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Agenda 01/24/2017 Item #16A 2 EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC-PL20140000235, to vacate the 2.35-foot wide conservation easement as recorded in Official Record Book 4251, Pages 1007 through 1018, of the public records of Collier County, Florida, being a part of Tract M-1, Stella Maris, and approve an Amendment to the Settlement Agreement and General Release, dated June 26, 2007, as recorded in Official Record Book 4251, Pages 1019 through 1024. OBJECTIVE: To adopt a Resolution to vacate the 2.35-foot wide conservation easement as recorded in Official Record Book 4251, pages 1007 through 1018, of the public records of Collier County, Florida, located in Tract M-1, Stella Maris, as recorded in Plat Book 26, pages 26 through 27, of the public records of Collier County, Florida, and also being a part of Section 9, Township 52 South, Range 28 East, Collier County, Florida, being more specifically shown in Exhibit A; and to approve an Amendment to the Settlement Agreement and General Release, dated June 26, 2007, as recorded in Official Record Book 4251, Pages 1019 through 1024, to allow angled boat docks along the seawall in the Port of the Islands. CONSIDERATIONS: Petition VAC-PL20140000235 has been received by the Development Review Division, Growth Management Department, from Villages of Stella Maris Master Association, Inc., to vacate the 2.35-foot wide conservation easement as recorded in Official Record Book 4251, pages 1007 through 1018, of the public records of Collier County, Florida, located in Tract M-1, Stella Maris, as recorded in Plat Book 26, pages 26 through 27, of the public records of Collier County, Florida, and also being a part of Section 9, Township 52 South, Range 28 East, Collier County, Florida. The County was granted the subject conservation easement pursuant to the terms of a Settlement Agreement, dated June 26, 2007, between the County, the original property owner, POI Development, Inc., and the current property owner, Villages at Stella Maris Master Association, Inc. The County had originally approved a boat ramp for the subject property as part of the Stella Maris III site development plan in 2003, but subsequently rescinded its approval due to environmental concerns that the boat ramp approval conflicted with the intent of the Collier County Manatee Protection Plan (MPP) to limit the number of boats utilizing the Port of the Islands. However, the developer had already entered into numerous contracts for sale of the property based in part on the County’s approval of the boat ramp, so the parties entered into the Settlement Agreement to avoid potential litigation. As part of the Settlement Agreement, the developer agreed to grant the County a conservation easement over its seawall to ensure that no boats would dock alongside the seawall, in exchange for the County permitting the use of a private boat ramp that would service no more boats than could have docked alongside the seawall in a marginal wharf configuration, which County staff opined which was consistent with the intent of the MPP. A copy of the Executive Summary for the original Settlement Agreement is attached hereto. 16.A.2.d Packet Pg. 491 Attachment: First Amendment Settlement Agreement documents 2015 [Revision 1] (2504 : Stella Maris Second Settlement Agreement) The boat ramp was never constructed, and now the current owner would like to vacate the conservation easement to allow for construction of boat dock improvements in place of the previously contemplated boat ramp. County staff and the owner agree that the intent of the MPP will be preserved by allowing the construction of boat docks to accommodate a maximum of 39 boats, each no more than 22 feet in length, which is consistent with the maximum number and size of boats that would be permitted under a parallel marginal wharf configuration along the seawall. The MPP limits the docks in the Port of the Islands area to a marginal wharf configuration. The owner, however, would like to construct the docks in an angled, non-marginal wharf configuration. The intent of the requirement for the marginal wharf configuration in the MPP is to limit the number of boat slips in proportion to the length of available shoreline; there was no intent to limit protrusions into the waterway. As such, it does not matter whether the boats are parallel or angled, as long as there is a limit on the total number of boat slips. A non-marginal wharf configuration has also previously been approved in Port of the Islands for another nearby development, Sunrise Cay II, through BCC approval of Settlement Agreement ADA-2008-AR- 14059 (Agenda Item 17E, September 15, 2009 BCC Meeting). In the case of Sunrise Cay II, it was decided that the intent of the MPP could be met if the applicant and the County were willing to enter into a settlement agreement. The agreement limited the number of boat slips to no more than would be allowed by the application of the marginal wharf criteria, but in an alternate configuration. Therefore, the alternative non-marginal wharf docking configuration of Stella