BCC Minutes 06/28/2011 Closed Session Records (#11A-Blocker) MINUTES
Blocker
June 28 , 2011
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY,FLORIDA
CIVIL ACTION
JERRY B.BLACKER and
ICIMBERLEA BLOCKER,
Plaintiffs, .�
v. Case No.: 08-9353-CA
COLLIER COUNTY,a political ''
subdivision of the State of Florida, r.-
Defendant.
7.rn
UANT TO FLO IDs S7 ATUT m1 r niIJ
AND ORDER OF DISMLSSAL w p rotas
THIS CAUSE came before the Court on the Parties'Joint Motion for Court Approval of
Settlement Agreement, pursuant to Florida Statutes 70.001(4Xd)(2), and Proposed Order of
Dismissal,and the Court having reviewed the motion and being folly 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 O #3 int ,i.‘! Collier Crafty, Florida, on this of
document was s gn on
day
March,2013.
MAR 1 1 2013
by Frederick R. Hardt FCOURTJUDGE
Circuit Judge
Conformed Copies to:
Steven 3 Bisect,Esq.,Plats'counsel 'ORDERED that counsel for theal.MAO
Gregory N.Woods,Esq.,Jeffrey A.Klatzkow,Esq.,Defendant's G n 1. , a
within 10 days snide Order.
Pagolofi 4
Judgemate
a
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
COWER COUNTY,a political
subdivision of the State of Florida,
Detlerdant.
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
BLACKER;and WANDA M.COLLINS
TRUSTEE,OF THE LARRY AND WANDA
COLLINS LIVING TRUST DATED
DECEMBER 26, 1997;and auy tennas/persons
in possession,and any unknown heirs,BUCCOSSOTty
ensign,devisees,gnutees,creditors,and other
unknown persons or unknown spouses claiming
by,through and under the above-named Defendants,
Defendants.
MEDIATION AGREIcMcNT
This Agreement is made this 8°day of February,2013.
WHEREAS, the Parties are involved in two lawsuits before the Twentieth Jual
Circuit, Collier County, Florida, styled: (1) Jerry Blocker and Kimberlea Blocker v. Collier
Cry, Florida, Case No. 08-9355-CA; and (2) Board of Cody Conanissloners, Collier
Page l oft
I �
County, Florida v.Jerry Blocker, TJmberlea Blocker, and Wanda U Collin% Trustee,Case No.
09-1281-CA(collectively,these lawsuits shell be rehired 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
Retina,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.
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rei$0 i r`'e? Leonard Reim,Esq.,�� .
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•
IN TILE 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.
l
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY,a political
subdivision of the State of Florid&
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 tenaulafPasons
in possession,and any unknown heirs,successors,
assigns,devisees,grantees,meditate,and other
unknown persons or unknown spouses claiming
by,through and under the above-named Defendants,
Defendants.
AtillIMEREEMENIELARBummationaimmum
This Settlement Agreement and.Mutual Release("Agreement")is made and entered into
this day of 2013, between the BOARD OF COUNTY
COMMISSIONERS OF COLLIER LINTY, FLORIDA (hereinafter referred to as the
"County")and JERRY BLOCKER AND KIMBERLEA BLOGICER(hereinafter marred to
as the"Blooiaers').
Page 1 or/
WHEREAS, the Parties are involved is two lawsuits before the Twentieth Judicial
Circuit, Collier County, Florida, styled: (I)Jerry Blocker and kinrberlea Blocker v. Collier
Corte Florida, Case No. 08-9355-CA; and (2) Board of County Commission, Collier
County, Florida v.Jerry Bloc,Ki»nberlea Blocker, and Wanda JIB Collins, Trsattee,Case No.
09-1281-CA(collectively,these lawsuits shall be ruled to as the"Lawsuits')and
WHEREAS, the Lawsuits resulted from certain code enibrcement cases between the
County and the Blockers, Case No. 2006-16, 2006.17 and 2006.18 (the "Code Edmonton
Cases");and
WHEREAS, the Parties' claims again 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 (638647 20000, 6386468001, and 638647600020) (hereinafter i d to as the
"Property"),and whether or not the operation of this mobile home park constitutes an illegal and
non-confbrming use, under both the tmmokalee Area Master Plan, the applicable zoning
regulations,and the Land Development Cod 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 Courtordered mediation held by the parties on February 8,
2013, the Parties to this Agreement wish to fully settle and resolve all erkistbg and potential
Ibnire disputes perlaining to the claims,counterclaims and allegations made in the Lawsuits or
with respect to the Blockere current or potential flu m+e 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 takeouts into this Agreement as though ter sewdtem herein.
