Backup Documents 04/26/2016 Item #16A19 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A 9
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.
**NEW** 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
4k,
�/
4. BCC Office Board of County t
1
Commissioners \( S/ A Z�'Vk
5. Minutes and Records Clerk of Court's Office
#11 ti r(4(6714-
PRIMARY CONTACT INFORMATI N
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 Fred Reischl,Plannin Zoning Phone Number 252-4211
Contact/ Department
Agenda Date Item was April 26,2016 Agenda Item Number 16.A.19
Approved by the BCC
Type of Document Resolution& Second Amendment to Number of Original 2
Attached Settlement Agreement 2-01 �4 Documents Attached
PO number or account
number if document is
to be recorded
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? - r c3\4...._ "1 1t
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 legal sufficiency. (All documents to be FR
signed by 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's 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 FR
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 FR
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip FR
should be provided to the County Attorney Office at the time the item is input into SIRE.
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 04/26/2016 and all changes made F'
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable. k
9. Initials of attorney verifying that the attached document is the version approved by the r---
I
BCC,all changes directed by the BCC have been made,and the document is ready for th
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
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RESOLUTION NO. 16—74
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
16 A 19
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, thisAlo}"day of A ( , 2016.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK,.CLERK COLLIER COUNTY, FLORIDA
• �'TY!'ee�
By: ti_ , �� •By: 146;&,,
Attest as to Chairman's Dpu y Donna Fiala, Chairman
signature only.
• .roved a to form and Legality
'' 3/3c/,.
S ett • . Stone
Assistant County Attorney
Exhibit A: Second Amendment to the Settlement Agreement
3/18/16 4.1)
16 A 1 9
SECOND AMENDMENT TO SETTLEMENT AGREEMENT
This Second Amendment Se ment Agreement ("Amendment") is made and entered
into this day of ,2016,by and between(a)Dorset Associates,
LLC,a Florida limited liability co pany("Dorset') as successor to Dennis J.Lynch; (b), Capital
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
subdivision of the State of Florida("Collier County"),all of which may be collectively referred to
herein as"the Parties."
RECITALS
This Amendment is intended to supercede the terms of,and be an amendment to,a
Settlement Agreement entered into between Dennis J.Lynch, as Trustee("Lynch"),pursuant to a
rust Agreement dated February 9, 1981, and Collier County ("Settlement Agreement"), which
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
Case No. 92-1500-CA.
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
referenced deed,i.e.,the subject"Property"or parcel.
C. The Settlement Agreement Amendment included an Alternative Conceptual Master
Plan (attached as Exhibit A thereto), along with intensity, design and dimensional standards for
development of the Property,and required that any approved Site Development Plan Amendment
for the Property be generally consistent with the Alternative Conceptual Master Plan.
D. Dorset and The LaSalle Group, Inc., a Texas corporation("LaSalle")entered into
that certain Real Estate Purchase and Sale Agreement dated July 13,2015,whereby Dorset intends
to sell to LaSalle and LaSalle intends to purchase from Dorset, a portion of the Property for the
development of a fifty-four (54) bed memory care facility thereon. The other Parties own the
remainder of the Property.
E. In contemplation of LaSalle's intended development, LaSalle has revised the
Alternative Conceptual Master Plan to implement its proposed changes, and it was considered by
Collier County on Apr< < a•(o , 2016. The revised conceptual master plan furthers the
interests of Collier County, and Collier County agrees to replace the Alternative Conceptual
Master Plan with the Revised Conceptual Master Plan, a reduced version of which is attached
hereto as Exhibit A,dated March 1, 2016.
F
SECOND AMENDMENT TO SETTLEMENT AGREEMENT
DORSET-COLLIER COUNTY
16 A19
NOW. THEREFORE. for and in consideration of the premises hereto. the keeping and
eriormance 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 herebyratified 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
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.]
SECOND AMENDMENT TO SETTLEMENT AGREEMENT
DORSET-COLLIER COUNTY 2
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16A19 I
i
1 IN WITNESS WHEREOF, the Parties have caused this Amendment to be duly
luthorized. executed. sealed and delivered as of the day and year first above written.
DORSET . .- $CIATES.LLC.
a Flori I limited 1 ability company
IP 1
A
�'_ Date:14
7'"' /6
ame: Ei,ward J.Mace
itle: anager
I
CAPITAL CENTER LAND CONDOMINIUM
ASSOCIATION,INC..
a Floridnot-for-profit co , anon
„,,,,, , . Date: 4//,'/A
Name: Dennis J. L 'ch I
Title: Presiders.
IMF.TREASURY BUILDING CONDOMINIUM 1
ASSOCIATION.INC., I
a Florida not-for-profit corporation
e:
N.
.N' Pablo Veintimilla Date: 7/-? moo/
title: President
HILER CHIROPRACTIC.P.A..
1 Florida corporation
...e/ -- ,_ Date: f z° /?".'/('
N e: 'chard A. Hiler
Title: President
1
i
SECOND AMENDMENT TO SETTLEMENT AGREEMENT'
DORSET-COLLIER COUNTY 3 1
3
I
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16A191
i
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY.FLORIDA
a
e/14-140 ,, Date: y\'2.1,,Vb
Name: Donna Hale
Title: Cnairmar_<
1
A 111 EST:
Dwight E. Brock_Clete.,3
" , . :
Pitli
By: a ,.
Denutv CIA
Attest as to Chtairr'i s \
signature only,
Approved as to Form and Legality:
.____(s_.__ ,___C F
1 � aafib Date: `kA�lo// ‘o
Name: Scott A. Stone
Title: Assistant County Attorney
i
1
1
SECOND AMENDMENT TO SETTLEMENT AGREEMENT
DORSET-COLLIER COUNTS, 4
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16A19 '
EXHIBIT A
Revised Conceptual Master Plan
SECOND AMENDMENT TO SETTLEMENT AGREEMENT
DORSET-COLLIER COUNTY 5
16A19 I
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