Maris will be treated in similar fashion to that of Sunrise Cay II by specifying a maximum number of boat slips. In order to vacate the conservation easement, the Settlement Agreement must be amended to remove the conservation easement requirement and update the terms of the Settlement Agreement to reflect the current proposal to allow the above mentioned non-marginal wharf boat dock improvements instead of the boat ramp. Moreover, the Amendment will provide that the County’s approval of the dock improvements will be contingent upon the owner obtaining all other applicable permits and approvals, including but not limited to a Site Development Plan Amendment and Boat Dock Extension. A copy of the Settlement Agreement is attached hereto. The Development Review Division has reviewed the vacation petition and found no reason for objection. Letters of no objection from abutting property owners have been received from all who responded. The Environmental Planning Section has reviewed the Settlement Agreement amendment and recommends approval. FISCAL IMPACT: Growth Management Department, Planning and Regulation staff has collected a $2,000 “Petition to Vacate” fee from the petitioner which covers the County’s cost of recording and processing the Petition. GROWTH MANAGEMENT IMPACT: The settlement agreement has been reviewed against Objective 10.1 and Policies 7.2.1 and 7.2.3 of the Conservation and Coastal Management Element within the Collier County Growth Management Plan and found to be in compliance 16.A.2.d Packet Pg. 492 Attachment: First Amendment Settlement Agreement documents 2015 [Revision 1] (2504 : Stella Maris Second Settlement Agreement) because the provisions of the Settlement Agreement amendment meet the intent of the County’s Manatee Protection Plan for this area. LEGAL CONSIDERATIONS: This request to vacate a conservation easement is consistent with the County’s vacation procedures under Resolution 2013-166, and Section 704.06(4), Florida Statutes, which states that “A conservation easement may be released by the holder of the easement to the holder of the fee even though the holder of the fee may not be a governmental body or a charitable corporation or trust.” This item has been approved as to form and legality and requires a majority vote for Board approval -- SAS RECOMMENDATION: That the Board of County Commissioners: 1) approves the attached Resolution, relating to Petition VAC-PL20140000235, which will vacate the County and public interest in the 2.35-foot wide conservation easement as recorded in Official Record Book 4251, Pages 1007 through 1018, of the public records of Collier County, Florida, being more specifically shown in Exhibit A; 2) approve an Amendment to the Settlement Agreement and General Release, dated June 26, 2007, as recorded in Official Record Book 4251, Pages 1019 through 1024; and 3) direct the Clerk to the Board to record a certified copy of the Resolution in the public records of Collier County, Florida Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division, Growth Management Department, Planning and Regulation Attachments: 1) Resolution w/exhibits, 2) Settlement Agreement Amendment, 3) Original Settlement Agreement 16A9, 4) Settlement Agreement Executive Summary, 5) Conservation Easement. 16.A.2.d Packet Pg. 493 Attachment: First Amendment Settlement Agreement documents 2015 [Revision 1] (2504 : Stella Maris Second Settlement Agreement) 16.A.2.d Packet Pg. 494 Attachment: First Amendment Settlement Agreement documents 2015 [Revision 1] (2504 : Stella Maris Second Settlement Agreement) 16.A.2.d Packet Pg. 495 Attachment: First Amendment Settlement Agreement documents 2015 [Revision 1] (2504 : Stella Maris Second Settlement Agreement) 16.A.2.d Packet Pg. 496 Attachment: First Amendment Settlement Agreement documents 2015 [Revision 1] (2504 : Stella Maris Second Settlement Agreement) 16.A.2.d Packet Pg. 497 Attachment: First Amendment Settlement Agreement documents 2015 [Revision 1] (2504 : Stella Maris Second Settlement Agreement) 16.A.2.d Packet Pg. 498 Attachment: First Amendment Settlement Agreement documents 2015 [Revision 1] (2504 : Stella Maris Second Settlement Agreement) 16.A.2.d Packet Pg. 499 Attachment: First Amendment Settlement Agreement documents 2015 [Revision 1] (2504 : Stella Maris Second Settlement Agreement) 16.A.2.d Packet Pg. 500 Attachment: First Amendment Settlement Agreement documents 2015 [Revision 1] (2504 : Stella Maris Second Settlement Agreement) 16.A.2.d Packet Pg. 501 Attachment: First Amendment Settlement Agreement documents 2015 [Revision 1] (2504 : Stella Maris Second Settlement Agreement) 16.A.2.d Packet Pg. 502 Attachment: First Amendment Settlement Agreement documents 2015 [Revision 1] (2504 : Stella Maris Second Settlement Agreement) 16.A.2.d Packet Pg. 503 Attachment: First Amendment Settlement Agreement documents 2015 [Revision 1] (2504 : Stella Maris Second Settlement Agreement) 164 g EXECUTIVE SUMMARY Recommendation to approve a Settlement Agreement between POI Development, Inc., Viltages at Stella Maris Master Association and Collier County regarding the construction of a private boat ramp to serve the Villages of Stella Maris OBJECTIVE; To have the Board of County Commissioners (BCC) approve a Settlement Agr*r""t b.fueen POI Development, lnc., Villages at Stella Maris Master Association and Ciltier County regarding the construction of a private boat ramp to serve the Villages of Stella Maris. CONSIDER.