Agenda 04/26/2016 Item #16A19 4/26/2016 16.A.19.
EXECUTIVE SUMMARY
Recommendation to approve 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 [PMC-PL20160000197].
OBJECTIVE: To obtain Board of County Commissioners (Board) approval of a Second
Amendment to a Settlement Agreement between Dennis J. Lynch and the Board dated February
4, 1994, for a partially developed property known as Capital Center.
CONSIDERATIONS: The subject parcel was the subject of litigation which resulted in a
court-approved Settlement Agreement between the County and the property owner, Dennis J.
Lynch, in 1994. That agreement was subsequently amended through a Settlement Agreement
Amendment between the County and the successor owner, Dorset Associates, LLC, in 2004. The
Amendment included an "Alternative Conceptual Master Plan" and associated development
restrictions,requirements and standards for the subject parcel.
A contract purchaser of one of the parcels, with the consent of all other current property owners,
is requesting to amend the Alternative Conceptual Plan.
The contract purchaser proposes construction of an Assisted Living Facility(ALF) on the Capital
Center parcel, which is zoned Commercial Intermediate (C-3). In order to accommodate the plan
for an ALF, a modification to the Alternative Conceptual Master Plan is required which, in turn,
requires a Second Amendment to the Settlement Agreement. The purpose of the Resolution is to
memorialize the Board's approval so it may be noted on the appropriate zoning atlas or maps.
All property owners of the area subject to the Settlement Agreement have joined in this
Amendment.
The proposed changes to the Alternative Conceptual Master Plan are:
1) reconfiguration of driveways, parking areas and common areas;
2) replacement of two proposed buildings with one building for the proposed ALF; and
3) replacement of the proposed obelisk with three flag poles.
The Settlement Agreement Amendment provides that successor owners of the subject property
"may modify the Alternative Plan to address market place demand and economic goals so long
as any site plan proposed as part of an SDP Amendment otherwise meets the provisions of[the]
Settlement Agreement Amendment." Staff determined that the replacement of the buildings is
beyond staffs discretion and requires Board approval.
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Staff has analyzed the proposed modified Alternative Plan for consistency and compatibility with
adjacent properties.
FISCAL IMPACT: There is no fiscal impact associated with the approval of a Settlement
Agreement Amendment.
GROWTH MANAGEMENT PLAN (GMP) IMPACT: There is no impact to the GMP as a
result of this action.
LEGAL CONSIDERATIONS: There are no specific standards for review of the proposed
Alternative Plan because it is a conceptual plan that was approved as part of a Settlement
Agreement. The review for compliance with applicable development standards will occur at the
time the property owner(s) submit a Site Development Plan Amendment for the subject property.
This item has been approved as to form and legality, and requires a majority vote for Board
approval. - SAS
RECOMMENDATION: Staff finds the Second Amendment consistent with the Settlement
Agreement and Settlement Agreement Amendment, and compatible with the surrounding area,
and recommends approval of the attached Second Amendment to the Settlement Agreement and
Resolution memorializing the Board's approval of the Amendment.
Prepared by: Fred Reischl, AICP, Principal Planner, Zoning Division, Growth Management
Department
Attachments:
1) Second Amendment to the Settlement Agreement
2) Resolution
3) Application
4) First Amendment to the Settlement Agreement
5) Original Settlement Agreement
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.19.
Item Summary: Recommendation to approve 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 [PMC-PL20160000197].
Meeting Date: 4/26/2016
Prepared By
Name: ReischlFred
Title: Planner,Principal,Zoning
3/21/2016 2:02:18 PM
Approved By
Name: BellowsRay
Title:Manager-Planning,Zoning
Date: 3/22/2016 12:54:10 PM
Name: BosiMichael
Title: Division Director-Planning and Zoning,Zoning
Date: 3/22/2016 4:53:45 PM
Name: PuigJudy
Title: Operations Analyst,Operations &Regulatory Management
Date: 3/31/2016 2:35:20 PM
Name: PuigJudy
Title: Operations Analyst, Operations &Regulatory Management
Date: 3/31/2016 2:36:25 PM
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Name: WilkisonDavid
Title: Department Head-Growth Management Dept, Growth Management Department
Date: 4/4/2016 10:34:27 AM
Name: StoneScott
Title: Assistant County Attorney,CAO Land Use/Transportation
Date: 4/6/2016 11:57:52 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/13/2016 5:02:36 PM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 4/14/2016 10:09:46 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/15/2016 11:03:31 AM
•
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SECOND AMENDMENT D MENT TO SETTLEMENT AGREEMENT
This Second Amendment , S- i -meat Agreement("Amendment')is made and entered
into this day of -" ° ,2016,by and between(a)Dorset Associates,
LLC,a Florida limited liability • 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 1
herein as"the Parties."
RECITALS
A. 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
Trust 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 , 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.
SECOND AMENDMENT TO SETTLEMENT.ACREEMENT
'DORSET-COLLIER COWIN 1
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`t
NOW THEREFORE.for and in consideration of the premises hereto,the keeping and
oertbrmance 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 U,hibit 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 herelyratified 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 +hall 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 COUNTS 2
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1
i
i
IN WITNESS WHEREOF, the Parties have caused this Amendment to be duly
iumorized.executed.sealed and delivered as of the day and year first above written.
:
:
DORSET CIA.i TES.11..C.
I 1
a Flori limited 1 ilty company !
Ai alt,,,k4s.
Date: i4 '':kf..2
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ame: ,ward I.Mace 1
Ale:
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CAPITAL CENTER LAND CONDOMINIUM I ,
ASSOCIATION,INC..
a Flori not-for-profit co on
I Date
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actifii if ...
Name: Dennis J.L ,,eh 1
Title: President I
I
THE TREASURY BUILDING CONDONE:WM i
ASSOCIATION.INC., I
a Florida not-for-profit corporation ,
/ /
Date
: " 1
t\I.1 e: Pablo Veintindlla i
,
Title: President
HILER CHIROPRACTIC.P.A., I
a Florida corporation I
,
/
Date: t/ ' / ;....."("'
N e: ' 'chard Ai Hiler
Title: President
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SECOND AMENDMENT TO SETTLEMENT AGREEMEN't
DORSET-COLLIER.COUNTS( 3
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ri3N
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BOARD OF COUNTY COMMISSIONERS
1.0"COLLIER COUNTY.FLORIDA
Date:
Name: Donna Fiala
Title: Chairman
ATTEST:
Dwight E.Brook.Clerk
By:
Deputy Clerk
Approved as to Form and Legality:
qb.°b6
Name: Scott A.Stone Date:
Title: Assistant County Attorney
SECOND AMENDMENT TO SEI LENIENT AGREEMENT
T.MRSET-COWER COUNT V 4
(I)
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EDIT A
Revised Conceptual Master Plan
SECOND AMENDMENT TO SETTLEMENT AGREEMENT
DORSET—COLLIER COUNTY
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RESOLUTION NO. 16—
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
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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, this day of , 2016.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk Donna Fiala, Chairman
Approved as to form and Legality
3r3 vg,
Scott A. Stone
Assistant County Attorney
Exhibit A: Second Amendment to the Settlement Agreement
3/18/16
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THE L A SALLC GROUP 4/26/2016 16.A.19.
