Agenda 10/27/2015 Item #16A15 10/27/2015 16.A.15.
EXECUTIVE SUMMARY
Recommendation to approve a Memorandum of Settlement and Agreement with the Pelican Marsh
Community Development District (District) accepting the transfer of property to Collier County with the
assumption of maintenance responsibilities for the south wall and the landscaping and irrigation system
located thereon; and the final disposition of code enforcement cases against the District.
OBJECTIVE: To obtain the Board of County Commissioners' approval of an agreement which would result in
the transfer of real property to Collier County, the assumption by the County of maintenance responsibilities for
the improvements located on said real property, and the settlement of two outstanding Code Enforcement cases.
CONSIDERATIONS: The conveyance of the south right-of-way for Vanderbilt Beach Road between US-41
and Goodlette-Frank Road from WCI to Collier County actually severed a portion of the Pelican Marsh PUD
from its larger parent tract (being all of that portion of the Pelican Marsh PUD lying south of Vanderbilt Beach
Road.) This land is located south of Vanderbilt Beach Road and north of Hickory Road and not really a part of
the Pelican Marsh community. The property was improved with landscaping and a decorative wall during the
development of Pelican Marsh. A formal landscape agreement was never memorialized with the original
developer, WCI. The wall and the landscaping meanders in and out of the existing right of way and has been
historically maintained by the original developer and subsequently the District.
Over the last several years, a portion of the wall fell into disrepair and the County initiated a code enforcement
case against the District. In response, the District requested a dispute resolution meeting with the County in an
effort to settle the dispute before the case moved forward to circuit court. A meeting was held on October 23,
2014 to discuss settlement options. During the dispute resolution conference, the parties agreed that the property
provides no direct benefit to the District but does have a future potential benefit to the County. The subject
property would provide the additional right-of-way required to accommodate new travel lanes and stormwater
retention and treatment, when it becomes necessary to expand Vanderbilt Beach Road between Tamiami Trail
and Goodlette-Frank Road or initiate intersection improvements. The acquisition also eliminates an opportunity
for a future entity to develop the property.
Through ongoing discussions,the parties developed a proposed settlement with the following salient terms:
• The District will convey three parcels totaling approximately 13.2 acres, at no cost to the County.
• The County will assume the future maintenance responsibilities associated with the property.
• The District and the County will share the costs associated with the wall repairs($5,680).
• Code enforcement actions against the District with respect to the wall will be settled.
This settlement obviates the need for the Community Development District to file a lawsuit with the circuit
court seeking a declaratory judgment from the judiciary as referenced in the resolution adopted by the District
on July 14, 2014 (Resolution No. 2014-13).
FISCAL IMPACT: The fiscal impact associated with this recommendation consists of the cost to maintain all
improvements, structures and landscaping on the property south of Vanderbilt Beach Road (estimated at
$57,000 annually) along with half of the one-time expense (estimated at $2,840) to repair the two broken
segments of the wall south of Vanderbilt Beach Road.
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LEGAL CONSIDERATIONS: This item has been reviewed by the County attorney, is approved as to form
and legality, and requires a majority vote for Board approval. -JAK
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
Executive Summary.
RECOMMENDATION: That the Board of County Commissioners of Collier County:
1. Approve this recommendation and authorize its chairman to execute same on behalf of the Board; and
2. Authorize the County Manager or his designee to record the Memorandum of Settlement and Agreement in
the public records.
Prepared by: Kevin Hendricks,Right-of-Way Acquisition Manager, GMD Transportation Engineering
Attachments:
l)Memorandum of Settlement and Agreement(re: Vanderbilt Beach Road Wall/Fence)
2)Property Location Map("Aerial Photo Showing All Three Transfer Parcels")
3)Exhibit A
4)Exhibit B
5)June 29, 2014 Letter to Leo Ochs from Neil Dorrill with PMCDD Resolution No. 2014-13 as attachment.
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.15.
Item Summary: Recommendation to approve a Memorandum of Settlement and
Agreement with the Pelican Marsh Community Development District (District) accepting the
transfer of property to Collier County with the assumption of maintenance responsibilities for
the south wall and the landscaping and irrigation system located thereon; and the final
disposition of code enforcement cases against the District.