{TION; In July 2003, County staff approved SDP 2002-AR-3364 (Port of the ffiI)withl0spacesforboat/trailersandaprivateboatramp.Staffapproved the SDp but failed to check the SDP for compliance with the Manatee Protection Plan (MPP). Staff has applied the MPP in the Port of the lslands area to allow only a marginal wharf configuration for multi-family developments thus excluding any private boat ramps. (See the MpP-Requirements section below for further discussion.) As a result of the applicant attempting to obtain a U.S. Army Corps of Engineers permit, the U.S. Fish and Wildlife Service in early May 2005, two years atter approval of the original SDP, consulted with County statT for MPP consistency and was told by County staff that the proposed boat ramp was not consistent with the MPP. Once staff became aware of the boat-ramp issue, staff took the fol lowing act io ns: l. Placed a hold on any building permits to construct the boat ramp. County inspectors posted a notice on site to insure that the contractor did not begin any construction of the boat ramp' Z. Required the engineer of record to amend the SDP to be an accurate as-built drawing, renroving the boit ramp. Staff told the applicant in May 2005 to amend the SDP and offered to waive the review fee. 3. Intbrmed the owner that it was a violation of his SDP to allow it to satisfy boat parking requirements from a difTerent SDP. 4. Required the owner to submit an SDPI, amending the SDP to remove the boat ramp and include the marginal wharf that is permitted with the maximum boat slips that would fit along their shoreline, Staff agreed to waive review fees that would be required to remove the boat ramp from the documents. In August 2005, Environmental Services Department staff and staff from the County Attorney's office met with the Developer's attorney to discuss the issue in the context of a potential lawsuit. StafT is unaware of any further discussion of this matter until December, 2006 when a zoning letter request was received f'rom a realtor regarding the denial of construction of the boat ramp. The realtor was concerned that the Developer was continuing to assure prospective owners at sales meetings that the ramp will be constructcd and the purchasers were thrcatening a class action suit, Further meetings with the Developer in early 2007 lEd to the proposed Settlement Agreement. 16.A.2.e Packet Pg. 504 Attachment: Original Settlement Agreement documents 2007 (2504 : Stella Maris Second Settlement Agreement) 164 9 Manatee Protection Plan Requirem$nts Th, f,rllt"-t "f the MFF that addresses the Port of the lslands area is presented as Attachment l. Section 4.6.3 of the Manatee Protection Plan states that "multi-fhmily residential docks should be restricted by allowing only marginal wharves along the waterfront of multi-family areas with no finger piers of "T" docks allowed." Staff has applied this provision to exclude boat ramps within the-mutti-family area since boat ramps are not listed as an allowed t'acility' (The reference to the boat ramp in the 4.6.2 refers to the existing ramp at the commercial marina.) The effect of marginal wharves is to limit the number of boats to that which can be located in a parallel configuraiion along the waterfront of the multi-family areas. Thus boat traffic in this area is limited to the number of boats that can be moored parallel to these waterfront areas. County staff and the developer agree that the number of boats allowed along this area in a marginal wharf configuration would amount to 39 boats. Effect of the Settlement Asreement ff,e int*i of tne Settlement Agreement is to allow the construction of a boat ramp to service onty those boats that would otherwise be allowed in a marginal wharf configuration. In this fashion, the County contends that the amount of boat traffic in this area would be commensurate to that of a marginal wharf configuration for this location thus meeting the intent of the Manatee Protection Plan. The provisions of the Settlement Agreement that ensures the County adheres to the intent of the Manatee Protection Plan include: r The boat ramp shall be used solely by Condominium owners and residents and shall not be open to guests of owners; r No more than 39 registered boat owners will have launching privileges from the boat ramp in order to limit the number of boats that would be generated from a marginal wharf configuration fiom the adjacent seawall now owned or controlled by the Developer or its afTiliates: . The Developer shall impose a conservation easement acceptable to the County over the seawall that will prohibit the construction of boat slips or docks. FISCAL TMPAQT: By entering this Settlement Agreement, the County receives protection fr"* a"y "rti"* the developer may take against the County relating to this issue. GROWTH MANAGEMENT