January 14, 2016
To: Collier County Board of County Commissioners
3301 Tamiami Trail East
Naples, FL 34112
From: The LaSalle Group, Inc.
o/n \ke Robles
545B.John Carpenter Freeway, Ste. 500
Irving, TX 75062
Ref: Capital Center, Parcel No.: 0()266480008 (9.1] AC.) - Proposed Master Plan Change
Dear Collier County Commissioners
The LaSalle Group, Inc.and/or an affiliated entity (LUG") is the contract purchaser of a portion
of the Capital Center development located on Airport Pulling Road, between Coach House Lane
and Poinciana Elementary School. TLG desires to build an assisted living community on a
portion of the Capital Center development.
In |99Z, the 9.|]-uunc property was the subject of liti tionboh°onnDonnix [ vnob, motrunbxe,
and Collier C0uo1�(�aon ��o� y2-1580-{ \). Th�il�iss �u\ n:�u8md iouxa1k:nloniu�Icoo�ootb)
County litigation
February 1994, which was later amended through a Settlement Agreement Amendment (^ 5&/\``)
in May 2004. The SAA includes an Alternative Conceptual Master Plan (included as Exhibit A
to this application), which illustrates a plan for m total 0[five(5) buildings and common areas.
The common areas include parking, driveways and other areas, such ano planned ^^Prcoidnnt"s
Plaza". To date, two (2) buildings have been completed (the Jefferson Building and the Treasury
Building). &Uc*rnrnonareas,d�vnwaypand faci|kicnhave been con>p|ctcd, vvhhthe exception
of the y- ni�xnt^x �|az� A
President's Plaza.
installed.
While the SAA requires deve consistent with the Alternative Conceptual
Master Plan, it also expressly permits modifications to that plan as long as the modifications
otherwise comply with the provisions of the SAA. In order to accommodate its plan for an
assisted living community on a portion o[tbu property, 1`ui proposes a modification to the
Alternative Conceptual Master as shown in Exhibit B. In general, the following conceptual plan
changes are proposed for Capital Center:
I. The existing common driveways, parking spaces and common areas would be
reconfigured:
2. Two buildi (the Monroe Building and the Madison Buildi ) and the President's
Plaza would be replaced with the proposed assisted living eomrnunity and
mww.KAswUci;rmny.ww/
Horne Office: (214)845-46UU~Toll Free: (Ho0)452'725S~Facsimile: (D4)84S450|
545 E.John Carpenter Freeway,Suite 50U~lr°ixg/l.x"Colinas,TX75U62
_ - ~ � �
01j � |
» u~ , Packet Page -642-^4-,w
THE L AS & LE GROUP 4/26/2016 16.A.19.
'
J. The obelisk planned for the entrance on Airport Pulling Road would be replaced with
three flagpoles, which would meet applicable code requirements.
Please note that these proposed changes would reduce the development intensity of the project.
Because development of the property is governed by the SAA, County staff feels that approval
by the Board of County Commissioners ("BCC") is required for the proposed modifications to
the conceptual plan. There is no form application for this unique circumstance; however, so
County staff requested 7LCILo submit un analogous application for a proposed minor change to a
PhD Master Plan (even though the properly is not part of any PUt)). Through this letter, TLG is
submitting such an application(known as a PMC).
Per communications with Ray Bellows and the County Attorney's Office, the County staff will
evaluate the application and the County Attorney's Office will drall a resolution and an
amendment to the SAA for the BCC's consideration. No other public hearings will occur.
A000rding|y, Ray Bellows has confirmed that the hollowing items need not be submitted with the
application: (a) pre-application meeting notes; (h) addressing checklist; (c) letter to adjacent
property owners; (d) |iut of property owners; and (e) copy of current P[/E} Ordinance(although a
copy o the SAA is included).
We would greatly appreciate your support of the proposed un000p1uu> p]uncbangeoaod \ovk
fhn°ard to joining the business community of Collier County.
Sincerely
fide Robles
Regional Director of Development
.otiuU,;;n,n),.w`n`
Home Office: (2U4)H4S'46D0 "Toll Free: (800)452-7255 F^*oi., i},: (214)845-4501
545 E.John Carpenter Freeway,Suite sOO^ Iry iog-/C`o Colinas,T{7506z
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Co er County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104
www.colliergov.net (239)252-2400 FAX:(239) 252-6358
MINOR CHANGE TO PUD MASTER PLAN OR MINOR TEXT CHANGES (PIVIC)
LDC subsection 10.02.13 E. &Code of Laws section 2-83—2-90
Ch. 3 GA of the Administrative Code
Minor changes to the PUD Master Plan and minor text changes may be allowed during its
subdivision improvements plan or site development plan process to accommodate topography,
vegetation, and other site conditions not identified or accounted for during its original submittal
and review. The said changes determined to be compatible with adjacent land uses, have no
impacts external to the site, existing or proposed, and otherwise consistent with the provisions
of the LDC and Growth Management Plan.
The County Manager or designee shall be authorized to make minor text changes to remove
affordable housing commitments to pay an affordable housing contribution in PUDs,
Development Agreements, and Settlement Agreements under LDC subsection 10.02.13.E.3.c.
PETITION NO
0-01 (0 - Oic
PROJECT NAME To be C011ipleied stolf
DATE PROCESSED PP 2016 00 f 0 9
PUD NAME: ORDINANCE NUMBER:
APPLICANT CONTACT INFORMATION
Name of Applicant(s): The LaSalle Group, Inc., a Texas corporation, and/or an affiliated entity
Address:
11/545 E.John Carpenter Fwy., Ste. 500 City: in ZIP:
g State: TX 75062
Telephone: 214-8454500 Cell: 770403-8517 Fax:
E-Mail Address: irobles@lasallegroup.corn
Name of Agent: Clay C. Brooker
Firm: Cheffy Passidomo, P.A.
Address: 821 5th Ave. South City: Naples State: FL ZIP: 34102
Telephone: 239-261-9300 Cell: Fax: 239-261-9782
E-Mail Address: ccbrooker@napleslaw.com
6/9/2014 Page 1 of 7
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COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104
xvww.co||ie,guv.nst (239)252-2400 FAX:(239)2.52-6358
DISCLOSURE OF INTEREST 1NFORMATON ISCLOSURE OF INTEREST INFORIVIATION
Is the applicant the owner of the subject property? Yes No
| |
1. If applicant is a land trust,so indicate and name the beneficiaries below.
| ) 2. If applicant is corporation other than a public corporation, so indicate and name officers
and major stockholders below.
{ 3. If applicant is a partnership, limited partnership or other business entity, so indicate and
name principals below.
| |
4. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any.
| |
5. If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on
the lease.
01 6. If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s)
name and address below:(/f space is inadequate, attach on separate page)
Dorset Associates, LLC / Edward J. K8ace, Manager
720 Goodlette-Frank Road North, Ste. 202. Naples, FL. 34102
PROPERTY INFO N
For a Minor Change to a PUD Master Plan:
1. Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be
graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD,
provide a legal description for subject portion.