Meeting Date: 10/27/2015
Prepared By
Name: LynchDiane
Title: Supervisor-Operations, Road Maintenance
10/19/2015 9:23:34 AM
Approved By
Name: MarcellaJeanne
Title:Executive Secretary, Transportation Administration
Date: 10/19/2015 10:34:01 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/19/2015 11:18:57 AM
Name: IsacksonMark
Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget
Date: 10/19/2015 2:28:26 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 10/19/2015 4:48:53 PM
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10/27/2015 16.A.15.
PROJECT: 99999 Miscellaneous
PARCEL No: 335FEE Pelican Marsh CDD
FOLIO No(s): Portions of 66679306551 and 66679400606 •
MEMORANDUM OF SETTLEMENT AND AGREEMENT
re: Vanderbilt Beach Road Fence/Wall
THIS Memorandum of Settlement and Agreement (hereinafter variously referred to as
"Memorandum" or "Agreement" as the context requires) is made and entered into on this
day of ' , 2015, by and between PELICAN MARSH
COMMUNITY DEVELOPMENT DISTRICT, a community development district established
and created pursuant to Chapter 190 F.S., whose mailing address is do W. Neil Dorrill,
Manager, 5672 Strand Court, Naples, Florida (hereinafter referred to as "District"), and
COLLIER COUNTY, a political subdivision of the Stale of Florida, whose mailing address is
3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida
34112 (hereinafter referred to as"County").
WHEREAS, District and County are currently engaged in conflict resolution processes
pursuant to Chapter 164, Florida Statutes, the Florida Governmental Conflict Resolution
Act ("Act"), in an effort to resolve disputes between District and County as to ownership,
operation arid maintenance of certain concrete fence(s)/wall(s), including the County-
owned concrete fence/wall ("Fence/Wail") located within and South of the County owned
right-of-way of Vanderbilt Beach Road ("VBR") between U.S. 41 and Goodlette-Frank
Road; and
WHEREAS, District detailed the dispute (the "Dispute") in its Resolution No. 2014-13
and initiated the conflict resolution processes outlined in the Act by the adoption of its
Resolution No. 2014-13 and delivery to County of District's July 29, 2014 notice to the
County; and
WHEREAS, representatives of the parties have met, conducted a duly noticed conflict
assessment meeting, discussed, communicated and negotiated in good faith in an
attempt to obtain a resolution of the Dispute in a fashion that would recognize the rights
of the parties and obtain a resolution of the Dispute; and
WHEREAS, during the course of said discussions, meetings and negotiations, the
representatives of the parties have come to a better understanding of the concerns and
needs of the other parties; and
WHEREAS, the representatives of the parties have crafted a resolution of the
outstanding issues outlined in the Dispute and propose and recommend that the governing
boards of the parties enter into this Memorandum on behalf of the parties to resolve and
memorialize the resolution of the Dispute; and
Revised: 10-14-2015 -1
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WHEREAS, the District and County recognize the benefit to District and County of
the conveyance of the lands described on EXHIBIT "A" (hereinafter collectively referred to
as the "Property") to the County, for the stated purposes, on the terms and conditions set
forth herein, said terms including that no additional compensation shall be due and
payable for the Property.
WITNESSETH:
NOW, THEREFORE, in consideration of the premises set forth herein, the
obligations,terms, conditions and covenants contained herein, the resolution of the Dispute,
the sum of.Ten Dollars ($10.00), and other good and valuable consideration, receipt of
which is acknowledged by the parties, the parties hereby agree as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits referenced
herein are made a part of this Memorandum/Agreement.
2. Within thirty (30) days from the Effective Date of this Memorandum/Agreement,
District shall convey to County, by Quit-Claim Deed, as-is, where-is, in a form acceptable to
County, that certain real property described in Exhibit "A", together with associated
improvements (the "Property").
3. District shall reimburse County for one-haft of the actual cost, with the actual cost
not to exceed Five Thousand Six Hundred Eighty Dollars ($5,680.00), to repair the
concrete fence/wall at the locations depicted on the attached Exhibit "B", said
reimbursement to be made within twenty (20) days of the County submitting a proper
detailed invoice to the District and evidence of payment for such repairs.
4. Within thirty (30) days of County acquiring title to and possession of the Property,
. the parties shall execute and deliver to the South Florida Water Management District
("SFWMD") the necessary documents and application(s) to transfer the operating permits
under SFWMD Permit(s) and Application(s) #11-01121-S, 959522-4, 970703-2, relating to
the lakes, ponds and surface water management facilities on the Property in order to
make County a co-permitee under SFWMD Permit Application(s) #959522-4, 970703-2.
