Resolution 1994-026
,
"ANUARY 18, 1994
RESOLUTION NO. 94-~
RESOLUTION APPROVING THE SETTLEMENT OF CIRCUIT
COURT CASE NO. 92-I500-CA-01-WLB, DENNIS J. LYNCH,
AS TRUSTEE V. BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA.
WHEREAS, Dennis J. Lynch, as Trustee, filed suit in circuit
Court against the Board of County Commissioners challenging the
application or the Zoning Revaluation Ordinance seeking
declaratory judgment from the Court declaring his rights under the
Ordinance; and
WHEREAS, on Hay 10, 1993 the Court granted partial summary
judgment for the Plaintiff, which states that the Plaintiff,
Dennis J. Lynch, as Trustee, has satisfied the r.equirement tor an
exemption from the Zoning Revaluation Program as contained in
Section 2.4.2 of the Zoning Revaluation Ordinance and that the
owner of the property which is the SUbject of SDP-88-093 has the
right to apply for permits to construct buildings in conformance
with SDP-88-093; and
WHEREAS, the Plaintiff will dismiss the remaining counts of
the complair.t against the Board of County Commissioners which will
terminate the case it the Board ot County Commissioners will
approve t:le Settlement Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board accepts
the judgment entered by the Court on Hay 10, 1993 and approves the
conditions set forth in the Settlement Agreement attached hereto
and made a part hereot.
BE IF FURTHER RESOLVEn that the Board of County Commissioners
authorizes the County Attorney's Office to execute the Settlement
Agreement on behalf of the Board of County Commissioners.
This Resolution adopted after motion, second and majority
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vote.
DATED:,~.f~~
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ATTEST: ".'
DWIGHT E. BRO~K, CLERK
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.." Approved as to to m and
leqal sufficiency:
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AsBis an Co",.ty Attorney
BOARD O~'60~NTY COMMISSION
COLL~R COUNT;/ Ft~-
BY~ ! ;
Y . CONSTANTtNE .-/
IRHAN /
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
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DENNIS J. LYNCH, as Trustee )
under a Trust Agreement Dated )
February 9, 1981, )
)
Plaintiff,
•y3 �i )
44 • Vs. ) Case No. 92-1500-CA-01-WLB
)
BOARD OF COUNTY COMMISSIONERS )
- COLLIER COUNTY, FLORIDA, )
)
' • Defendant. )
)
SETTLEMENT AGREEMENT
This Settlement Agreement is made and entered into this
day of , 1994, by and between Dennis J. Lynch, as
Trustee, pursuant to a Trust Agreement dated February 9, 1981,
("Lynch") and the Board of County Commissioners of Collier County,
a political subdivision of the State of Florida ("Collier
xY .County") .
•
BACEGROUND STATEMENT
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A. Lynch commenced action against Collier County by filing a
1 'er complaint (the "Complaint") in the within action setting forth
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Ykh . four (4) counts on which relief was sought against Collier County;
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, B. By order of the Court entered on May 10, 1993, the Court
`r 'T granted summary judgment in favor of Lynch in respect to Count II
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x` ' of the Complaint; and
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o„,?:. C. The parties have agreed to resolve their differences in
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4 ., this case and desire to set forth their agreement to that effect
,4, r ;:, in this Settlement Agreement.
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1�s , NOW, THEREFORE, in consideration of the premises and the
,;" agreements hereinafter set forth, Lynch and Collier County agree
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1. Collier County accepts the judgment 4 �� j gment entered by the Court
in respect to County II of Plaintiff's complaint in this action on
,', �s� ` ' May 10, 1993 and agrees that it has become final.
2. Based on the judgment of the Court as set forth above in
respect to Count II, Lynch has satisfied all of the requirements
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"' ' ., for exemption of the property owned by Lynch pursuant to the
•� ? provisions of section 2.4.2 of the Zoning Re-evaluation Ordinance
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as adopted by Collier County under Ordinance 90-23. The
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; construction provided for in SDP 88-093 may be constructed by
'. Lynch, and/or successor owners, as and when they deem it to be
appropriate. No specific time
i4k' p period or deadline exists with
" respect to the commencement of construction or completion of such
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`. f<; r, .:improvements as are shown on SDP 88-093.