IM.PACT: This action is consistent with Conservation and Coastal Management Element Policy ?.2.1 since the provisions of this Settlement Agreement meet the intent of the County's Manatee Protection Plan for this area. LEGAL CONSIDERATIONS: This proposed Agreement was drafted and approved by the County Attorney's Office. -JAK RECOMMENDATION: That the BCC approve the attached Settlement Agreem€nt between @.,vi|lagesatStellaMarisMasterAssociationandCol|iercounty regarding the construction of a private boat ramp to serve the Villages of Stella Maris. pREPARED BY: William D. Lorenz Jr., P.E., Environmental Services Department Director 16.A.2.e Packet Pg. 505 Attachment: Original Settlement Agreement documents 2007 (2504 : Stella Maris Second Settlement Agreement) 164 Attachment I Manatee Protection Plan ExcerPts Port of the Islands 4.6 Port of the Islands port of the lslands and the Faka-Union Canal contains the highest concentration of manatees in Collier County especially during the winter season. Because of the high concentration of manatees present in this area special consideration must be given for this location. tncreased manatee awareness by both the resident and transient boaters is essential for protecting the manatees, The County should encourage the Port of the lslands Homeowners Association to adopt the following: 4.6.1 Port of the Islands should be required to include a manatee informational brochure in the closing documents of all real estate transactions on the waterfront. This brochure will include g.n.rul information on manatees and how to spot them along with details of the POI speed zones and the maximum fine of $500.00 for violating these zones. 4.6.2 pOI should incorporate a description of the speed zones and potential fines for violating these zones into the boat rental agreement to be signed by renters. Ramp users will also be required to sign a list stating they understand the speed zones and potential fines. 4.6.3 Shoreline devetopment within the manatee sanctuary at Port of the lslands will be restricted as follows: l. Single family residential docks should be restricted to one power boat slip per 100 feet of shoreline or increments thereof with one power boat slip allowed tbr single family property lots with less than 100 feet of shoreline. 2. Multi-family residential docks should be restricted by allowing only marginal wharves along the waterfront of multi-tamily areas with no finger piers of "'1" docks allowed. 3. The commercial marina should be restricted to the total 175 slips currently permifted. lf future demands exceed this number then additional slips may be permitted only after proving no further deleterious efTects to manatees have occurred subsequent to the adoption of this plan. 16.A.2.e Packet Pg. 506 Attachment: Original Settlement Agreement documents 2007 (2504 : Stella Maris Second Settlement Agreement) 40402?3 0R: 4251 PG: 100? tlc0tltD iu 0!tt$M RlcoRDs 0f c0tulr couxtl' ll' t6lzel2001 ai 0erlent DTIGUI I' lllrlir',t*t ,o,.uo D0c-.70 .70 Retn: coPIlS l2'oo cltil t0 rlt 80mD lil'lilr. r?r rL00r 1 6 A 9THIS NSTRUMENT PREFARED BY & KETURN TO: NAME: Andrew J. wozniak, Esg- IDD,RESS: Salvatori & Wood, P. L. 4001 Tamiami Trai-I N Suite 330 p,anc'Lt.p.Nryles' FL 34'l 03 sPAc t A qp vE rIII-slLlE roB.Lwqcryg-lAr4 CONSERVATION EASEMENT THIS CONSERVATION EASEMENT given this +e+$- day of May .-., ---J 20 oz ' by fName of Grantor] trOT .Derrel nFrmerlt , T nn. ,, ffi Derrar qrprnent .); as Grantor, whose address ls [address of Grantor] lf,Sft Jvlyrtl.re' L; to Collier County, Florida, a political (hereinafter "Collier County" or "Grantee'J. be collectively referred to as the "parties." of the State of Florida Grantor and Grantee may hereafter WHEREAS, [Grantorl Por Development is the owner of that certain tract of land located in Collier Coudb, Florida described in Exhibit "A" linclude a Plat Book and Page reference in Exhibit "A"] attached hereto (hereinafter refened to as the "property'J; and WHEREAS, Collier County is requiring that this Conservation Easement (,Easement") be entered into and recorded in the land records of Collier County to bind [Grantor] Por Development .; and WHEREAS, the parties wish to establish their respective rights and responsibilities relative to the use and maintenance of the conservation area described in the attached Composite Exhibit"B" (the Easement Property). NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to Collier CountY as follows: 1. [Grantor]. POr Development , ib successors, heirs, assigns indlor trinsferees, hereby grants a non-exclusive easement to Collier Couity over and across the propefi described as Erhibit "B" for the purpose of conservation. Collier County shall have no responsibility for maintenance of the conservation easement. Revised L1lL4/05 16.A.2.e Packet Pg. 507 Attachment: Original Settlement Agreement documents 2007 (2504 : Stella Maris Second Settlement Agreement) 0R: 4251 PG: 1008 -tl IbA Z. No buildings, structures or impediments of any nature may be constructed, placed or permitted on, ovei or across the Easement Property. No dumping or placing of soil or other substances such as