5. After acquiring title to and possession of the Property, County shall be solely
responsible for the operation and maintenance of the Property and shall continue to be
solely responsible for the operation and maintenance of VBR and responsible for all costs
and expenses associated with the operation and maintenance of VBR, the Property and all
improvements, structures and landscaping located in and on VBR and the Property.
•
Revised: 10-14-2015 -2
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6. The execution of this Memorandum/Agreement by County constitutes a full and
final disposition and resolution of all matters concerning, relating to or outlined in: A.
County Code Enforcement Case Number CEAU20110016937; B. County Code
Enforcement Case Number CEROW20110016937; C. any Notice(s) of Violation in Code
Enforcement Case Number CEAU20110016937 and CEROW20110016937; D. 12-CED-
00674; E. 12-TRM-00096; F. County Right Of Way Permit#5988; and, G. 13-CEB-00112;
as well as all other matters involving any concrete fence/wall in, on or adjacent to VBR ,
or in, or on the Property that could have been asserted against the District by the
County. At the time of delivery of the aforesaid Quit-Claim Deed, the County shall
cease, terminate, end and close out all code enforcement cases as to the District
concerning or relating to any concrete fence/wall in, on or adjacent to VBR or in,or on
the Property and place an executed copy of this Memorandum in each of the aforesaid
files/ cases.
7. This Memorandum has been approved by the respective governing boards of each
of the parties at duly noticed public meetings.
8. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, personal
representatives, successors, successor trustees, and/or assignees, whenever the context
so requires or admits.
9. Conveyance of the Property by District is contingent upon no other provisions,
conditions, or premises other than those so stated above; and this written
Memorandum/Agreement, including all exhibits attached hereto, shall constitute the entire
Memorandum/Agreement and understanding of the parties, and there are no other prior
or contemporaneous written or oral agreements, undertakings, promises, warranties, or
covenants not contained herein.
10. This Memorandum/Agreement is governed and construed in accordance with the
laws of the State of Florida.
11. The Effective Date of this Memorandum/Agreement shall be the date last signed by
all the parties hereto.
[BALANCE OF PAGE INTENTIONALLY BLANK]
Revised: 10-14-2015 -3
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above
written.
AS TO COUNTY:
DATED:
ATTEST:
BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA ,
BY:
Deputy Clerk TIM NANCE, Chairman
Approved as to form and legality:
Jeffrey Klatzkow, County Attorney
AS TO DISTRICT:
DATED: DC7f MI 2.0 1.1
PELICAN MARSH COMMUNITY
WITNESSED: DEVELOPMENT DISTRICT
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STATE OF -HOYi lit a
COUNTY OF Cot (-cV
The foregoing MEMORANDUM OF SETTLEMENT AND AGREEMENT was acknowledged before
me this I1.44N day of nr,folce,e , 20 15, by Frank Garofalo as Chairman of the Pelican Marsh
Community Development District, who:
is personally known to me
OR
produced as proof of identity.
(affix notarial seal) ,41- ,C
(Signature of Notary Public)
, EMERSON Y1f?e -`); MY COMMISSION#FF1i:9432 (Print Name of Notary Public)
?M,no�i EXPIRES January 13,2019 f-
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Serial/Commission #(if any):
My Commission Expires: 1/13 MI
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EXHIBIT "A" (1 of 2)
PARCEL 1:
All that portion of Tract "B" Pelican Marsh Unit Five, according to the plat
thereof, recorded in Plat Book 22, Page 88 and 89, of the public records of
Collier County, Florida, LESS AND EXCEPT the following Three (3) (portions of
Vanderbilt Beach Road right-of-way) conveyed to Collier County as recorded in
(1) Warranty Deed O.R. Book 2248, Pages 1379 through 1385, more particularly
on pages 1381 through 1383 (2) Quit Claim Deed O.R. Book 2123, Pages 1062
through 1065, being a part of Lake Bunting, Block 8, according to the plat of Pine
Ridge Second Extension, Plat Book 10, Page 86 and (3) Warranty Deed O.R. Book
3057, Pages 3383 through 3390 (Parcel 131) all of the public records of Collier
County, Florida.
Subject to easements and restrictions of record.