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ry 3. The construction specified in SDP 88-093', is consistent
:with the Future Land Use Element ("FLUE") contained within the
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'z, —; ; ' 'current Collier County Comprehensive Plan based upon Policy 5.10
X 'i '^ thereof. Lynch, or any successor owner of the property which is
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the subject of SDP 88-093, may y propose and make changes to the
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s ' ' site development plan and/or may propose a new site development
?-, �; : "plan and such changes and/or new site development plan will be
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r eligible for approval by Collier County so long as the intensity
development
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ryry F� P permitted thereby is not increased over the
'�b+1.'; :r .' '.'intensity of development provided for in SDP 88-093, subject to
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. t, the conditions set out herein and any other conditions which may
',0°4 be required by the Zoning Code and/or Uniform Land Development
4 , �, Code then in existence at the time of said development. It is
i . agreed that the intensity of development provided for by SDP
f . r ,,x,-88-093 in respect to the proposed buildings delineated thereon is
104,000 square feet of commercial floor space. Any changes
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. ' proposed to SDP 88-093 and/or any new site development plan may
J i '` include different uses, subject nevertheless to the restrictions
; 414` '"'and provisions hereinafter, set forth or required by the Zoning
6, ' '. • Code and/or Uniform Land Development Code or any successor thereto
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E 4. Development of the property and/or approval to any
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amendment to SDP 88-093 and/or new site development plan must
a' ' nevertheless be consistent with the uses and restrictions
permitted by the C3 commercial district zoning regulations of
Collier County pursuant to its Zoning Code and/or Uniform Land
' Development Code, or any successor thereto, as in effect at the
time any such change and/or new site development plan is proposed
and an approved. Any proposed changes to SDP 88-093 and/or new site
development plan proposed must conform to all applicable Collier
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ff� . County regulations, including the Zoning Code and/or Uniform Land
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Development Code in effect at the time of the
proposed change
and/or new site development plan.
5. The "out parcel" which is delineated and identified as
H.10 such such on SDP 88-093 shall be considered to be a part of SDP 88-093
and may be developed in a manner consistent with the C3 district
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zoning regulations subject to the conditions and limitations set
forth above. The development which may be approved and permitted
., on the "out parcel" shall be such type and intensity of
development as may be accommodated within the constraints of the
C3 district zoning regulations and all other applicable Collier
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County regulations. The development intensity permitted on the
sea •, "out parcel" shall be in addition to the development intensity
permitted within the area specifically delineated for development
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on SDP 88-093 as provided in section 3 above.
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` hr r, "f IN WITNESS WHEREOF, the
tY , parties have entered into this
x ,,„ Settlement Agreement as of the day and
Y year first above written.
; ,Y s �` Signed, Sealed and Delivered
in the Presence of:
4
%:``- Witness fi
Try
DENNIS J. LYNCH, as Trustee
,• Printed Name of Witness 01 under
Trust Agreement dated
�, %` February 9, 1981 (Plaintiff)
4w' Witness 12
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r! "' ' '' ' Printed Name of Witness #2
'' Address
DAVID E. BRYANT, ESQUIRE
1-4,', Assistant County Attorney
a . Collier County Government Center
3301 East Tamiami Trail
x,,• Naples, Florida 33962
Phone: (813) 774-8400
• ', Florida Bar No. 179284
ATTORNEY FOR DEFENDANT,
v e' {` BOARD OF COUNTY COMMISSIONERS
` sr. . SATE OF FLORIDA )
.. ,
COUNTY OF COLLIER )
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_�? I HEREBY CERTIFY that the foregoing instrument was
'- ,t acknowledged before me this __of day of , 1994,
o by DENNIS J. LYNCH, as Trustee Trust Agreement dated February
xfY;` 9, 1981, on behalf of said trust, who is personally known to be
(Yes) (No) or who produced
i"4' identification. as
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Notary Public, State of Florida
Printed Name:
My Commission Expires:
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