Resolution 2016-074 RESOLUTION NO. 16 —7 4
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
APPROVING A SECOND AMENDMENT TO THE
SETTLEMENT AGREEMENT BETWEEN DENNIS J.
LYNCH AND THE BOARD OF COUNTY
COMMISSIONERS DATED FEBRUARY 4, 1994, AS
AMENDED FOR THE PURPOSE OF MODIFYING THE
ALTERNATIVE CONCEPTUAL MASTER PLAN
ATTACHED AS EXHIBIT A TO THE SETTLEMENT
AGREEMENT AMENDMENT TO RECONFIGURE THE
DRIVEWAYS, PARKING SPACES AND COMMON AREAS,
TO REMOVE TWO BUILDINGS AND A PLAZA AND
REPLACE WITH A PROPOSED ASSISTED LIVING
COMMUNITY, AND TO REMOVE THE OBELISK AND
REPLACE WITH THREE PROPOSED FLAGPOLES, FOR
PROPERTY LOCATED ON THE WEST SIDE OF AIRPORT-
PULLING ROAD, APPROXIMATELY ONE QUARTER
MILE NORTH OF GOLDEN GATE PARKWAY, IN
SECTION 23, TOWNSHIP 49 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA.
WHEREAS, on February 4, 1994, the County entered into a Settlement Agreement with
Dennis J. Lynch relating to the Site Development Plan (SDP 88-093) for the property hereinafter
described, which was approved on February 23, 1994 by Circuit Court Order in Case No. 92-
1500-CA; and
WHEREAS, on May 25, 2004, the County entered into a Settlement Agreement
Amendment with Dorset Associates, LLC, as successor to Dennis J. Lynch, superceding and
amending the original Settlement Agreement. The Amendment included an Alternative
Conceptual Master Plan, and associated restrictions, requirements, and standards relating to
development of the property hereinafter described; and
WHEREAS, in keeping with the above, The LaSalle Group, Inc., as contract purchaser of
property owner Dorset Associates, LLC, has petitioned the County to enter into a Settlement
Agreement Amendment to modify the Alternative Conceptual Master Plan to reconfigure the
existing driveways, parking spaces and common areas, to remove two buildings and a plaza and
replace with a proposed assisted living community, and to remove the obelisk and replace with
three proposed flagpoles; and
WHEREAS, all property owners of the property described in the original Settlement
Agreement are parties to the proposed Second Amendment to the Settlement Agreement; and
WHEREAS, the County has agreed to the Alternative Conceptual Master Plan, as
described in the attached Second Amendment to the Settlement Agreement, and wishes to
3/18/16
memorialize its approval in a Resolution to be noted on the appropriate zoning atlas map or maps,
as described in Ordinance Number 2004-41, as amended, the Collier County Land Development
Code.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Second Amendment to the Settlement Agreement, attached hereto as Exhibit "A," is
hereby approved for the purpose of modifying the Alternative Conceptual Master Plan
attached to the Settlement Agreement Amendment, dated May 25, 2004.
2. This Resolution shall be recorded in the minutes of this Board.
3. This Resolution shall be noted on the appropriate zoning atlas map or maps, as
described in Ordinance Number 2004-41, as amended the Collier County Land
Development Code.
PASSED AND DULY ADOPTED by majority vote of the Board of County
Commissioners of Collier County, Florida, thisALD"'‘day of Pip ( , 2016.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.$ROCK,C�,ERK COLLIER COUNTY, FLORIDA
By • By• 44714149
Attest as to Chairman's YD,S+u y - Donia Fiala, Chairman
signature only:-'4- ';; }�'
•ale.roved as to form and Legality
3f3 t//(o
Sc•tt • . Stone
Assistant County Attorney
Exhibit A: Second Amendment to the Settlement Agreement
3/18/16
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SECOND AMENDMENT TO SETTLEMENT AGREEMENT t
This Second Amendment • Sett -ment Agreement ("Amendment') is made and entered I
into this day of h' ,2016,by and between(a)Dorset Associates, I
LLC, a Florida limited liability co, pany("Dorset") as successor to Dennis J.Lynch; (b), Capital 1
Center Land Condominium Association, Inc., a Florida not-for-profit corporation; (c) The
Treasury Building Condominium Association,Inc.,a Florida not-for-profit corporation; (d) Hiler
Chiropractic, P.A., a Florida corporation;and (e)the Board of County Commissioners,a political I
subdivision of the State of Florida("Collier County"),all of which may be collectively referred to I
herein as"the Parties."
