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Backup Documents 07/25/2023 Item #16K 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 K 2 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 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. ** 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 7/25/23 4. BCC Office Board of County Commissioners (4, /} 15) 7/ i/z.3 5. Minutes and Records Clerk of Court's Office I / ?lz6723 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 Wanda Rodriguez/County Attorney's Office Phone Number 252-8123 Contact/Department Agenda Date Item was 7/25/23 Agenda Item Number 16-K-2 Approved by the BCC Type of Document(s) Settlement Agreement with Conservancy re Number of Original 1 Attached Rivergrass Village SRA Documents Attached 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(instead of stamp)? n/a 2. Does the document need to be sent to another agency for additional signatures? If yes, n/a provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legality. (All documents to be signed by JAK 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 n/a 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 SAA 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 SAA signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip SAA should be provided to the County Attorney Office at the time the item is uploaded to the agenda. 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 7/25/23 and all changes made during SAA is r clp the meeting have been incorporated in the attached document. The County Attorney '4*o fox Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the ; BCC, all changes directed by the BCC have been made, and the document is ready for the V � Chairman's signature. ***PLEASE EMAIL EXECUTED COPY OF AGREEMENT TO: SALLY.ASHKAR(a,COLLIERCOUNTYFL.GOV *** I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05;2.24.05; 11/30/12;4/22/16,9/10/21 1 6 K 2 SETTLEMENT AGREEMENT This Settlement Agreement ("Agreement") is entered into between Plaintiff Conservancy of Southwest Florida, Inc., a Florida not-for-profit corporation ("Conservancy"), and Defendant Collier County, Florida, a political subdivision of the State of Florida ("County"). The Plaintiff and Defendant are collectively referred to the "Parties." WHEREAS, on or about March 9, 2020, Plaintiff instituted Case No. 11-2020-CA- 000780,Twentieth Judicial Circuit in the Circuit Court of the 20th Judicial Circuit in and for Collier County,Florida,and alleged that Collier County Resolution No.20-24(the"Development Order") is inconsistent with the Collier County Growth Management Plan("Trial Proceeding"); WHEREAS, the Court entered its Order Granting Defendants 'Motion for Summary Judgment Regarding Consistency with the Adopted Comprehensive Plan dated March 3, 2021 (filed March 5, 2021) ("Partial Summary Judgment"); WHEREAS, after a bench trial was held May 10 through 14, 2021, Final Judgment in Defendant's favor was entered on June 4, 2021 ("Final Judgment"); WHEREAS, the Court entered Final Judgment Against Plaintiff for Attorneys' Fees and Costs ("Fees and Cost Judgment"); WHEREAS, the Conservancy appealed the Final Judgment and the Fees and Costs Judgment("Appellate Proceedings"); WHEREAS, the Second District Court of Appeal issued an opinion that remanded to the trial court for further proceedings relating to traffic and fiscal neutrality issues in the Trial Proceeding; WHEREAS,the Fees and Cost Judgment appeal remains pending; WHEREAS,the Trial Proceeding and the Appellate Proceedings are collectively referred to as the"Litigation." WHEREAS, Plaintiff has separately reached a resolution with Tarpon Blue CE Management LLC, a Delaware limited liability company, as the successor in interest to Collier Enterprises Management, Inc., a Florida corporation("CEM"), also a defendant in the Litigation; WHEREAS, the Parties want to resolve the Litigation, including the Fees and Cost Judgment appeal, as well as all claims and disputes that were raised, or could have been raised, or otherwise remain pending in the Litigation; NOW THEREFORE, in consideration of the foregoing premises, the representations contained herein, and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged by the Parties, the Parties hereto agree as follows: 16K2 1. Dismissal. Within twenty (20) days of the Effective Date of this Agreement, the Conservancy shall dismiss the Fees and Costs Judgment appeal, with prejudice by filing the appropriate notice in the form attached as Exhibit 1. Within five (5) days of the dismissal of the Fees and Costs Judgment appeal,the Plaintiff and Defendants shall jointly submit to the trial court an agreed order vacating the Fees and Costs Judgment in the form attached in Composite Exhibit 2. Within five (5) days of the entry of the order vacating the Fees and Costs Judgment, Plaintiff shall dismiss the Litigation in the trial court with prejudice by filing the appropriate notice in the form attached in Composite Exhibit 2.2. 2. Attorneys' Fees and Costs. The Parties have agreed to bear their own attorneys' fees and costs with respect to the Litigation, including the Final Judgment appeal and the Fees and Costs Judgment appeal. The prevailing party in any dispute relating to a breach, or the enforcement, of this Agreement shall be entitled to an award of their reasonable attorneys' fees and costs. 3. Counterparts. This Agreement may be signed and executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one Agreement. Delivery of an executed counterpart of a signature page of this Agreement by facsimile or email shall be effective as delivery of an originally executed counterpart of this Agreement. This Agreement shall not be effective unless and until all Parties have executed it. 4. No Adverse Construction. The Parties acknowledge that this Agreement has been prepared by each of them with the opportunity to consult legal counsel. In the event any part of this Agreement is found to be ambiguous,such ambiguity shall not be construed against any Party. 5. Non-Admission of Liability. Nothing in this Agreement shall constitute or be construed as an admission of liability on behalf of any of the Parties, their agents, affiliates, assigns, subsidiaries, and/or successors. This Agreement shall not be used as evidence in any proceeding other than one to enforce this Agreement, or one seeking damages arising from a breach of this Agreement. 6. Partial Invalidity and Severability of Provisions. The Parties agree that if any provision of this Agreement is determined to be unenforceable in part by any entity with authority to make such a determination, then the provision shall be enforced to the maximum extent permitted. The Parties further agree that if any provision is determined to be unenforceable in whole by any entity with authority to make such a determination, then all of the other terms,conditions and provisions of this Agreement shall remain in full force and effect to the same extent as if that part declared void or invalid had never been incorporated in the Agreement and in such form,the remainder of the Agreement shall continue to be binding upon the Parties. 7. Entire Agreement. This Agreement constitutes the entire Agreement and understanding between the Parties in respect of the subject matter hereof, and supersedes and supplants all prior agreements, representations,and/or discussions with respect to the subject matter hereof. 8. Amendments, Modifications. This Agreement may be amended, modified or altered at any time upon the approval of all Parties; however, any such amendment must be in writing and signed by all Parties in order for such amendment to be of any force and effect. 16K2 9. Parties. This Agreement shall be binding upon and inure to the benefit of the respective employees, officers, agents, representatives, successors and assigns of the Parties. 10. Governing Law. The laws of the State of Florida apply to this Agreement. The Parties agree that any action, suit or proceeding, including but not limited to any proceeding for injunctive and declaratory relief, arising out of this Agreement shall be initiated only in the state or federal courts having jurisdiction in Collier County in the State of Florida, and each Party waives any objection (including objections regarding lack of personal jurisdiction and objection to the convenience of the forum)that such Party may now or hereafter have to such venue or jurisdiction in any action, suit or proceeding,brought in any state or federal court having jurisdiction in Collier County, Florida. 