Z. Attach on a separate sheet, a written description of map change.
]. Does amendment comply with the Growth Management Plan? 110 Yes No
If no, please explain:
4. FIas a public hearing been held on this property within the last year?L1 Yes No
II yes, please provide the petition name and number:
6/9/2o14 Page 2 of 7
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Co er County
# 4/26/2016 16.A.19.
COLUER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTh MANAGEMENT DIVISION NAPLES, FLORIDA 34104
www.colliergov.net (239)252-2400 FAX:(239)252-6358
6. I-las any portion of the PUD been • SOLD and/or •I DEVELOPED?
a. Are any changes proposed for the area sold and/or developed?U Yes | I No
b. If yes, please describe on an attached separate sheet.
For a minor text change to remove affordable housing contribution commitments:
1. Please note that the applicant/agent is required to notify property owners and any
other persons or entities that have made a formal request of the County to be notified.
Please complete the draft letter ("Exhibit A") that is attached and provide the executed
affidavit of compliance and the list of property owners.
.
5/9/2014 Page sn(,
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4/26/2016 16.A.19.
Co er County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104
mmvxx.mm|aergox'ne, 1239)252-2400 FAX:(239)252-6358
- ' '
]
' ^SUBMITTAL REQUIREMENTS CHECKLIST
See Chapter 3 G.4 of the Administrative Code for submittal requirements. This completed checklist is to be
submitted with application packet in the exact order listed below, with cover sheets artached to each
section. Incomplete submittals will not be accepted.
it OF NOT
REQUIREMEN1S FOR REVIEW REQUIRED
COPIES REQUIRED
Completed Application(download current form from County website) 3
Project Narrative including a detailed description of the proposed
3 /
)
changes and why the amendment isneceoary �— ��
Pre-Application Meeting notes 1 Fl
Affidavit of Authorization signed ¬arized 3
Completed Addressing Checklist 3 n --
Copy of88 in. x1l in.graphic location map ofsite 3 � |
Current Master Plan&1 Reduced Copy(For item 'A' under Property '
3 0� |
Info.) ' '
Revised Master Plan&11 Reduced Copy (For item'A' under Property
Info.) 3 �]
Letter to adjacent property owners(For item 'E' under Property Info.) 3
List of property owners(For item 'E'under Property Info.) 3 �— |x |
Copy of current PUD Ordinance(For item '[' under Property Info.) 3
[lectronic copy of all documents and plans
*Please advise:The Office of the Hearing Examiner requires all 1 111
materials to be submitted electronically in POF format.
if
|f�mcateW in Immokalee or seeking affordable housing, include an additional set of each submittal
requirement
ADDITIONAL REQUIREMENTS FOR THE PIJBUC HEARING PROCESS:
o Following the completion of the review process by County review staff, the applicant shall
submit.all materials electronically to the designated project manager.
• Please contact the project manager to confirm the number of additional copies required.
PLEASE ROUTE ALL APPLICATIONS TO THE FOLLOWING PERSONS: County Attorney and Fire Code
Review Office.
6/9/2014 Page 4vl7
Packet Page -647-
_,. ., 4/26/2016 16.A.19.
Cot
er County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104
www.colliergov.net (239)252-2400 FAX:(239)252-6358
1 FEE REQUIREMENTS I
/PHD Minor Change(PMC):$1,000.00
_ Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$925.00
All checks payable to:Board of County Commissioners
The completed application, all required submittal materials,and fees shall be submitted to:
Growth Management Division/Planning and Regulation
ATTN:Business Center
2800 North Horseshoe Drive
Naples, FL 34104 V4A_
\
il: i/ -..- — — ... . ..). 1 -2 2. - /(e
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IF
Ap P cant.ignatu,e Date
Ilde Robles
Printed Name
6/9/2014 Page 5 of 7
Packet Page -648-
4/26/2016 16.A.19.
AFFIDAVIT OF DORSET ASSOCIATES, LLC
STATE OF FLORIDA )
) ss.:
COLLIER COUNTY )
BEFORE ME,the undersigned authority, personally appeared Edward J. Mace,who, after
being first duly sworn, under oath, deposes and states:
1. I am over the age of eighteen (18), have personal knowledge of the facts
contained herein, and am competent to testify to the following.
2. My name is Edward J. Mace, and I am the manager of Dorset Associates, LLC, a
Florida limited liability company("Dorset").
3. Dorset is the owner of a portion of the real property within the Capital Center
development located on Airport Pulling Road, between Coach House Lane and Poinciana
Elementary School. Specifically, Dorset owns the real property, labeled as Unit 3, in the
conceptual plan attached hereto as Exhibit A("the Property").
4. Dorset has entered into a purchase and sale agreement ("the Agreement")
through which the Property will be sold to The LaSalle Group, Inc., a Texas corporation, and/or
an affiliated entity("TLG").
5. In accordance with the Agreement and prior to closing, Dorset authorizes TLG to
file and process with Collier County whatever land use or development applications, petitions
and requests TLG deems necessary for its intended use of the Property.
FURTHER AFFIANT SAYETH NAUGHT.
Dorset Ass elates, . C
Ale
BY' Mr,
Ed ,ard J. Mace, Manager
Packet Page -649-
4/26/2016 16.A.19.
`fx+.
SWORN TO AND SUBSCRIBED before me by Edward J. Mace,this a Sday of January,
2016,(Y} who is personally known to me; or(.j who has produced as
identification and who declared that the foregoing is true and correct.
0`,,`: '.1.,00 V ROSEMARIE B.YOUNG AP r
4:
, *FAY COMMISSION N FF 053666 I ..41011.4
i.` EXPIRES:January 6,2018 Notary Public
'ergo t,t Ba dThm o
BudgetNotary Stokes y
State of Florida
My Commission Expires:
My Commission Number:
2
Packet Page-650-
4/26/2016 16.A.19.
Exhibit A
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4/26/2016 16.A.19.
AFFIDAVIT OF AUTHORIZATION
FOR PETITION NUMBERS(S) PL.' �!+U t {d o 000 I G ?
l John Barbee (print name), as Executive Vice-President of Real Estate (title, if
applicable)of The LaSalle Group,Inc. (company, If applicable),swear or affirm
under oath,that I am the(choose one)owner applicant) contract purchaser ,/ and that:
1. i have full authority to secure the approval(s) requested and to impose covenants and restrictions on
the referenced property as a result of any action approved by the County in accordance with this
application and the Land Development Code;
2. Ail answers to the questions in this application and any sketches, data or other supplementary matter
attached hereto and made a part of this application are honest and true;
3.. I have authorized the staff of.Collier County to enter upon the property during normal working hours
for the purpose of investigating and evaluating the request made through this application;and that
4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and
restrictions imposed by the approved action.
5. We/l authorize Clay C.Brooker,and Chaffy Passidomo,PA, to act as our/my representative
in any matters regarding this petition including 1 through 2 above.
*Notes:
• If the applicant is a corporation, then it is usually executed by the corp. pres. or v.pres.
• If the applicant is a Limited Liability Company(L.L.C.) or Limited Company(L.C.), then the documents should
typically be signed by the Company's"Managing Member."
• If the applicant is a partnership, then typically a partner can sign on behalf of the partnership.
• If the applicant is a limited partnership, then the general partner must sign and be identified as the "general
partner"of the named partnership.
• If the applicant is a trust, then they must include the trustee's name and the words"as trustee",
• in each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then
use the appropriate format for that ownership.
Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that
the facts stated in it are true.