Aerial Photo Showing Parcel 1 with Yellow Border:
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EXHIBIT "A" (2 of 2)
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PARCELS 2 and 3:
All that portion of Tract 3, Pelican Marsh Golf Course, Phase One, according to
the plat thereof, recorded in Plat Book 23, Page 40 through 47, of the public
records of Collier County, Florida, LESS AND EXCEPT the following Three (3)
(portions of Vanderbilt Beach Road right-of-way) conveyed to Collier County as
recorded in (1) Warranty Deed O.R. Book 2248, Pages 1379 through 1385, more
particularly on pages 1381 through 1383 (2) Quit Claim Deed O.R. Book 2123,
Pages 1062 through 1065, being a part of Lake Bunting, Block 8, according to the
plat of Pine Ridge Second Extension, Plat Book 10, Page 86 and (3) Warranty
Deed O.R. Book 3057, Pages 3383 through 3390 (Parcel 131) all of the public
records of Collier County, Florida.
Subject to easements and restrictions of record.
Aerial Photo Showing Parcels 2 & 3 with Yellow Borders:
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EXHIBIT B
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is
IOSSOLT!
July 29, 2014
Leo E. Ochs, Jr. CERTIFIED MAIL, RETURN RECEIPT REQUESTED
County Manager RETURN RECEIPT REQUESTED
Collier County, Florida #7007 2002 0004 1385 6366
3299 Tamiami Trail East, Suite 202
Naples, Florida 34112-5746
RE: Chapter 164, Florida Statutes, the "Florida Governmental Conflict
Resolution Act"; Pelican Marsh Community Development District; Collier
County Owned Fence/Wall In Southern Portion of Collier County Owned
Vanderbilt Beach Road Right-of-Way Between U.S. 41 And Goodlette-Frank Road
Dear Mr. Ochs:
This letter is being provided to you by the Pelican Marsh Community Development District
(DISTRICT) pursuant to the provisions of Chapter 164, Florida Statutes, the "Florida
Governmental Conflict Resolution Act" (ACT) as you are the chief administrator of Collier County
(COUNTY). None of the DISTRICT'S rights or claims regarding this matter are waived or affected
by anything stated herein or omitted herefrom.
The DISTRICT is a community development district, established by rule, Ch. 42P-1,
F.A.C., pursuant to the provisions of Chapter 190, Florida Statutes.The DISTRICT and COUNTY
are "local government entities" as defined in Section 164.1031(1), Florida Statutes and thus are
both subject to the provisions and requirements of the ACT.There are no governmental entities
other than the COUNTY that are in conflict with the DISTRICT on this matter.
THE CONFLICT
The COUNTY owns, in fee simple, the right-of-way of Vanderbilt Beach Road between
U.S. 41 and Goodlette-Frank Road (VBR) and all of the improvements within VBR. A concrete
fence/wall owned by the COUNTY is located within the COUNTY owned VBR (COUNTY'S
FENCE/WALL). The COUNTY has owned VBR and the COUNTY'S FENCE/WALL since 1997.
The COUNTY, by and through its officers, employees, agents and personnel, including
but not limited to the County Manager, County Attorney, Growth Management Division
Administrator, Code Enforcement Director and their respective staff, have repeatedly,for the last
two (2)years, stated and asserted that the DISTRICT is responsible for the repair, maintenance,
and reconstruction of the COUNTY'S FENCE/WALL.The DISTRICT believes that the COUNTY'S
assertions and position are without any factual or legal basis. The DISTRICT disagrees with the
COUNTY'S positions and assertions and the DISTRICT has disputed and continues to vigorously
dispute the COUNTY'S positions and assertions. The DISTRICT asserts that the COUNTY is
solely obligated to maintain, repair, replace or reconstruct the COUNTY'S FENCE/WALL.
Pursuant to Section 164.1052, Florida Statutes, a certified copy of the DISTRICT'S
Resolution No. 2014-3 is enclosed.
5672 Strand Court,Suite#1 • Nal Packet Page-647- 239-592-9115 • fax 239-594-1422
10/27/2015 16.A.15.
July 29, 2014
Page 2 of 2
JUSTIFICATION FOR INITIATING THE CONFLICT RESOLUTION PROCESS
As stated above, the COUNTY, by and through its officers, employees, agents and
personnel, including but not limited to the County Manager, County Attorney, Growth
Management Division Administrator, Code Enforcement Director and their respective staff, have
repeatedly, since 2012, stated and asserted that the DISTRICT is responsible for the repair,
maintenance, and reconstruction of the COUNTY'S FENCE/WALL. The COUNTY has on
numerous occasions threatened to initiate code enforcement proceedings against the DISTRICT.