11. Survival. All representations and warranties contained herein, if any, shall survive the execution and delivery of this Agreement. 12. Effective Date. This Agreement shall be effective as of the date the last Party signs the Agreement below, rendering it fully executed. 13. Notices. Any and all notices or other communications required or permitted to be given under any of the provisions of this Agreement shall be in writing and shall be deemed to have been duly given when personally delivered or delivered by a nationally recognized overnight courier (e.g., FedEx), addressed to the Parties at the address set forth below (or at such other address as any Party may specify by notice to all other Parties given as aforesaid), as applicable. As to Conservancy: Rob Moher 1495 Smith Preserve Way Naples, Florida 34102 robm(ct conservancy.orb; With copy to: Brian D. Israel, Esq. ARNOLD & PORTER KAYE SCHOLER LLP 601 Massachusetts Ave.,NW Washington, DC 20001 Brian.Israel@arnoldporter.com As to the County: Jeffrey A. Klatzkow, Esq. Office of the County Attorney, Collier County 3299 Tamiami Trail E., Suite 800 Naples, FL 34112 Jeff.Klatzkowl@colliercountyfl.gov With copy to: Gregory Woods, Esq. WOODS, WEIDENMILLER, MICHETTI & RUDNICK LLP 9045 Strada Stell Court, Suite 400 Naples, FL 34109 gwoods@lawfirmnaples.com 16K2 14. WAIVER OF JURY TRIAL. AS A MATERIAL INDUCEMENT TO ENTER INTO THIS AGREEMENT, THE PARTIES KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT THEY MAY HAVE TO TRIAL BY JURY WITH RESPECT TO THE LITIGATION OR TO ANY CLAIM ARISING UNDER THE TERMS OF THIS AGREEMENT. IN WITNESS WHEREOF, intending to be legally bound,the Parties execute this Agreement. COLLIFR CO1iNiT" , FLORIDA: A`'leTLSS1 K BOARD OF COUNTY COMMISSIONERS C,Ry i y. IIEh, CLERK COLLIER COUNTY, FLORIDA (1/2 e7' A. . �'rJ By: -•., Attest as h.irrnar Deputy Clerk Rick LoCastro, Chairman signa re only Appro - I :L,-- 'in and legality: Date: Jii!9 as-, Q 3 4 t dr11 Jeffrey\ . •tzkow Count ,Att 1 ey CONSERVANCY OF SOUTHWEST FLORIDA INC. .1//L'''''. .---------- gnature 1?ilnizr4- a. 1/04,c- Printed Name Pros; u. y Title aTUP 12 -T5 Date 16K2 COMPOSITE EXHIBIT 1 FORM DISMISSALS —FEES AND COSTS JUDGMENT See attached. II 16K2 IN THE SIXTH DISTRICT COURT OF APPEAL STATE OF FLORIDA CONSERVANCY OF SOUTHWEST FLORIDA, INC., Appellant/Petitioner, Case No.: 6D23-215 v. L.T. No.: 11-2020-CA-000780- 0001-XX COLLIER COUNTY, FLORIDA, and COLLIER ENTERPRISES MANAGEMENT, INC., Appellees/Respondents. STIPULATION FOR DISMISSAL Appellant Conservancy of Southwest Florida, Inc., and Appellees Collier County, Florida, and Collier Enterprises Management, Inc., hereby file this stipulation for dismissal of this appeal. See Florida Rule of Appellate Procedure 9.350(a) ("When any cause pending in the court is settled before a decision on the merits, the parties shall immediately notify the court by filing a signed stipulation for dismissal."). 1 6 K 2 Dated: , 2023 Attorneys for Appellant Attorneys for Appellee Collier Conservancy of Southwest County, Florida Florida, Inc. /s/ Gregory N. Woods /s/ Geoffrey J. Michael Gregory N. Woods, Esq. Geoffrey J. Michael Jessica F. Tolin, Esq. Florida Bar No. 86152 WOODS, WEIDENMILLER, Brian D. Israel* MICHETTI 86 RUDNICK LLP Ethan G. Shenkman* 9045 Strada Stell Court, Suite Lauren C. Daniel* 400 ARNOLD & PORTER KAYE SCHOLER LLP Naples, FL 34109 601 Massachusetts Avenue, NW Phone: (239) 325-4070 Washington, DC 20001 gwoods@lawfirmnaples.com Phone: (202) 942-5000 jtolin@lawfirmnaples.com Geoffrey.Michael@arnoldporter.com Sally A. Ashkar, Esq. *Admitted pro hac vice COLLIER ATTORNEY'S OFFICE 3299 Tamiami Trail E., Suite 800 Naples, FL 34112 Phone: (239) 252-8400 Sally.Ashkar@colliercountyfl.gov Attorneys for Appellee Collier Enterprises Management, Inc. /s/ Glenn Burhans, Jr. Glenn Burhans, Jr. Bridget Smitha STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. 