2
Signature Date
STATE OF t~t6RID7r
COUNTY OF G961~IEft- h The foregoi instrument was sworn to(or affirmed)and subscribed before me on 1 h
�`7 (date) by
• bttr) C (name of person providing oath or affirmation), as
F V who is personally known to i e or-wbo.has ad led-___
(type of identification)as identification.
a
Signature of Notary Public■Afil MARGARET FLETCHER •
iAr My Commission Expires
May 19,2018
CP108-COA-001151155
REV 3/24/14
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
( COLLIER COUNTY, FLORIDA CIVIL ACTION
DENNIS J. LYNCH,as Trustee under a Trust
Agreement dated February 9, 1981,
Plaintiff,
`, Case No. 92-150gCA , . .
t 4
BOARD OF COUNTY COMMISSIONERS "`'•
COLLIER COUNTY, FLORIDA, Pied 14- Tr' t~r: .. .; ; ' .
Defendant. 11 r
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SETTLEMENT AGREEMENT AMENDMENT
'1'6.
This Settlement Agreement Amendment rs made and entered into thisO
me L ) day of
i _. 2004, by and between Dorset Associates, LLC, a Florida limited liability
company ("Dorset") as successor to Dennis J. Lynch, and the Board of County
Commissioners,a political subdivision of the State of Florida("Collier County").
BACKGROUND STATE? 1ENTS:.&TERMS,
A. This Settlement Agreement Amendment is intended to supercede the
terms of, and be an amendment to, a Settlement Agreement entered into between Dennis
• J. Lynch, as Trustee, pursuant to a Trust Agreement dated February 9, 1981 ("Lynch")
and the Board of CountyComiiissioners of Collier County, a political subdivision of the
, State of Florida ("Collier County"), which v1 is approved by Judge Blackwell in the
Circuit Court's Order filed on February 23, 1994,in Case No,92-1500-CA.
B. By virtue of Warranty Deed dated 811/2001 and recorded in Official t*a
Records Book 2874 at Page 1714, of the Public Records of Collier County, -Florida, a
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.
co
C. In August, 2001, Dorset sought to define the undetermined permitted C
intensity of the"out parcel"-referenced in the Settlement Agreement. Dorset and Collier
County agreed, through their authorized representatives, that the intensity of the.
undeveloped out parcel was 37,950 square feet of development and that this intensity
added to the 104,000 square feet defined by the Settlement Agreement totaled a permitted
141,950 square feet of devIelopment;governed by the Settlement Agreement.
D. In 2003,Dorset proposed to proceed with the proposed development of the
subject parcel consisten' with the provisions of the Settlement Agreement._ Collier
'
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VP 1
County, through its authorized representatives, identified and noted that the existing
Settlement Agreement approved plan, SDP 88-093, would not be compliant with
numerous development standards of the current Collier County Land Development Code
(LDC) and other applicable development standards and requirements. Dorset and Collier
County agreed that an alternativr to the approved plan could further the goals of both
Dorset and Collier County for a contemporary plan which would provide for near
complete compliance with the current provisions of the LDC and other development
standards. Collier County proposed an amendment of the Settlement Agreement to
memorialize the agreed upon changes to the Settlement Agreement which is embodied by
this Amendment.
E. Dorset has developed a conceptual master plan to implement the proposed
changes and it was considered by Collier County on December 36,2001 The conceptual
master plan IA as found to further the interests of Collier County and Collier County
authorized its representatives to pursue the required actions to implement an amendment
of the Settlement Agreement to provide for a conceptual master plan and its associated
restrictions, requirements and standards, known herein as the Alternative Conceptual
Master Plan or Alternative Plan, a reduced version of which is attached as Exhibit A,
dated March 24,2004.
F. The following Settlement Agreement Amendment'provisions arc intended
to apply to the Alternative Conceptual Master Plan.
I. Implementation of the Alternative Plan requires amendment of:the
Settlement Agreement's referenced 'SDP 88,093. The Alternative
Plan shall be subject to the DEVELOPMENT INTENSITY, SITE
DESIGN, and DIMENSIONAL AND DEVELOPMENT
STANDARDS provisions contained within this Settlement
Agreement Amendment. SDP 88-093 shall remain the governing
approval until such time as an amendment to this Site
Development,Plan or SDP is approved by Collier County,
2. The construction provided for in SDP 88-093, as it may be
-17
amended. and then approved by'Collier County, pursuant to and
consistent with the provisions of this Settlement Agreement
Amendment, may be constructed by Dorset, and/or successor Co
owners, when they deem a to be appropriate. No specific,tune
period or deadline exists with respect to the commencement of
construction or completion of construction of such improvements
as are shown on SDP 88-093, a ' may be amended, and then
approved by Collier County,
3. Dorset, or any successor owner, may ProPose,and make PlAnges to the
SDP and will be eligible for SDP Amendment approval-by Collier
County, so long as the SOP Amendment proposed is consistent NVi.tli
the DEVELOPMENT INTENSITY, SITE DESIGN, and
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wr
DIMENSIONAL AND DEVELOPMENT STANDARDS provisions
( contained herein.
Traffic impacts and environmental resources are issues which have
been reviewed and considered in the Settlement Agreement, its
establishment of development intensity, and were addressed by review
and approval of SDP 88-093. Traffic, impacts have more recently
been addressed in documentation previously provided by Dorset and
are addressed herein relative to any future SDP Amendment,such that
neither a Traffic Impact Statement (TIS)nor an Environmental Impact
Statement (EIS) shall be required for application and approval of a
SDP Amendment by Collier County. However, it is understood and
agreed that existing traffic data (i.e., trip generations, etc.) must be
interpreted and applied by Dorset's engineers) and validated by
Transportation stag' in order to maintain "checkbook., Concurrency
System integrity.
Additionally, a traffic signalization study of the intersection of
Poinciana Drive (the school's driveway) and Airport Road will be
required prior to Collier County Transportation Staff making a
determination that design improvements to the intersection's
signalization infrastructure are warranted. Any cost of such study to
be borne by Dorset will be determined when,and as established by the
actual traffic conditions warrant.
4. County approval of any amendment to SDP 88-093 and subsequent
development of the subject Property must be consistent with the
uses and restrictions of L.DC Section 2.2.14 Commercial
Intermediate. District(C3), other applicable LDC provisions, and
other applicable restrictions and standards of Collier County, as
they may be amended from time to time except where such
restrictions and standards are addressed herein and such provisions tv
conflict directly or indirectly with those stated herein, in which
case the standards or restrictions of DEVELOPMENT c `t
INTENSITY, SIZE DESIGN. and DIMENSIONAL AND -"-,
DEVELOPMENT STANDARDS as provided for herein shall —
govern.
CFI
AGREED UPON.DEVELOPMENT CONDITIONS
Based upon the foregoing Background Statements & Terms, the following,,are
mutually agreed upon development conditions applicable to any amendment of°SDP
88-093:
_3r
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ww N
DEVELOPMENT INTENSITY
Project square footage for any SDP Amendment is limited to a maximum of
141,950 square feet.