trash or unsightly or offensive materials shall be permitted on the Easement property. There shall be no removal or destruction of trees, shrubs or other u"jJtrtion witn tne exception of exotic/nuisance vegetation removal. Excavation, dredging or-removal of soil material, peat, rock or other material substance in such a manner as to affect the surface shall be prohibited on the Easement Property. No dikes or.fencing shall be permitted on the Easement Property. There shall be no other activities detrimental to drainage, flood control, water conservation, erosion control or fish and witdlife habitat conservation or preservation permitted on the Easement Property. The Easement Property shall be in no way altered from its natural or permitted state. Activities necessary and immediately incidental to the use of the boat ramp, including but not limited to temporary tying or securing oJ watercraft incidental to use of the boat rarip, shall be allowed within the easement area. Docking or mooring, either temporary or permanent, of watercraft, and installation of equipment used to secure watercrafi, including but not limited to cleats, davits, and the like, shall be prohibited in the ea$emenr area, except for one (1) slip established exclusively for loading and unloading of boats authorized to use the boat ramp' 3. [Grantor] POI Development, its heirs, successors or assigns shall bear the responsibility for maintaining the Easement Property, including, but not limited to, regular maintenance as may be required by any governmental agency having jurisdiction relative thereto, The Easement Property shall at all times be maintained in accordance with applicable requirements of the Collier County Land Development Code. 4. No right of access by the general public to any part of the Easement Property is being conveyed. Collier County shall have the right to access and use of the Easement property for the purpose of making inspections; however, Collier County shall have no obligatibn to maintain the Easement Property, nor shall Gollier County have the right to use the Easement Property for any purpose inconsistent with the terms of this Conservation Easement. S. Grantor reserves atl rights as owner of the Easement Property, including the right to engage in uses of the Easement Property that are not prohibited herein and which are not inc-oniistent with any County ordinance, regulation or development permit, and the intent and purposes of this Conservation Easement. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the property. 7. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the propertY. A. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor in interest. 9 16.A.2.e Packet Pg. 508 Attachment: Original Settlement Agreement documents 2007 (2504 : Stella Maris Second Settlement Agreement) 0R:4251 PG:1009 16A 9. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, successors or assigns, which shall be filed in the public records of Collier County. 10. This Conservation Easement shall run with the land and shall be binding upon and inure to the benefit of all present and future owners of any portion of the property and their successors and/or assigns, it being the intention of the Grantor that this Conseruation Easement be perpetual, 11. If any provisions of the Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conseruation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. t2. Enforcement of the terms, provisions and restrictions of this Conseruation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 13, The terms and conditions of this Conservation Easement may be enforced by the Grantee by injunctive relief and other appropriate available remedies, and Grantor consents that venue of such enforcement actions shall lie exclusively in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. In any enforcement action in which the Grantee prevails, Grantee shall be entitled to recover reasonable attorney's fees and costs in the trial and appellate courts in addition to the cost of restoring the land to the natural vegetative and hydrologic condition existing at the time of execution of this Conseruation Easement or to the natural vegetative state required for a development permit. These remedies are in addition to any other remedy, fine or penalty, which may be applicable under Chapters 373 and 403, Florida Statutes. IN WITNESS WHEREOF, Grantor has hereunder set its hand and seal the day and year first above written, in the oresence of:r ---'-^t'?E' Mgry{' lr{c' 9 Sign, sealed and delivered prlnteO N3ms; JODI LJIAJYES Revised 10/14/05 16.A.2.e Packet Pg. 509 Attachment: Original Settlement Agreement documents 2007 (2504 : Stella Maris Second Settlement Agreement) 0R: {251 PG: 1010 l6H g STATE OF FLORIDA ) couNTY oF COLLIER ) The foregoing instrument was subscribed, sworn and acknowledged before rhis 'l)lb dav of l.-lar-r- ZO-QZ- byme tnir 'l\1'b . . day of _blar-k 20pL -i-^a- A aC Crz '-, bY Grantor, .\ Grantor, as [title] Urf r PnAtdott and who is.