2. Noa~adroission 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,thrift 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 lawfi:11y engage upon the Property. The
second component addresses providing the Blockers a liquidated settlement amount equal to
Pape 2 of7 + 9
their actual out of pocket costs Incurred in connection with these Lawsuits and the Cods
Enforcement Cases.
heel Use C amen nt
4. The bamokalee Area Master Plan(Growth Management Plan). The Commerce
Center-Industrial Subdistrict of the Urban-Industrid District of the Immoksles Area Master Plan
Element of the Growth Management Plan is hereby amended to add the following text:
"In addition to the already allowed Tandem Housing or Migrant Labor Camps under
Policy 1.5.2,the aaisting 2.74 acre mobile home padchnigtent transient housing property located
at 1101, 1121 and 1123 Alachua Street and farther described below is atoned 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 pled residential uses are those uses permitted by the Comm:tee
Use Subdistrict of the Urban-Mixed Use District of the Imriokalee Area Master Plan. In
calculating snob density,the area legally described below that was previously designated as an
alleywayhight-of-way(described in O.R.Book 4324,Pages 960 and 961,and O.R.Book 434,
Pages and dl 63)�ol be utilized in such calculation as to the remainder parcel,irrespective
The property is Anther 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
adjacent Lots 6 mos Easterly forty feet of the Broward Street
Through 10 of Block 48 of the Newasaorket
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 tying 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 (0R Book 4324, Pages 962 and
S. Zoning. This rezone shall be known as the Blocker Rezone. The zoning
clasaiScation of the property described in Section I is hereby changed as provided herein and the
Pep 3 of7 if 9°
appropriate zoning atlas map,as described in Ordinance Number 0441,as amended,is hereby
amended accordingly.
A. List of Permitted uses: Ail 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 AU 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 Nang Mobile Home Parks.
6. Site Improvement Plan App, The Board hereby approves the site plan of
existing mobile home park and/or migrant Inmsient 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 repl ace,alter or upgrade existing residential units,and add
up to two additional residential units bnahnging the total permitted number of residential units to a
maximum of 33 residential emits (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 lading to and serving the 2.74
acre tract as shown on Exhibit"A"which shall be a dust See surffine.
3. Owner shall provide for onadee water manseement as to the intend area to
prevent flooding and shall direct etorrawater to the adjacent public roadways.
4. Owner shall maintain the perimeter fencing shown on&hlbit"A".
The Ltatrldate4 Settlegpnt Comuonent
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
Pep 4 of 7 ç;:2 '
• •
invoices,which shall in no event exceed$540,000 in costs and legal face in cordon with the
prosecution,and defense,including appeal,of these Lawsuits and the Code Enthralment Cases.
Within 10 business days of approval of this Agreement by all parties,the Mockers 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,mid its pest,present
and fame Commissioners, attorneys, employees, former employees, agents, servants,
contractors, subcontractors, supplies, representatives, insurers, successors in interest, and
assigns of all of them, releases and forever discharges Jerry Blocker and Kimbarlea Blocks,,
their predecessors, successors and/or assigns, affiliates, employees, former employees, gents,
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,
may,may,express or implied,in contact or tort,alleged in,relating to,or arbing from
the Lawsuits or the Property.
b. Jehrry Blocker and Nimberles Blocker. Jerry Blocker and Klmberlea Blocker,
on behalf of themselves, their predecessors, successors and/or assigns, affiliates, employees,
limner 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, end its pest,present and f(dure Commissioners, attorneys,employees, former
employees, agents, servants, contractors, subcontractors, sueldiers, rives, heuress,
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 hues,and whether arising from any violation
of any statutes,contract,qty,waeanty,express or implied,in contract or tort,alleged in,
relating to or arising A=the Lawsuits or the Property.
9. Dbmbsal of Lion With Prejudice. The Parties shall stipulate to the
dismissal of the Lawsuits dismbsing with prejudice all claims end counterclaims In the Lawsuits.
The dismissals shall bo tiled by each party's counsel of record within thirty(30)business days of
the execution of this Agreement. The Parties Author acknowledge that this Agreement is scilicet
to the continuing jurisdiction of the Court
Page 3 of tC3
10. Release of Lies. The County will promptly release any and all existing code
enforcement liens on the Property,and will cooperate with the Mockers to swmvc any and all
other liens,judgments or other clouds on title arising from the Lawsuits and Code Enforcement
Cases.
11. Voluntary Execution/Rob of Legal Cornsst 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 oppartmrity to consult with
and receive the advice of counsel in enterhrg into this Agreement. In executing this Agreement,
the Parties acknowledge that they do not rely one any inducements,promises,or moons
other than those contained herein. In this regard,the Parties acknowledge that this Agreement is
the product of mutual negotiation and no doubthbi 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
dratted 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
perthrmed,and shall be interpreted,mod and enforced,in accordance with the laws of the
State of Florida.
13, Multiple Cody. This Agreement may be executed by the Parties in
identical counterparts,which,taken together,shall constitute a complete orighaa1.
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 Pardee hereto regarding the resolution of their disputes,and
that the teams of the Agreement are contractual and not mere recitals.
13. Modllieadons. 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 mod* this Agreement in any manner or
otherwise acct its terms and provisions.
16. Severability. In the event that any term or provision of this Agreement is deemed
unerdbrceable or unlawful for any reason, the remainder of the Agreement shall be domed
enforceable and hi effect.
Age 6+07 #1. Q./
•
17. Enforceability. This Agreement is effirctive upon the date it is approved by the
Board of County Commissioners of Collier County, Florida. The 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 Bhrrd. The signatories hereto each warrant and represent that they
have the recgdslte authority to enter into this Agreement on behalf of the respective party. .
IN WITNESS WHEREOF,the undersigned hereby execute this Agreentant on the date(s) .
set fbrth below.
A BOARD OF 6•UNTY «• ► :;IONERS
`4' OF COL At•■•./ g •RIDA( A i
• �rY
�� 1. B ' ►
JERRY BLOCKER
•
ELBA BLOCKE R
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