I II. SITE DESIGN
Any site plan proposed as part of an SDP Amendment shall be generally
consistent with the Alternative Conceptual Master Plan. The Alternative
Conceptual Master Plan is a graphic representation of a presently contemplated
development concept, however,and Dorset,or any successor owner, may modify
the Alternative Plan to address market place demand and economic goals so long
as any site plan proposed as part of an SDP Amendment otherwise meets the
provisions of this Settlement Agreement Amendment:
III. PHASED DEVI:LOPMEN"r
The construction of SDP 88=023, as it may be amended; and then approved by
Collier County, may be constructed in phases. The project's required turn lanes
and other right of way improvements, as well as improvements to be constructed
for use by, or over property owned by,the Collier County Public School System
(the Collier School District), may be constructed separately once an amendment
to SDP 88-093 is approved and may put into use prior to the construction of
the project's other approved site improvements,.
IV. PAYMENT Or IMPACT FEES
The County's issuance of a Certificate of Adequate Public Facility and apprr val ca'►
of an SDP Amendment under this Amendment shall not require any pre-payment
of impact fees otherwise due. Impact feesshall be not be due and payable until at ca
the time of building permit application or issuance as:provided for herein. One- CO
half of the County estimated applicable Transportation(Road)Impact Pee shall be
paid at the time of each individual building permit application.. The balance of the
required and applicable Transpor'tat'ion (Road) Impact Fee and'all other required
and applicable impact fees for an individual building shall be paid at the time or building permit issuance for the individual building:
{ V, DIMENSIONAL AND DEVELOPMENT STANDARDS
A. Minimum Lot Area: 10,000.square feet,
r'
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_4_
Packet Page -659-
4/26/2016 16.A.19.
13, Minimum Lot Width, 75 feet.
C Minimum Yard Requirements:
1. Front Yard (Airport Road): 25 feet or one-half of the building height as
measured from grade,whichever is greater.
2, Front Yard (Coach House Lane): 25 feet or one-half of the building height
as measured from grade,whichever is greater.
3. Side Yard(West Property Line):25 feet.
4. Side Yard (Poinciana School Driveway): One-half of the building height
as measured from grade with a minimum of 15 feet.
D, Maximum Zoned Building Height: 50 feet.
F. i)istanee Between Structures::If there is a separation between any two principal
structures on the same parcel,said separation shall be a minimum of 15 feet or a
distance equai to one-half the sum of their heights,whichever is greater.
F. Minimuni Floor Area of Principal Structure: 700 square feet gross floor
area for each building on the ground floor.
C. Maximum Lot Coverage:. Standard Not Applicable.
H. Floor Area Ratio: Standard Not Applicable.
1. Oft-Street Parking, Off:Street Loading: As required by LDC Division 2.3, as
may be amended.
J. Entry )drive Width: 24 foot minimum width for two-way driveway: 14 foot
minimum width for a one-way lane of a two-way median-enhanced driveway.
Minimum lire truck radius in parking lots shall be 2S feet inside radius and 45
feet outside radius, fbr a 20 foot travel way.
(xi
K. Landscaping: As required by LDC Division 2.4, as same may be amended,
except for the following:
co
1. As to LDC Subsection 2.4.7,31.2;, provision applies as existed on
December 16. 2003, except that water management areas may be
located within the front yards, such that the landscaped buffer within
the front yard is limited to a maximum of 50%of its required width for
water management use and that non structural slopes shall not exceed
a slope of4:1, unless planted with ground cover.
2. As to l..DC Subsection 2.4.6.7., applies as existed on December 16,
2003, except that provision for building foundation planting areas for
tall buildings and buildings of 20,000 square feet or greater is waived,
- 5 -
Packet Page -660-
4/26/2016 16.A.19.
S
provided that the general provision for building foundation planting
areas, LDC Subsection 2.4.66, as it existed on December 16, 2003,
will be applicable to all buildings,
L. Site Access and Associated Required Improvements and Standards:
1. From Airport Road: a right-in/right-out located approximately 276 feet,
measured to the center line of the entry drive, south of the parcel's north
property line,served by a right-turn lane.
2. From Coach House Lane: a full access located approximately 501 feet west of
the parcel's east property line measured to the center of the 24 foot wide
entry drive; no left turn lane required. 10 foot wide left and right turn lanes
shall be provided from Coach House Lane to Airport Road.
3. From Poinciana School driveway; `50 foot radius at parcel access drive; no
right turn lane. required. A right turn lane shall be provided from Airport
Road to Poinciana.School drive,
4. No compensating right of=way is required for turn lanes or other right-of-
improvements.
M. Right-of-Way Sidewalks; A six-foot wide sidewalk shall be provided within
Coach House Lane Right-of-Way north of roadway pavement• in lieu of a
sidewalk within Coach House Lane Right-of,:Way south of roadway pavement.
This sidewalk shall extend westward to link to the proposed school sidewalk
within the parcel's west property line landscape buffer.
N. Preservation Standards: The fQtlo ving standards substitute for LDC Section
3.9.5,5, through Section 3.9.6.6.6. The parcel supports 92,000 square feet of
existing native vegetation. The development of the;`parcel requires the developer•
to provide created preserves in the amount of 15%:of this square footage„,which
equals 13,800 square feet. The minimum dimension of created.preservea shall be
10 feet and the minimum area shall be 100 square feet, Created preserves may be cos
located throughout the parcel including but not.lirnited:to dry water management
areas and perimeter buffers. Created preserves shall be located a minimum of 15
feet from buildings. The mintnitum setback for trees within the created preserves,. t
shall be 15 feet from buildings and accessory improvements such as parking areas: cl1
and sidewalks and similar improvements; Created preserves shall incltgde;irces4
shrubs, and ground cover. The following minimum sizes and spacing of...
• egetation shall apply: One gallon ground cover, five gallon shrubs; 14 foot high
trees.with a seven foot crown spread and Oh of three inches; 20 -30 foot spacing
for trees with small canopy and 4D fo(4:spacing for trees with a large,canopy,,five.
foot ou center for shrubs and 3 foot on center for ground cover:
(Signatures found on last page)
-6-
Packet Page -661-
4/26/2016 16.A.19.
DORSET ASSOCIATES,LLy,
( a Flo 'da limited liability company /
/ ./;„ A/ / /.. 4,2/ 7 i - . 1)ate: ,:2./() , ' 'ff.& '• tir '‘,1
(./i,;,,,,,,/,':i4,1 s),../4:-,), _ ,, , ,•, ‘' .„“,t%•,
Dennis X. Lyrielf;Manager • .. ,;'''•,/t'
/ ,,..i.A')".,-c.-,
iti, c 4
ATTEST! DWIGHT 4. SROCK, CI:!rit By*.Ilt.... ,,.A 114.i-'-'40.13,-4,-f---Q-- . r3c ,
Attegt OS 4 ft1.1 e : -
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BOARD OF COUNTY COMMISSIONERS 4 ighatueooi i "--x,. ,
OF COLLIER COUNTY,FLORIDA. •. ...1 *. „.1. ,-
1. ..,—
i =•i-4ft. . 1:)aie'
,
,.1 Donna N a,Chaimlail
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Approved as to Form and
Legal Sufficiency:
-111"rtiii, '\ki1;1,(4,
Date,
Patrick . hiie
Assistant County Attorney
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EXHIBIT A
, 1 CONCEPTUAL MASTER PLAN :
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DATE OF GRAPHIC; MARCH 26/ 2004
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Packet Page -663-
4/26/2016 16.A.19.IN AND FOR
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT CIVIL ACTION
COLLIER COUNTY, FLORIDA
DENNIS J. LYNCH, as Trustee under a Trust
Agreement dated February 9, 1981,
Plaintiff,
v, Case No.92-150CA
1
BOARD OF COUNTY COMMISSIONERS —r , �■•
COLLIER COUNTY, FLORIDA, ! r,.
o...�;'�:. ,
Hied in 37:
} ,'or ~'
Defendant. ?