{<l perconally as identification. lc{nXd(x"''r^ NOTARY PUBLIC Printed Name: {ODI LHANES My Commission Expires: .rcdl$ES MY CoilMls$oN t DD226@5 EXPIF€S:JulY l' 2$7 tsdd.d 1lm NntY PUU't Utlddrtlao known to me or [ ] who pioduced Revised L0ll4l0s 16.A.2.e Packet Pg. 510 Attachment: Original Settlement Agreement documents 2007 (2504 : Stella Maris Second Settlement Agreement) Acceptance bY Grantee: ATTEST: !! ,.. DWTGHS\E. AHgcx, clerk Approved as to form and legal sufficiency: 0R:4251 PG:1011 164 g BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOR]DA $ t"in$t'.tt'* otz i t nt County Attorney 16.A.2.e Packet Pg. 511 Attachment: Original Settlement Agreement documents 2007 (2504 : Stella Maris Second Settlement Agreement) 0R: 4251 PG: 1012 tltt\nti Ibn Y'l PORTELLA & ASSOCIATES, LLC Land Surveyors Dennis M Porterra, sr' PLS PH9ff::133:llrflll Hlli,1t33X,i"?i; Email:Dportella@aol.com Naples, Florida, 34112 JUNE 1T,2OO7 EXHIBIT "A': Parent Parcel Tract M-1, Stella Maris , according to the plat thereof, as recorded in Plat Book 26, Pages 26'27 ot the Public Records of Collier County, Florida' Not vdid.unless sigrred,aniJ sealed with a raised embossed Florida Registered Land Surveyors' seal. lA_ 16.A.2.e Packet Pg. 512 Attachment: Original Settlement Agreement documents 2007 (2504 : Stella Maris Second Settlement Agreement) PORTELLA & ASSOCIATES, LLC Land Surveyors PHONE: 239-7756511 FAX: 239-775€465 Email: Dportella@aol.com APRIL 3O,2OO7 1.6 i\0R: 4251 PG: 1013 MAILING ADDRESS: 2384 Linwood Avenue Naples, Florida, 3/J12 EXf{rBlT qI ti Dennis M. Portella, Sr. PLS EXIIIBIT "B' A PARCEL OF I-AND LYING AND BEING IN TRACT M.l, STELLA MARIS, AS RECORDED IN PLAT BOOK 26, PAGES 26 AND 27 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICUTARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF TRACT M.1, STELI.A MARIS, AS RECORDED IN PTAT BOOK 26, PAGES 26 AND 27 OF THE PUBLIC RECORDS OF COLLIER COUN11, FLORIDA; THENCE ALONG THE PROJECTED EASTERLY LINE OF SAID TRACT M' 1, RUN b 00"19'08" \N, A DlsrANcE oF 0.60 FEET To rHE WATERSIDE FACE oF AN rXtSfrnC (1.35 FOOT WIDE) CONCRETE SEAWALL; THENCE WESTERLY, ALONG THE WATERSIoE rncE oF SAID CoNCRETE SEAWALL, N 89O41'15" W, A DISTANCE OF 61.76 FEET TO THE pOtNT OF B-EGlNNtNg OF A 2.35 FOOT WIDE CONSERVATION EASEMENT HERETN DESCRTBED; THENCE CONTINUE N 89'41'15" \N, A DISTANCE OF 568.44 FEET TO THE SOUTHWEST CORNER OF SAID CONCRETE SEAWALL; THENCE NORTHERLY, CONTINUING ALONG THE WATERSIDE FACE OF SAID CONCRETE SEAWALL, N 00"16'22" E, A DISTANCE OF 343.61 FEET TO A POINT THAT INTERSECTS WITH THE PROJECTION OF THE NORTH LINE OF SAID TRACT M.1, STELLA MARIS; THENCE EASTERLY, ALONG SAID PROJECTED NORTH LINE OF TRACT M-1, STELI-A MARIS, N 85"49'58" E, A DISTANCE OF 2.36 FEET TO A POINT BEING 1 FOOT EASTERLY OF THE IANDWARD SIDE OF SAID CONCRETE SEAWALL; THENCE SOUTHERLY, S 00"16'22" W, A DISTANCE OF 341.44 FEET; THENcE EASTERLY, N 89.41.15" E, A DISTANCE OF 566.09 FEET; THENCE SOUTHERLY, S 00"18'45" W, A DISTANCE OF 2.35 FEET TO THE PO-INT OF BEgINNING. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. CONTAINING O.O5 ACRES, MORE OR LESS. BEARING CONFORM TO THE EAST LINE OF TRACT M.1, STELLA ilI,ARIS, BEING S 00"19'08" W, PER PLAT IN PLAT BOOK 26, PAGE 26 AND 27. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 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L9'ftt IVNVS e M J J LJ.| F (/) t F, ls I t^.tlz l=ls F r> : a I () trjz = :r OF- 16.A.2.e Packet Pg. 517 Attachment: Original Settlement Agreement documents 2007 (2504 : Stella Maris Second Settlement Agreement) tt* 0R' {251 PG: 1018 ttt+Io-P*rt:iRI l; uE H{EEr&i !rH itHnIEItv,HIHJtFlE(, $ t!o -{ F l4l L&J -a LrJEf(nEozfom s, s) .l l.l_o l-o'r l.!'l llrJzlz=13 -l-()to FIF<l<>l> I 164 93Nl'1 HCIVn,.8.,*.8. 3Nl1 HCIVn IVNV3 NOINN V)VJ ,Vt'LVt ,tl ,3ZS|.OO S 3n3SV3 I.OUV U:lsNoc . ]-TVil-V3S 'ChlOC JO 3CVJ ,19'f?g 3 ,3z,9l.oo N I 9 E. J J trJ Ftn I \I,\ q 3l =* E\ E iol , Ol .j - =lt blEtt l-e\E U. ,lF IE3 '2 I r-r.r I 6 tJ) bt $rf) @ z 1 16.A.2.e Packet Pg. 518 Attachment: Original Settlement Agreement documents 2007 (2504 : Stella Maris Second Settlement Agreement) [etn I cnil l0 T$ EornD ufinoilIcl llfl l[00R rn 7zl0 4040274 0R: 4251 PG: 1019 mc,il nBc0RDlD in the 0lllcill RIc0[Ds ot col,tllR coutfl, trI, coptt$ 0612912001 at 09rl9ll{ DIIGSI l, 8ROCtr, Clffi[ t2. t0 6.00 SETTLEMENT AGREEMENT AND GENERAL RELEASE 164 9 THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this i1 of tr ^o,2007,by and between POI Development, Inc., a Florida Corporation (the "Developef), Villages at Stella Maris Master Association, Inc., a Florida not-for-profit corporation ("Master Association"), and Collier County, Florida, a political subdivision of the State of Florida (the "County"). WHnRtrAS Developer is the developer of the premises described as Exhibit A attached hereto (hereinafter referred to as the "Development") located at the Port of the lslands within the unincorporated area of Collier County, Florida, within which Developer is building a residential subdivision known as the "Villages at Stella Maris;" and WHEREAS the Developer's site development plan for the Stella Maris III (the "Condominium"), which included a boat ramp. was approved by the County on July 2,2003; and WHEREAS Developer entered into numerous