Backup Documents 07/27-28/2010 Item #16K 2ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI161(42
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
(Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The
completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on
the item.)
ROUTING SLIP
Complete routing lines #1 through #4 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 #4, complete the
checklist, and forward to Ian Mitchell (line #5).
Route to Addressee(s)
List in routing order
Office
Initials
Date
1.
Attorney
(Initial)
A licable
2.
July 27, 2010
Agenda Item Number
16K2
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4.
Settlement Agreement between Creative
Number of Original
1 original; 1 copy
5. Ian Mitchell, Executive Manager
Board of County Commissioners
Documents Attached
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. 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, including Ian Mitchell, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Steve Williams, Assistant County
Phone Number
252 -8400
Contact
Attorney
(Initial)
A licable
Agenda Date Item was
July 27, 2010
Agenda Item Number
16K2
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Settlement Agreement between Creative
Number of Original
1 original; 1 copy
Attached I
Choice Homes and Collier County, FL
Documents Attached
INSTRUCTIONS Rr C HVC W1.iCT
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip
WWS Original 9.03.04
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
aDDroDriate.
(Initial)
A licable
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC
approval of the
document or the final negotiated contract date whichever is applicable .
v
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to to ee within a certain
time frame or the BCC's actions are nullified. Be aware of ur deadlines.
6.
Return fully executed copy of settlement agreement to eve Williams in CAO
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip
WWS Original 9.03.04
16K2
MEMORANDUM
Date: July 29, 2010
To: Steve Williams
County Attorney's Office
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Settlement Agreement — Creative Choice Homes
Enclosed please find an original referenced above (Agenda Item #16K2), which
was approved by the Board of County Commissioners on Tuesday, July 27, 2010.
If you have any questions, please call me at 252 -8411.
Thank you.
Enclosures
16R2
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is made
and entered into this 7 of T„�� Y , 2010, by and between Creative Choice Homes XIV,
LTD. ( "Creative Choice ") and Collier County, Florida, a political subdivision of the State of
Florida (the "County ").
WHEREAS, Creative Choice is the owner of the premises described in Exhibit A attached
hereto located within the unincorporated area of Collier County, Florida, within which it operates
a residential subdivision known currently as "Tuscan Isle;" and
WHEREAS, Creative Choice and the County entered into an Agreement on March 7, 2003,
allowing Creative Choice to defer payment of its impact fees to the County; and
WHEREAS, the County brought suit against Creative Choice (Board of County
Commissioners v. Creative Choice Homes XIV, Ltd., et al., 10- 3308 -CA) now pending in the
Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida, as Creative
Choice's payment of its impact fees from an investment with Co- Defendant, The Bank of New
York Trust Company of Florida, N.A., fell $43,470.62 dollars short of fulfilling its obligation
under the Agreement; and
WHEREAS, the remaining named Defendants in this action are believed to have an interest
in the property described in Exhibit A and said interests will remain unaffected by this
Agreement; and
WHEREAS, the County asserts that it is also entitled to a delinquency assessment of 10% of
the remaining balance; and
WHEREAS, the County asserts that it is entitled to the payment of its reasonable attorney's
fees and costs in this matter; and
WHEREAS, the County acknowledges that Tuscan Isle provides a valuable community
service by providing affordable housing to the residents of Collier County; and
WHEREAS, the parties agree that Creative Choice will pay Collier County the unpaid
impact fee balance of $43,470.62; and
WHEREAS, the County agrees to accept the $43,470.62 in the form of 12 equal payments
of $3,622.55 due and payable on the 8th of each month, with the first payment due August 8,
2010; and
WHEREAS the parties agree that there will be no late payment penalties or interest due
upon the $43,470.62 and each party shall bear their own attorney's fees.
NOW, THEREFORE, in consideration of the foregoing premises and the following mutual
promises (the receipt and sufficiency of such consideration being acknowledged by all parties),
the parties agree as follows:
Prolaw: 72489
16K2
1. Recitals. The foregoing recitals are true and correct and are incorporated herein by
reference.