' Ch co ,t'J
•
SETTLEMENT AGREEMENT AMENDMENT N
This Settlement Agreement Amendment's made and entered into thise"'J day of
r�_. 2004, by and between Dorset Associates, LLC, a Florida limited liability
company ("Dorset") as successor to Dennis 3. Lynch, and the Board of County
Commissioners,a political subdivision of the State of Florida("Collier County").
BACKGROUND STATED IENTS&TERMS
A. This Settlement Agreement Amendment is intended to supercede the
terms of, and be an amendment to, a Settlement Agreement entered into 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 County"), which a ,s approved by Judge Blackwell in the
Circuit Court's Order filed on February 23, 1994,in Case No. 92-1500-CA.
INO
B. By virtue of Warranty Deed dated 8/1/2001 and recorded in Official Cn
Records Book 2874 at Page 1714, of the Public Records of Collier County, Florida, cr
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. --
co
C. In August, 2001, Dorset sought to define the undetermined permitted
CJ
intensity of the"out parcel" referenced in the Settlement Agreement. Dorset and Collier
County agreed, through their authorized representatives, that the intensity of the
undeveloped out parcel was 37,950 square feet of development and that this intensity
added to the 104,000 square feet defined by the Settlement Agreement totaled a permitted
141,950 square feet of development governed by the Settlement Agreement.
D. In 2003, Dorset proposed to proceed with the proposed development of the
subject parcel consistent with the provisions of the Settlement Agreement.. Collier
t. mac { 4
�
-- f
Packet Page -664-
4/26/2016 16.A.19.
VP
County, through its authorized representatives, identified and noted that the existing
Settlement Agreement approved plan, SDP 88-093, would not be compliant with
numerous development standards of the current Collier County Land Development Code
(LUC) and other applicable development standards and requirements. Dorset and Collier
County agreed that an altcmativr to the approved plan could further the goals of both
Dorset and Collier County for a contemporary plan which would provide for near
complete compliance with the current provisions of the LDC and other development
standards. Collier County proposed an amendment of the Settlement Agreement to
memorialize the agreed upon changes to the Settlement Agreement which is embodied by
this Amendment.
E. Dorset has developed a conceptual master plan to implement the proposed
changes and it was considered by Collier County on December 16,2003. The conceptual
master plan was found to further the interests of Collier County and. Collier County
authorized its representatives to pursue the required actions to implement an amendment
of the Settlement Agreement to provide for a conceptual master plan and its associated
restrictions, requirements, and standards, known herein as the Alternative Conceptual
Master Plan or Alternative Plan, a reduced version of which is attached as Exhibit A,
dated March 24,2004.
P. The following Settlement Agreement Amendment provisions arc intended
to apply to the Alternative Conceptual Master Plan.
1. implementation of the Alternative Plan requires amendment of the
Settlement Agreement's referenced SDP 88-093. The Alternative
Plan shall be subject to the DEVELOPMENT INTENSITY, SITE
DESIGN, and DIMENSIONAL AND DEVELOPMENT
STANDARDS provisions contained within this Settlement
Agreement Amendment. SDP 88-093 shall remain the governing
approval until such time as an amendment to this Site
Development Plan or SDP is approved by Collier County.
Crs
?. The. construction provided, for in SDP 88-093, as it may be
amended. and then approved by Collier County, pursuant to and
consistent with the provisions of this Settlement Agreement -"
Amendment, may bt constructed by Dorset, and/or successor
owners, when they deem it to be appropriate. No specific time t
period or deadline exists with respect to the commencement of
construction or completion of construction of such improvements
as are shown on SDP 88-093, as it may be amended, and then
approved by Collier County.
3. Dorset, or any successor owner,may propose and make changes to the
SDP and will be eligible for SUP Amendment approval by Collier
County, so long as the SDP Amendment proposed is consistent with
the DEVELOPMENT INTENSITY, SITE DESIGN, and
2
Packet Page -665- .
4/26/2016 16.A.19.
liW
DIMENSIONAL AND DEVELOPMENT STANDARDS provisions
contained herein.
Traffic impacts and environmental resources are issues which have
been reviewed and considered in the Settlement Agreement, its
establishment of development intensity, and were addressed by review
and approval of SDP 88-093, Traffic impacts have more recently
been addressed in documentation previously provided by Dorset and
are addressed herein relative to any future SDP Amendment, such that
neither a Traffic impact Statement (T15)nor an Environmental Impact
Statement (EIS) shall be required for application and approval of a
SDP Amendment by Collier County. However, it is understood and
agreed that existing traffic data (i.e., trip generations, etc.) must be
interpreted and applied by Dorset`s engineer(s) and validated by
Transportation staff' in order to maintain "checkbook" Concurrency
System integrity.
Additionally, a traffic signalization study of the intersection of
Poinciana Drive (the school's driveway) and Airport Road will be
required prior to Collier County Transportation Staff making a
determination that design improvements to the intersection's
signalization infrastructure are warranted. Any cost of such study to
be borne by Dorset will be determined when, and as established by the
actual traffic conditions warrant.
4. County approval of any amendment to SDP 88-093 and subsequent
development of the subject Property must be consistent with the
uses and restrictions of LDC Section 2.2.14 Commercial
Intermediate District (C3), other applicable LDC provisions, and
other applicable restrictions and standards of Collier County, as
they may be amended from time to time except where such
restrictions and standards are addressed herein and such provisions N.)
conflict directly or indirectly with those stated herein, in which tr;
case the standards or restrictions of DEVELOPMENT cT
INTENiSITY, SITE DESIGN. and DIMENSIONAL AND c
DEVELOPMENT STANDARDS as provided for herein shall ----
govern.
Cil
AGREED UPON DEVELOPMENT CONDITIONS
Based upon the foregoing Background Statements & Terms, the following are
mutually agreed upon development conditions applicable to any amendment of SDP
88-093:
3-
___ Packet Page -666-
4/26/2016 16.A.19.
DEVELOPMENT INTENSITY 1
Preect square footage for any SDP Amendment is limited to a maximum of
141.950 square feet.
1 IL SITE DESIGN 1
Any site plan proposed as part of an SDP Amendment shall be generally
consistent with the Alternative Conceptual Master Plan. The Alternative
Conceptual Master Plan is a graphic representation of a presently contemplated
development concept, however, and Dorset, or any successor owner, may modify
the Alternative Plan to address market place demand and economic goals so long
as any site plan proposed as part of an SDP Amendment otherwise meets the
provisions of this Settlement Agreement Amendment.
F111. PHASED DEVELOPMENT
The construction of SDP 88-093, as it may be amended, and then approved by
Collier County, may be constructed in phases. The project's required turn lanes
and other right of way improvements, as well as improvements to be constructed
for use by, or over property owned by, the Collier County Public School System
(the Collier School District), may be constructed separately once an amendment
to SDP 88-093 is approved and may be put into use prior to the construction of
the project's other approved site improvements:
IV. PAYMENT OF IMPACT FEES
N
The County's issuance of a Certificate of Adequate Public Facility and approval rt'
of an SDP Amendment under this Amendment shall not require any pre-payment
of impact fees otherwise due. Impact fees shall be not be due and payable until at -
the time of building permit application or issuance as provided for herein. One-
half of the County estimated applicable Transportation (Road) Impact Fee shall be
paid at the time of each individual building permit application.. The balance of the W
required and applicable Transportation (Road) Impact Fee and all other required
and applicable impact fees for an individual building shall be paid at the time of
building permit issuance for the individual building.
