right-of-way lying adjacent to Lots 6 through 10 of Block 48 of the Newmarket
Subdivision, as recorded in Plat Book 1,Pages 104& 105, of the Public Records
of Collier County, Florida. [Quitclaim Deed (O.R. Book 4324, Pages 960 and
961)]
AND
The Westerly most twenty feet of the Easterly forty feet of the Broward Street
right-of-way lying adjacent to Lots 6 through 10 of Block 48 of the Newmarket
Subdivision, as recorded in Plat Book 1,Pages 104& 105 of the Public Records
of Collier County, Florida. [Quitclaim Deed (O.R. Book 4324, Pages 962 and
963)]
5. Zoning. This rezone shall be known as the Blocker Rezone. The zoning
classification of the property described in Section I is hereby changed as provided herein and the
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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
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128
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.
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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.
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r ,
17. Enforceability, This Agreement is effective upon the date it is approved by the
i
Board of County Commissioners of Collier County, Florida. This Agreement is subject to
approval by the Court. l
18. Non-waiver. The failure of either party to enforce at any time any of the 4
provisions of this Agreement shall not constitute a waiver of any such provisions. I
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. .
i
. i
IN WITNESS WHEREOF,the undersigned hereby execute this Agreement on the date(s)
i
set forth below. i 1
AT1; ST .�, BOARD OF COUNTY C• SSIONERS
.1)Wight.-E..Bfock,C ERK OF COL - ICI FLORIDA
A r«. ��ls t Y . S 1 i
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r- . g,t.. .. RK GEII.IA ' . LER,ESQ., CHAIR
JERRY BLOCKER /
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KIMBERLEA BLOCKER
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Submitted into BCC Record ,
by Court Reporter: -[;1u)'6
BCC Meeting Date: it 12.. f(3
Agenda Item# (OE
TO: Board of County Commissioners
FROM: Marvin Courtright
DATE: April 23, 2013
SUBJECT: Commissioner Coyle's Agenda Item 10E
There is obviously an explanation for Mr. Coyle's irate
antagonistic sarcasms regarding the activities of Ms. Hiller,
Mr. Nance and Mr. Henning. I believe that Mr. Coyle has a
guilty conscience. He and previous commissioners, Coletta,
Halas and sitting commissioner Fiala were instrumental in
preventing Mr. Dwight Brock from performing his duties as
mandated by the State of Florida. I base this opinion on
documented facts relative to the Immokalee Airport
regarding lack of oversight in grant funding and
accountability.
The existing situation, multiple audits by the Clerk of Courts,
would not be necessary had the Clerk of Courts been
afforded the privilege of performing his duties.
It's time for Mr. Coyle to accept responsibility for previous
monetary oversights that involved the general fund and
grants.
Submitted into BCC Record ,
by Court Reporter: T.l2S
BCC Meeting Date: Lk(23((3
Agenda Item# koe.
Allison L Kearns
From: johnfbarlow @gmail.com on behalf of John Barlow <johnbarlow @lerivage.net>
Sent: Thursday,July 21,2011 6:15 PM
To: KrumbineMarcy
Subject: Fwd:alllison.kearns @collierclerk.com, dwight.brock @collierclerk.com
FYI
Forwarded message
From: John Barlow<johnbarlow @ lerivage.net>
Date: Thu,Jul 21, 2011 at 6:13 PM
Subject: alllison.kearns @collierclerk.com, dwight.brock @collierclerk.com
To: Leo Ochs<LeoOchs @colliergov.net>,Crystal Kinzel<Crystal.Kinzel @collierclerk.com>,
MarlaRamsey @colliergov.net, Frank Buddy Ramsey<FrankRamsey @colliergov.net>,
mariaackerman@colliergov.net
Ladies and Gentlemen;
Recently you received a letter dated July 18, 2011 from Allison Kearns, internal
auditor for the Clerk of the Circuit Court. This letter contains multiple
statements/assertions that are false. I am going to disregard this letter and suggest
you do the same.
Regards,
John Barlow
John F. Barlow
4351 Gulf Shore Blvd. N.
Residence 19N, Le Rivage
Naples, FL 34103
Phone: 239-649-6380
Cell: 239-250-9101
John F. Barlow
4351 Gulf Shore Blvd. N.
Residence 19N, Le Rivage
Naples, FL 34103
Phone: 239-649-6380
Cell : 239-250-9101
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