2. Denial of Liability. No party is admitting wrongdoing, fault, or liability of any nature
by entering into this Agreement.
3. Attorneys' Fees. All parties shall pay their own attorneys' fees and costs associated
with this matter.
4. Judgment via Affidavit. Creative Choice agrees that, in the event a single payment is
missed or late to the County, the County may obtain a Judgment pursuant to the Complaint filed
in Collier County Case No. 10- 3308 -CA against Creative Choice by the filing of a sworn affidavit
from the County's Impact Fee Coordinator, Amy Patterson, or her designee, stating that Creative
Choice has failed to make a timely payment. Any Judgment obtained pursuant to this provision
shall include a 10% delinquency provision and shall include attorney's fees and costs to be
assessed against Creative Choice.
5. Execution of Other Documents. The parties agree that they will execute any other
documents as are necessary to effectuate or carry out the intent of this Agreement.
6. Governing Law and Venue. This Agreement and all other documents executed in
connection with this Agreement shall be governed by and interpreted under Florida law. The sole
and exclusive venue for any litigation between the parties arising out of or related to this
Agreement or any documents executed in connection with this Agreement shall be in the Circuit
Court in and for Collier County, Florida.
7. Enforceability. In the event that any provision of this Agreement is found to be void
or unenforceable by a court of competent jurisdiction, the remaining provisions, in whole or in
part, shall continue to be enforceable to the greatest extent allowed by law and to the same extent
as if the void or unenforceable provision were omitted from this Agreement.
8. Entire Settlement Agreement. This Agreement contains the entire agreement between
the parties and all prior or contemporaneous negotiations or representations are merged into this
Agreement. This Agreement may not be amended or modified except in a written document
signed by the parties.
9. Execution. Creative Choice shall execute this Agreement prior to it being submitted
for approval by the Board of County Commissioners. This Agreement shall be recorded by the
County in the Official Records of Collier County, Florida, within fourteen (14) days after the
County enters into this Agreement. Creative Choice shall pay all costs of recording this
Agreement. The County shall provide a copy of the recorded document to the Developer upon
request.
10. Applicability. This Agreement shall be binding on Creative Choice's successors,
heirs, and assigns.
Prolaw: 72489 2
16K 2
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:
w
DWI,GVT V. 8R , Clerk
�Zr f �
tesC ii," fl'' MWylClerk
Signed, sealed and
delivered in the presence o£
i ature
I'L'e �c G
Printed„Name j
signature
Printed Name
STATE OF FLORIDA
COUNTY OF PALM BEACH
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
L10 .
By:
FRED W. COYLE, Chairman
CREATICE CHOICE HOMES XIV, LTD.,
a Florida limited partnership
By: Creative Choice Homes XIV, Inc., a Florida
corporatio eneral partner
By:
Yashpal akkar, as Prest ent
The foregoing instrument was acknowledged before me this 2 day of June, 2010,
by Yashpal Kakkar, as President of CREATIVE CHOICE HOMES XIV C., general partner of
CREATIVE CHOICE HOMES XIV, LTI . 'Who- 's pT- ersonally known m r has produced
as identification.
sima RERUN
N"V Public • state of ffo W
•
My Comm Expires Aug S, 2013
= Commission # DD 914314
60r4ad Through National Notary Assn.
Approved as to form
and legal sufficiency:
Aki"4' 7, L-J
Steven T. Williams
Assistant County Attorney
Prolaw: 72489
otary Public
Print Name:
My Commission Expires:
Y .-16K2
OR: 3171-P - G: 1441
LEGAL DESCRIPTION
LNG IN
SECTION 34, TOWNSHIPYI49 SOUTH, RANGE 26 EAST,
COWER COUNTY FLORIDA.
(PROPOSED SADDLEBROOK PHASE TWO)
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUMY-OF COWER, LYING IN SECTION 3,.