I V. DIMENSIONAL AND DEVELOPMENT STANDARDS
A. Minimum Lot Area: 10,000 square feet.
t
-4
Packet Page -667-
4/26/2016 16.A.19.
B. Minimum Lot Width: 75 feet.
C. Minimum Yard Requirements:
1. Front Yard (Airport Road): 25 feet or one-half of the building height as
measured from grade, whichever is greater.
2. Front Yard (Coach House Lane): 25 feet or one-half of the building height
as measured from grade,whichever is greater.
3. Side Yard(West Property Line):25 feet.
4. Side Yard (Poinciana School Driveway): One-half of the building height
as measured from grade with a minimum of 15 feet.
D. Maximum Zoned Building Height: 50 feet.
F. Distance Between Structures: If there is a separation between any two principal
structures on the same parcel, said separation shall be a minimum of 15 feet or a
distance equal to one-half the sum of their heights,whichever is greater.
•
F. Minimum Floor Area of Principal Structure: 700 square feet gross floor
area for each building on the ground floor.
C. Maximum Lot Coverage: Standard Not Applicable.
H. Floor Area Ratio: Standard Not Applicable.
1. Off-Street Parking, Off:Street Loading: As required by LDC Division 2.3, as
may be amended.
J. Entry Drive Width: 24 foot minimum width for two-way driveway. 14 foot
minimum width for a one-way lane of a two-way median-enhanced driveway.
Minimum fire truck radius in parking lots shall be 25 feet inside radius and 45
feet outside radius,for a 20 foot travel way.
+LT
C11
1K. Landscaping: As required by LDC Division 2.4, as same may be amended,
except for the following: --
1. As to LDC Subsection 2.4.7.3.1.2;, provision applies as existed on
December 16, 2003, except that water management areas may be
located within the front yards, such that the landscaped buffer within
the front yard is limited to a maximum of 50%of is required width for
water management use and that non structural slopes shall not exceed
a slope of 4:1, unless planted with ground cover.
2. As to LDC Subsection 2.4,6.7., applies as existed on December 16,
2003, except that provision for building foundation planting areas for
tall buildings and buildings of 20,000 square feet or greater is waived,
- 5 -
Packet Page-668-
4/26/2016 16.A.19.
provided that the general provision for building foundation planting
areas, LDC Subsection 2.4.6.6, as it existed on December 16, 2003,
will be applicable to all buildings.
L. Site Access and Associated Required Improvements and Standards:
1. From Airport Road: a right-in/right-out located approximately 276 feet,
measured to the center line of the entry drive, south of the parcel's north
property line;served by a right-turn lane.
2. From Coach House Lane; a full access located approximately 501 feet west of
the parcel's east property line measured to the center of the 24 foot wide
entry drive; no left turn lane required. 10 foot wide left and right turn lanes
shall be provided from Coach House Lane to Airport Road.
3. From Poinciana School driveway: 50 foot radius at parcel access drive; no
right turn lane required. A right turn lanee shall be provided from Airport
Road to Poinciana School drive.
4. No compensating right-of-way is required for turn lanes or other right-of-
improvements.
M. Right-of-Way Sidewalks; A six-foot wide sidewalk shall be provided within
Coach House Lane Right-of-Way north of roadway pavement in lieu of a
sidewalk within Coach House Lane Right-of-Way south of roadway pavement.
This sidewalk shall extend westward to link to the proposed school sidewalk
( within the parcel's west property line landscape buffer.
N. Preservation Standards: The following standards substitute for LDC Section
3.9.5.5. through Section 3.9.6.6.6. The parcel supports 92,000 square feet of
existing native vegetation. The development of the parcel requires the developer
to provide created preserves in the,amount of 15% of this square footage, which
equals 13,800 square feet. The minimum dimension of created preserves shall be
10 feet and the minimum area shall be 100 square feet. Created preserves may be
located throughout the parcel including but not limited to dry water management 'n
areas and perimeter buffers. Created preserves shall be located a minimum<of 15 _—
feet from buildings. The minimum setback for trees within the created preserves Co
shall be.15 feet from buildings and accessory improvements such as parking areas Cn
and sidewalks and similar improvements. Created preserves shall include trees,
shrubs, and ground cover. The following minimum sizes and spacing of
egetation shall apply: One gallon ground cover, five gallon shrubs; 14 foot high
tines with a seven foot crown spread and dbh of three inches, 20 30 foot spacing
for trees with small canopy and 40 foot spacing for trees with a large canopy; five
foot on center for shrubs:and 3 foot on center for ground cover.
(Signatures found on last page)
-6-
Packet Page -669-
4/26/2016 16.A.19.
•
DORSET ASSOCIATES,LLC,
l a Flo 'da limited liability company /
/ - —
/
V
1/;..i , Date: ,"
trl'i f.. .-i ./ ae, ,
.r. . ..e -...-47.-t,..,..0),, , „
Dennis J. Lynch,Manager y. ,
,/
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1 ,*- . 0.:•"..r ',,, .. ..ft AN p
ATTEST: DWIGHT E. BROCK, Clerk By:
Attest * . filli-T.w p 1( •''ric .
BOARD OF COUNTY COMMISSIONERS signature;,oeliqfk,-- 4.- :
OF COLLIER COUNTY,FLORIDA .)
.'-'' otilciu•
41 . •
Date;
Donna Fi a,Chairman
Approved as to Form and
Legal Sufficiency:
0,
_....,,
-TA,. 4.,44. .....4,__
Date. 75
• •\,1
Patrick . bite
Assistant County Attorney
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Packet Page -670-
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ExHIBIT A
CONCEPTUAL MASTER PLAN •
•
DATE OF GRAPHIC: MARCH 26, 2004
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Packet Page -671-
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4 s
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
DENNIS J. LYNCH, as Trustee )
under a Trust Agreement Dated )
February 9, 1981, )
Plaintiff, )
)
vs. ) Case No. 92-1500 -CA-01--WLB
)
BOARD OF COUNTY COMMISSIONERS )
COLLIER COUNTY, FLORIDA, )
u:, r'
Defendant. ) c,. R
• :r w
a cy•n
STIPULATION ) c lit 71
-'' :'
a. •' -1
-4 te0
Plaintiff, Dennis J. Lynch, as Trustee pursuant" o`na Tist
c-
Agreement dated February 9, 1981, and Defendant, Board of County
Commissioners of Collier County, a political subdivision of the
State of Florida, by and through their respective attorneys
hereby stipulate to (1) the entry of an order by the Court which
approves a Settlement Agreement which has been agreed to by the
parties as set forth in Exhibit 1 attached hereto and made a part
hereof, and (2) the dismissal with prejudice of Counts 1, III,
and IV of the complaint filed in this action by Plaintiff against
Defendant. The form of order is attached hereto and made a part
hereof as Exhibit 2.