contracts of sale for the Development based in part on the approval by the County that the Development would have a boat ramp; and WHEREAS Collier County rescinded its approval for the boat ramp; and WIIEREAS the loss of the Boat Ramp may lead to purchasers rescinding their purchase agreements with Developer; and WHEREAS both parties agree that the intent of the Collier County Manatee Protection Plan is to limit the number of boats utilizing the Port of the Islands; and WHEREAS, to effectuate this intent, Developer is willing to grant the County a conservation easement over its seawall so that no boats will dock alongside the seawall, in exchange for the County permitting the use of a boat ramp that would service no more vessels that could have docked alongside the seawall in a marginal wharf configuration; and WHEREAS the County agrees that the presence of a boat ramp will not endanger the manatees provided that the number of boats using the boat ramp does not exceed the number of boats that could be docked alongside the seawall in a marginal wharf configuration ; and WHEREAS the Developer has agreed that there will be no public access to this boat riunp, whose use shall be solely for the benefit of the residents of the Development; and WHEREAS the Site Development Plan provides parking spaces for ten (10) boat trailers; and WHEREAS the Developer and the County recognize that the rescission of these purchase agreements by Developer's buyers could lead to litigation between the parties and/or the purchasers, and that the costs and uncertainties of litigation and the unique facts and Prolaw: 79069 16.A.2.e Packet Pg. 519 Attachment: Original Settlement Agreement documents 2007 (2504 : Stella Maris Second Settlement Agreement) 0R: 4251 PG: 1020 164 9 circumstances surrounding this matter and have agreed to settle any and all of the Developer's claims and any and all other claims, known and unknown between the parties; NOW, THEREFORE, in consideration of the foregoing premises and the following mutual promises (the receipt and sufficiency of such consideration being acknowledged by all parties), the parties agree as follows: l. Recitals. The foregoing recitals are true and correct and are incorporated herein by reference. Z. Denial of Liability. No party is admitting wrongdoing, fault, or liability of any nature by entering into this Agreement' 3. Attornevq' ,Fees. All parties shall pay their own attorneys' fees and costs associated with this matter. 4, Release of All Ql4ims as Agaiust the County- Except for any breach of this Settlement Agreement, the Developer, hereby releases, acquits, satisfies, and forever discharges the County, (including any and all employees, officers, directors, heirs, successors, assigns, legal representatives, attorneys and agents of the County) of and from any and all, and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, which the Developer ever had, now hasn or which any personal representative, successor, heir or assign of the Developer, hereafter can, shall or may have involving or relating to the boat ramp, for, upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of this Agreement. 5. Release of All Claims as Againstlhe Developer. Except for any breach of this Agreement, the County, hereby releases, acquits, satisfies, and forever discharges the Developer, (including any and all employees, officers, directors, heirs, successors, assigns, legal representatives, attomeys and agents of the Developer) ofand from any and all, and all manner ofaction and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, which the County ever had, now has, or which any personal repre sentative, successor, heir or assign of the County, hereafter can, shall or may have involving or relating to the boat ramp, against the Developer, for, upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of this Agreement. 6. Poat Ramp. The County agrees to approve the boat ramp as specified in the site development plan and to issue permits for construction of the same upon Prolaw:79069 16.A.2.e Packet Pg. 520 Attachment: Original Settlement Agreement documents 2007 (2504 : Stella Maris Second Settlement Agreement) 0R:4251 PGr 1021 tatfr tbA application by Developer, and receipt of all required agency permits. The County fu.ther agrees to communicate its approval to the U. S. Fish and Wildlife Service and any other applicable governmental agencies within seven (7) days of the date of this Agreement. The Developer agrees that the boat ramp shall be used solely by Condominium owners and residents and shall not be open to the public or guests of owners. Further, only boats owned by a condominium owner or resident may use the ramp. The County and Developer agree that a marginal wharf configuration for Stella Maris III could yield a maximum of 39 boats not bigger than twenty-two foot overall length. The approved site plan limits on site storage to no more that 10 boats and trailers. Based on these limitations, the Developer agrees to identify and register with the County no more than 39 boats with a maximum overall tength of 22 feet. Ten of those 39 registered boats may be