106 East College Avenue, Suite 700 Tallahassee, FL 32301 Telephone: (850) 329-4850 gburhans@stearnsweaver.com bsmitha@stearnsweaver.com 2 1 6 K 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the following was filed using the Florida Courts E-Filing Portal and served by Electronic Mail to all counsel listed below this day of , 2023. /s/ Geoffrey J. Michael Geoffrey J. Michael Counsel for the Conservancy of Southwest Florida, Inc. 3 1 6 ;( 2 SERVICE LIST Counsel for Collier County, Florida: Sally A. Ashkar, Esq. Gregory N. Woods, Esq. Jeffrey A. Klatzkow, Esq. Jessica F. Tolin, Esq. Colleen Greene, Esq. WOODS, WEIDENMILLER, COLLIER ATTORNEY'S OFFICE MICHETTI 86 RUDNICK LLP 3299 Tamiami Trail E., Suite 800 9045 Strada Stell Court, Suite Naples, FL 34112 400 Phone: (239) 252-8400 Naples, FL 34109 Sally.Ashkar(ccolliercountyfl.gov Phone: (239) 325-4070 Jeff.Klatzkow@colliercountyfl.gov gwoods@lawfirmnaples.com Colleen.Greene@colliercountyfl.gov Itolin@lawfirmnaples.com Marian.Rhyne@colliercountyfl.gov Counsel for Collier Enterprises Management, Inc.: Glenn Burhans, Jr., Esq. Jacob T. Cremer, Esq. Reggie Bouthillier, Jr., Esq. Sharon Britton, Esq. Bridget Smitha, Esq. STEARNS, WEAVER, MILLER, STEARNS, WEAVER, MILLER, WEISSLER ALHADEFF 86 WEISSLER ALHADEFF SITTERSON, P.A. SITTERSON, P.A. 401 E. Jackson Street, Suite 106 East College Avenue, Suite 2100 700 Tampa, FL 33602 Tallahassee, FL 32301 Phone: (813) 223-4800 Phone: (850) 329-4850 jcremer@stearnsweaver.corn gburhans@stearnsweaver.com sbritton@stearnsweaver.com rbouthillieru stearnsweaver.com mhernandez@stearnsweaver.corn bsmitha@stearnsweaver.com cabbuhl@stearnsweaver.com 4 16K2 Richard D. Yovanovich, Esq. COLEMAN, YOVANOVICH 8v KOESTER, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 Phone: (239) 435-3535 ryovanovich(cr�cyklawfirm.corn dquintanilla@cyklawfirm.com 5 16K2 EXHIBIT 2 FORM DISMISSAL—LITIGATION See attached. 16K2 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CONSERVANCY OF SOUTHWEST FLORIDA, INC., Case No: 11-2020-CA-000780-0001-XX PLAINTIFF, v. COLLIER COUNTY, FLORIDA, and COLLIER ENTERPRISES MANAGEMENT, INC., DEFENDANTS. NOTICE OF DISMISSAL OF ACTION Plaintiff Conservancy of Southwest Florida, Inc. hereby dismisses this action with prejudice. See Fla. R. Civ. P. 1.420(a)(1). Dated: , 2023 Respectfully submitted, /s/Geoffrey J. Michael Geoffrey J. Michael Florida Bar No. 86152 Brian D. Israel* Ethan G. Shenkman* Lauren C. Daniel* ARNOLD&PORTER KAYE SCHOLER LLP 601 Massachusetts Avenue,NW Washington, DC 20001 Phone: (202) 942-5000 Geoffrey.Michael@arnoldporter.com *Admitted pro hac vice Counsel for the Conservancy of Southwest Florida, Inc. 1 6K 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the following was filed using the Florida Courts E-Filing Portal and served by Electronic Mail to all counsel listed below this day of , 2023. /s/ Geoffrey J. Michael Geoffrey J. Michael Counsel for the Conservancy of Southwest Florida, Inc. -2- 16K2 SERVICE LIST Counsel for Collier County, Florida: Sally A. Ashkar, Esq. Gregory N. Woods, Esq. Jeffrey A. Klatzkow, Esq. Jessica F. Tolin, Esq. Colleen Greene, Esq. WOODS, WEIDENMILLER, MICHETTI COLLIER ATTORNEY'S OFFICE & RUDNICK LLP 3299 Tamiami Trail E., Suite 800 9045 Strada Stell Court, Suite 400 Naples, FL 34112 Naples, FL 34109 Phone: (239) 252-8400 Phone: (239) 325-4070 Sally.Ashkarrcolliercountyfl.gov gwoods cr,lawfirmnaples.com Jeff.Klatzkow@colliercountyfl.gov jtolin(crlawfirmnaples.corn Colleen.Greenencolliercountyfl.gov Marian.Rhyne@colliercountyfl.gov Counsel for Collier Enterprises Management, Inc.: Glenn Burhans, Jr., Esq. Jacob T. Cremer, Esq. Reggie Bouthillier, Jr., Esq. Sharon Britton, Esq. Bridget Smitha, Esq. STEARNS, WEAVER, MILLER, STEARNS, WEAVER, MILLER, WEISSLER ALHADEFF 8v SITTERSON, WEISSLER ALHADEFF 8v SITTERSON, P.A. P.A. 401 E. Jackson Street, Suite 2100 106 East College Avenue, Suite 700 Tampa, FL 33602 Tallahassee, FL 32301 Phone: (813) 223-4800 Phone: (850) 329-4850 jcremera,,stearnsweaver.com gburhans(stearnsweaver.corn sbritton cr,stearnsweaver.com rbouthillierastearnsweaver.com mhernandez@stearnsweaver.com bsmitha@stearnsweaver.corn cabbuhl@stearnsweaver.corn Richard D. Yovanovich, Esq. COLEMAN, YOVANOVICH & KOESTER, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 Phone: (239) 435-3535 ryovanovich a,cyklawfirm.corn dquintanilla@cyklawfirm.corn -3-