The execution of the Settlement Agreement and the entry of
the Order as set forth is expressly subject to and conditioned on
the adoption of a resolution by Defendant approving the
-1-
a
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�.�.___....__._ ...._.. 4/26/2016 16.A.19.
Settlement Agreement.
In the event Defendant does not adopt such.
resolution then Plaintiff will no longer be bound by the terms of
this stipulation and shall be free to withdraw therefrom and to
pursue the action in this case on counts I, III, and IV.
MERSHON, SAWYER, JOHNSTON,
DUNWODY & COLE
By:
Richard C. Gran , Esq.
Florida Bar No. 156041
Jeffrey D. Fridkin, Esq.
Florida Bar No. 0490245
Pelican Bay Corporate Centre
Suite 501
5551 Ridgewood Drive
Naples, Florida 33963
813/598-1055
Counsel for Plaintiff
C
eth B. Cuyler
County Attorney
Dav'd E B~ ant, Esq.
Assistant County Attorney
DEB/wbe/385
73 a w »\
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IN THE CIRCUIT COURT CF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
DENNIS J. LYNCH, as Trustee )
under a Trust Agreement Dated )
February 9, 1981, )
)
Plaintiff, )
)
vs. ) Case No. 92--1500-CA-OI-WLB
)
BOARD OF COUNTY COMMISSIONERS )
COLLIER COUNTY, FLORIDA, )
)
Defendant. )
)
SETTLEMENT AGREEMENT
This Settlement Agreement is made and entered into this
v.1 day of , 1994, by and between Dennis J. Lynch,
as Trustee, pursuant to--Ja 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
County") .
BACKGROUND STATEMENT
A. Lynch commenced action against Collier County by filing
a complaint (the "Complaint") in the within action setting forth
four (4) counts on which relief was sought against Collier
County; and
-1-
Exhibit I
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411 411
B. By order of the Court entered on May 10, 1993, the Court
granted summary judgment in favor of Lynch in respect to Count II
of the Complaint; and
C. The parties have agreed to resolve their differences in
this case and desire to set forth their agreement to that effect
in this Settlement Agreement.
NOW, THEREFORE, in consideration of the premises and the
agreements hereinafter set forth, Lynch and Collier County agree
as follows:
1. Collier County accepts the judgment entered by the Court
in respect to County ri of Plaintiff's complaint in this action
on 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
for exemption of the property owned by Lynch pursuant to the
provisions of section 2.4.2 of the Zoning Re-evaluation Ordinance
as adopted by Collier County under Ordinance 90-23. The
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 period or deadline exists with
-2-
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4 •
respect to the commencement of construction or completion of such
improvements as are shown on SDP 88-093.
3. The construction specified in SDP 88-093 is consistent
with the Future Land Use Element ("FLUE") contained within the
current Collier County Comprehensive Plan based upon Policy 5.10
thereof. Lynch, or any successor owner of the property which is
the subject of SDP 88-093, may propose and make changes to the
site development plan and/or may propose a new site development
plan and such changes and/or new site development plan will be
eligible for approval by Collier County so long as the intensity
of development permitted thereby is not increased over the
intensity of development provided for in SDP 88-093, subject to
the conditions set out herein and any other conditions which may
be required by the Zoning Code and/or Uniform Land Development
Code then in existence at the time of said development. It is
agreed that the intensity of development provided for by SDP
88-093 in respect to the proposed buildings delineated thereon is
104,000 square feet of commercial floor space. Any changes
proposed to SDP 88-093 and/ur any new site development plan may
include different uses, subject nevertheless to the restrictions
and provisions hereinafter set forth or required by the Zoning
Code and/or Uniform Land Development Code or any successor
thereto of Collier County.
-3-
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4/26/2016 16.A.19.
4. Development of the property and/or approval to any
amendment to SDP 88-093 and/or new site development plan must
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 approved. Any proposed changes to SDP 88-093 and/or new site
development plan proposed must conform to ail applicable Collier
County regulations, including the Zoning Code and/or Uniform Land
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
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
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
County regulations. The development intensity permitted on the
"out parcel" shall be in addition to the development intensity
permitted within the area specifically delineated for development
on SDP 88-093 as provided in section 3 above.
-4-
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• 4
I,
IN WITNESS WHEREOF, the parties have entered into this
Settlement Agreement as of the day and year first above written.
Signed, Sealed and Delivered
in the Presence of: • 1 /•
itne�l DENNIS J. LY • , Trust:e
� � /� under Trust �greement dated
(�dr-•
�-.� . (.3"a l//� February 9, 1981
Printed Name of Witness #1
756 Brentwood Point
•
r Naples, FL 33963
W ,+resS
( � Address
Printed Name of Witness #2
k AIL
79TLT;TE. : •Y , ESQUIRE
Assi tant County Attorney
3301 East Tamiami Trail
"r.___!. ,/ • I _ . s ♦ .!_411 Naples, Florida 33962
Witless #1 /• Phone: (813) 774-8400
'-7�
Florida Bar No. 179284
flizAAEzz} � .ay,lt 6/7
Printed Name of Witness #1 ATTORNEY FOR DEFENDANT,
BOARD OF COUNTY COMMISSIONERS
Witness #2
#44'10• , AftRi6N/
Printed Name of Witness #2
-5-
\
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•
I 410
STATE OF FLORIDA )
COUNTY OF COLLIER
I HEREBY CERTIFY that foregoin instrument was
acknowledged before me this _ q day of
by DENNIS J. LYNCH, as Trustee of Trust Agreement d ed February
.rte,•81, on behalf of said trust, who is personally known to be
, (No) or who produced
• ification. as
4 ,• / 4 ..
Not..r'r • e'ic, State tff Florida
Printed Name:_vut14•{•/: Wr ;a •-
My Commission Expires: '•�
'. •Y
961/wbo/383
JUDY H WRIGHT
NOTARY PUBLIC STATE OF
COMMISSION NO CQ07753
MY COMMISSION XP. Y 171996
i
—6—
Packet Page-679-
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
DENNIS J. LYNCH, as Trustee )
under a Trust Agreement Dated )
February 9, 1981, )
)
Plaintiff, )
)
vs. ) Case No. 92-1500-CA-01-WIZ
)
BOARD OF COUNTY CONNIBBIONERB )
COLLIER COUNTY, FLORIDA, )
)
Defendant. )
)
ORDER
This cause came on before the Court on the Stipulation of
Plaintiff and Defendant dated , 1994, and
the Court having considered the Stipulation and being otherwise
duly informed and advised, it is hereby
ORDERED AND ADJUDGED that the Settlement Agreement between
Plaintiff and Defendant as provided for in the stipulation is
hereby approved and Counts I, III, and IV of Plaintiff's
complaint in the within action are hereby dismissed with
prejudice.
Each party shall bear its own costs and attorney fees
incurred in this action.
-1-
Exhibit 2
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• •
DONE AND ORDERED IN Chambers in Naples, Collier County,
Florida this day of , 1994.
William L. Blackwell,
Circuit Judge
Copie- furnished to:
Kenneth B. Cuyler, Esq. , County Attorney
David E. Bryant, Esq. , Assistant county Attorney
Richard C. Grant, Esq. , Counsel for Plaintiff
Jeffrey D. Fridkin, Esq. , Counsel for Plaintiff
081/mbe/384
-2-
(
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