stored on site in the boat trailer parking lot The 39 registered boats shall be the only boats to have launching privileges from the boat ramp. The registration system shall include a list of boats, registration numbers and owner's contact information. All registered boats shall have an identification decal permanently affixed to the transom of the boat. Developer does not presume that either this Agreement or the Site Development Plan provides for a one-for-one boat to condominium unit relationship. If the provisions of this paragraph are not adhered to by either the Developer or the Master Association, then the County shall have the express right to close the boat ramp until such time as Master Association acts in compliance hereof, The Master Association agrees that it shaLl strictly enforce the restrictions contained in this paragraph' Cons-el.ation Easement. Developer shall impose as a conservation easement acceptable to the County over the seawall depicted in the sketch attached hereto as Exhibit A, providing in pertinent part that no boat slips or docks shall be constructed thereon. Developer shall cause said conservation easement to be recorded within three (3) business days of County fully performing all of its obligations under the provisions ofParagraph 6 hereof. Executig$ of Other Documsgts. The parties agree that they will execute any other documents as are necessary to effectuate or to carry out the intent of this Agreement. Gpv,erning Law and.Yenue. This Agreement and all other documents executed in connection with this Agreement shall be govemed by and interpreted under Florida law. The sole and exclusive venue for any litigation between the parties arising out of or related to this Agreement or any documents executed in connection with this Agreement shall be in the Circuit Court in and for Collier County, Florida. The Settlement Agreement is the joint product of the Developer and the County and shall not be construed against either party as the drafter. E-4forceability. In the event that any provision of this Settlement Agreement is found to be void or unenforceable by a court of competent jurisdiction, the remaining provisions, in whole or in part, shall continue to be enforceable to the 7. 8. 9, 10, Prolaw:79069 16.A.2.e Packet Pg. 521 Attachment: Original Settlement Agreement documents 2007 (2504 : Stella Maris Second Settlement Agreement) ORr 4251 PG: I|,22 1f11 ICITI greatest extent allowed by law and to the same extent as if the void or unenforceable provision were omitted from this Agreement. Entire Settlemgnt Agreement. This Agreement contains the entire agreement between the parties and all prior or contemporaneous negotiations or representations are merged into this Settlement Agreement. This Settlement Agreement may not be amended or modified except in a written document signed by the parties. Executio-rl. Developer shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. Developer shall pay all costs of recording this Agreement. The County shall provide a copy of the recorded document to the Developer upon request. Review. Developer and Master Association will grant County, on request, access to the Development to conduct periodic reviews and audits of performance under this Agreement as may be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Agreement. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, the Agreement may be revoked or unilaterally modified by the County, A,pplicability. This Agreement shall be binding on Developer's successors, heirs, and assigns. Further, this Agreement shall be binding on the Condominium Association's successors, heirs, and assi gns. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW 9 il. t?. 13. t4. Prolaw: 79069 16.A.2.e Packet Pg. 522 Attachment: Original Settlement Agreement documents 2007 (2504 : Stella Maris Second Settlement Agreement) rlt ll IbA IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate oflicialp, as of the date first above written. Attest:BOARD OF COI.]NTY COMMISSIONERS COLLIER COUNTY, FLORIDADWI AS TO DEVELOPER: (corporate seal) POI DEVELOPMENT. INC.. a Florida STATE OF FLORIDA COLINTY OF COLLIER The foregoing instrument was acknowledged before me this lJ t" , day of 70a7,by Kari Colson, as Vice-President of POI DEV MENT, INC., who is personally known to me or has produced WITNESS my hand and official seal this /,7th 0R: 4251 PG: 1023 2007 9 NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Villages at Stella Maris Master Association, Klatzk Prolaw: 79069 16.A.2.e Packet Pg. 523 Attachment: Original Settlement Agreement documents 2007 (2504 : Stella Maris Second Settlement Agreement) s:Gt+F7)$ *nTg;s nl FE -:5gaJ IrF*IEEBvtbvtblItv,gI3.fictI on: 4251 ro4oz$**r?)oI't'jC)(no{I=gE=1lr,l-ntrd 'o(odv;sI*sl i/rl Tb:;iF;f;8 (,=zz(, IrJ6 -io J z c) ii ti qt(o ra) - eUIa ral It -'bo o Jilqt f, .2u.9100 s I I I;lFi.1 E \i hl:frlE@lzl I I I IIurl I'*l I Io t-(J u Fa 'or o F.E ]n E )f- I {=I lrl Fo - IrO iol @ z ra!fa .9C'Zrc . rg'crc Z ]VNVC NOINN VXVI 16.A.2.e Packet Pg. 524 Attachment: Original Settlement Agreement documents 2007 (2504 : Stella Maris Second Settlement Agreement)