RECITALS
a. This Amendment is intended to supercede the terms o£ and be an amendment to,a I
Settlement Agreement entered into between Dennis J.Lynch, as Trustee("Lynch"),pursuant to a I
rust Agreement dated February 9, 1981, and Collier County ("Settlement Agreement"), which I
was approved by Judge Blackwell in the Circuit Court's Order filed on February 23, 1994,in Case
No.92-1500-CA,and that certain Settlement Agreement Amendment entered into between Dorset
and Collier County dated May 25, 2004 ("Settlement Agreement Amendment"), which was
approved by Judge Martin in the Circuit Court's Order on Stipulation filed on May 26, 2004, in I
Case No. 92-1 500-CA. 1
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B. By virtue of Warranty Deed dated August 1,2001 and recorded in Official Records
of Collier County, Book 2874 at Page 1714, of the Public Records of Collier County, Florida,
Dorset is the successor to Lynch of Settlement Agreement of that certain property described in the I
referenced deed i.e.,the subject"Property" or parcel. i
C. The Settlement Agreement Amendment included an Alternative Conceptual Master I
Plan (attached as Exhibit A thereto), along with intensity, design and dimensional standards for I
development of the Property, and required that any approved Site Development Plan Amendment I
for the Property be generally consistent with the Alternative Conceptual Master Plan. I
D. Dorset and The LaSalle Group, Inc., a Texas corporation("LaSalle") entered into I
that certain Real Estate Purchase and Sale Agreement dated July 13,2015,whereby Dorset intends I
to sell to LaSalle and LaSalle intends to purchase from Dorset, a portion of the Property for the I
development of a fifty-four (54) bed memory care facility thereon. The other Parties own the I
remainder of the Property. I
E. In contemplation of LaSalle's intended development, LaSalle has revised the I
Alternative Conceptual Master Plan to implement its proposed changes, and it was considered by I
Collier County on Art, ( a(o , 2016. The revised conceptual master plan furthers the I
interests of Collier County, and Collier County agrees to replace the Alternative Conceptual I
Master Plan with the Revised Conceptual Master Plan, a reduced version of which is attached I
hereto as Exhibit A,dated March 1, 2016. 1
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SECOND AMENDMENT TO SETTLEMENT AGREEMENT
DORSET-COLLIER COUNTY I
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NOW. THEREFORE. for and in consideration of the premises hereto. the keeping and
^ertormance of the covenants and agreements hereinafter contained, and for Ten and No/100
Dollars ($10.00) and other good and valuable consideration,the receipt and sufficiency of which
are hereby acknowledged, the Parties intending to be legally bound, agree and amend the
Settlement Agreement and the Settlement Agreement Amendment as follows:
1. Recitals. The recitals set forth above are hereby incorporated in and made a part
of this Amendment by this reference.
2. Revised Conceptual Master Plan. The Alternative Conceptual Master Plan
attached as Exhibit A to the Settlement Agreement Amendment is hereby replaced, in its entirety,
with the Revised Conceptual Master Plan attached hereto as Exhibit A and incorporated herein.
All other intensity, design and dimensional development standards and requirements provided in
the Settlement Agreement Amendment shall remain unchanged and in full force and effect, and
are hereb--y_ratified and confirmed by the parties hereto.
3. Miscellaneous. This Amendment shall be binding upon and inure to the benefit of
the Parties hereto and their respective successors,successors-in-title,representatives and permitted 1
assigns. in the event of any inconsistency or conflict between the terms of this Amendment and
of the Settlement Agreement or the Settlement Agreement Amendment, the terms of this
Amendment shall control. Time is of the essence of all of the terms of this Amendment. The
Settlement Agreement and Settlement Agreement Amendment, as amended by this Amendment,
constitutes and contains the sole and entire agreement of the Parties hereto with respect to the
subject matter hereof and no prior or contemporaneous oral or written representations or
agreements between the parties and relating to the subject matter hereof shall have any legal effect.
Except as hereinabove provided, all other terms and conditions of the Settlement Agreement and
Settlement Agreement Amendment shall remain unchanged and in full force and effect, and are
hereby ratified and confirmed by the Parties hereto. This Amendment may not be changed,
modified, discharged or terminated orally in any manner other than by an agreement in writing
signed by the Parties or their respective heirs, representatives, successors and permitted assigns.
This Amendment may be signed in multiple counterparts, which, when taken together, shall
constitute a fully executed and binding original Amendment.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.]
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SECOND AMENDMENT TO SETTLEMENT AGREEMENT
DORSET-COLLIER COUNTY
IN WITNESS WHEREOF, the Parties have caused this Amendment to be duly
authorize&executed, sealed and delivered as of the day and year first above written.
DORSET .._ •CIATES,LLC,
a Florio • limited 1 ability company
IP
Date: -!�
e: ward J.Mace
"itle: anager
CAPITAL CENTER LAND CONDOMINIUM
ASSOCIATION,INC..
a Florid not-for-profit co 'on
J
.44„,.4 • ,u �� � G
Date:
Name: Dennis J. L. ch
Title: President
rim TREASURY BUILDING CONDOMINIUM
ASSOCIATION.INC.,
a Florida not-for-profit corporation
••-/ --24/-2,o/Z
Date:
e: Pablo Veintimilla
Title: President
HILER CHIROPRACTIC.P.A.,
Florida corporation
Date: f Z° /d".'/!o
N e: 'chard A. rifler
s itle: President
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SECOND AMENDMENT TO SETTLEMENT AGREEMENT'
DORSET-COLLIER COUNTY 3
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY.FLORIDA
•
,( Date: y\?.1,0Va
Name: Donna Fiale
Title: Cnairmar
Ahl'FST:
Dwig141 rimelS.Ciei o
141 , 11111%
By T ' Ar
°. 3eputy' r
Attests-to Chaumi's
signatureonly,
Approved as to Form and Legality:
Ltia.a/11, Date: / (°// (o
Name: Scott A. Stone
Title: Assistant County Attorney
SECOND AMENDMENT TO SETTLEMENT AGREEMENT
DORSET-COLLIER COUNTY 4
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EXHIBIT A
Revised Conceptual Master Plan
SECOND AMENDMENT TO SETTLEMENT AGREEMENT
DORSET-COLLIER COUNTY
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