TOWNSHIP 49 SOUTH, RANGE 26 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
AS PROVIDED BY OWNER
THE WEST 1/2 OF THE SOUTHEAST 1/2 OF SECTION-34, TOWNSHIP 49 SOUTH, RANGE 26 FAST. OF COLLIER
COUNTY, FLORIDA, LESS THE SOUTH 50' FOR DAMS BOULVARD (STATE ROAD 84) 100.00 FOOT RIGHT —OF —WAY
AND THE EAST 726 FEET OF THE SAID WEST 1/2 AND LESS AND EXCEPT THE MTERSTATE 75 (1 -75) (STATE
ROAD NO. 93) RIGHT --OF -WAY REFERENCE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION SECTION
03175 -2409 SHEET 6 OF 10:
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (SET /4) OF SAID SECTION 34;
THENCE ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 34, N.Op 24'26'E. FOR 50.00
FEET TO THE UW RIGHT OF WAY OF DAVIS BOULEVARD ALSO BEING THE SOUTHEAST CORNER OF PALM
SPRING PLAZA UNIT ONE AS RECORDED N PLAT BOOK 8. PAGE 21-23 OF THE OFFICAL RECORDS OF COWER
COUNTY FLORIDA, AND THE POINT OF SEGfNNINO;
THENCE CONTINUE ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER (SET /4). N.W24'26 E. FOR 2574.54
FEET TO THE NORtMVEST:.CORNER OF THE SOUTHEAST QUARTER (SET /4) OF SAID SECTOIN 34; ALSO BEING
THE SOUTHERLY RIGHT OF WAY LINE OF INTERSTATE 75 (1- 75)(STATE ROAD 93) PER THE STATE OF FLORgA
DEPARTMENT OF TRANSPORTATION MAP OF SECTION 03175 -2409, SHEET 6 OF 10;
THENCE HANG SW RIGHT OF WAY. S.7Z14'13'F— FOR 506.83 FEET;
THENCE ALONG SAO RIGHT OF WAY. S.68712'38'E.. FOR 115.06 FEET;
THENCE LEAVING -%0 RIGHT OF WAY, S.00'21.36"W.. FOR 1,290.07 FEET;
THENCE N.89'3534'W., FOR 374.74 FEET;
THENCE N.405'34'W., FOR 84.40 FEET;
THENCE S.45'24'26W.. FOR 113.95 FEET TO A .POINT OF CURVATURE; '
THENCE SOUTNWESTERL,Y 58.90 FEET ALONG THE AR
E ARC OF TANGENik CIRCU
A RADIUS OF* 75.00 FEET THROUGH A CENTRAL ANGLE OF 45'00'00' CURVE TO THE LEFT HAVING
ANO BEING SUBTENDED BY A CHORD
WHICH BEARS S.2Y54'2WW, FOR 57.40 FEET;
THENCE S.00'247CW., FOR 808.86 FEET;
THENCE S.14'33SCE., FOR 153.96 FEET;
THENCE S.0O'49'S5'W.. FOR 50.92 FEET TO THE NORTH RIGHT OF WAY OF DAMS BOULEVARD;
THENCE ALONG THE SAID NORTH RIGHT Of WAY, N.88'55'2TW., FOR 94.33 FEET TO THE POINT OF BEGINNING.
CONTAINING 884,964 SQUARE FEET OR 20.32 ACRES, MORE OR LESS.
BEARINGS ARE BASED ON THE WEST LINE OF THE SOUTHEAST QUARTER (SET /4) OF SECTION 34, IOWNSHIP 49
SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA AS 13EWC N.W24'26'E.
RWA SURVEYING. INC.
LAND SURVEYORS AND MAPPERS
6050 NORTH HORSESHOE DRIVE SUITE 270
(Q LE 640 FLORIDA 34104
FLOI.TOA c,ERT*rA(: OF 16952
QAm 0 713/07
�� AL LAND ci IRVEYOR �/ 67TR
m
��! n�c.
out �E'''i:
/ 'Vx THOMAS ECKERTY -
�N r �G 1' X230'
� � �?! �. &UPA ap
�'H TITLE* LEGAL DESCRIPTION
VILLAGE PHASE TWI
3m %ft am 34 49s zsE m 2 .. .�
WAMM