The DISTRICT has attempted, to no avail, to amicably resolve the matter by way of discussions
with the County Manager, County Attorney, Growth Management Division Administrator, Code
Enforcement Director and the County Commissioner of the district where the DISTRICT and VBR
are located.
An adjudication of the rights, duties and obligations of the COUNTY regarding the
COUNTY'S FENCE/WALL by way of a declaratory judgment pursuant to Ch. 186, Florida Statutes
will provide an unbiased forum in the form of a neutral third party, the judiciary, to hear and
adjudicate the dispute between the DISTRICT and the COUNTY as to the obligations of the
COUNTY to maintain, repair, replace or reconstruct the COUNTY'S FENCE/WALL. Furthermore,
a declaratory judgment action will provide an opportunity for all of the facts and evidence
necessary for a determination of the rights, duties and obligations of the COUNTY regarding the
COUNTY'S FENCE/WALL to be discovered and presented. It is in the best interests of the
DISTRICT to initiate court proceedings in the form of a declaratory judgment action.
PROPOSED DATE, LOCATION AND OFFICIALS WHO SHOULD PARTICIPATE
The DISTRICT proposes that the DISTRICT and COUNTY hold the conflict assessment
meeting on August 25, 2014, at the Collier County Library Headquarters Regional Sugden
Theater, 2385 Orange Blossom Drive, Naples, Florida 34109.
The DISTRICT proposes that the following officials be present at the conflict assessment
meeting:
FOR THE DISTRICT:
Chairman, Frank Garofalo; District Manager, Neil Dorrill; District Counsel,Anthony
P. Pires, Jr.; Operations Manager, John Vanover.
FOR THE COUNTY:
County Manager, Leo Ochs; County Attorney, Jeffrey Klatzkow; County Growth
Management Division Administrator Nick Cassalanguida; Code Enforcement
Director Jeffrey Wright; County Road Maintenance Director, John Vliet; County
Road Landscape Manager, Pam Lulich; County Road Maintenance
Superintendent Travis D. Gossard.
PLEA E GO -N YOURSELF ACCORDINGLY,
•
Peli _r ■ arsh Community Development District
Neil Dot ill, District Manager
Enclos re
5672 Strand Court,Suite#1 • Na f Packet Page-648-239-592-9115 • fax 239-594-1422
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RESOLUTION NO.2014-3
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE PELICAN
MARSH COMMUNITY DEVELOPMENT DISTRICT (DISTRICT)
PURSUANT TO CHAPTER 164, FLORIDA STATUTES, THE "FLORIDA
GOVERNMENTAL CONFLICT RESOLUTION ACT" (ACT); STATING THE
DISTRICT'S INTENTION TO INITIATE THE CONFLICT RESOLUTION
PROCEDURES OF THE ACT WITH COLLIER COUNTY, FLORIDA
(COUNTY) CONCERNING THE MAINTENANCE AND REPAIR
OBLIGATIONS OF THE COUNTY OWNED FENCE/WALL LOCATED
WITHIN THE COLLIER COUNTY OWNED RIGHT OF WAY OF
VANDERBILT BEACH ROAD BETWEEN U.S. 41 AND GOODLETTE-
FRANK ROAD (VBR) PRIOR TO INITIATING COURT PROCEEDINGS;
SPECIFYING THE ISSUES OF CONFLICT; AUTHORIZING THE DISTRICT
MANAGER AND DISTRICT COUNSEL TO PREPARE AND SEND THE
LEI TER REQUIRED BY SECTION 164.1052(1) OF THE ACT;
AUTHORIZING THE DISTRICT MANAGER AND DISTRICT COUNSEL TO
SET A PROPOSED DATE AND LOCATION FOR A CONFLICT
ASSESSMENT MEETING; AUTHORIZING THE DISTRICT CHAIRMAN,
DISTRICT MANAGER AND DISTRICT COUNSEL TO FULLY
PARTICIPATE AND TAKE ALL STEPS NECESSARY TO FULLY
PARTICIPATE AS REPRESENTATIVES OF THE DISTRICT IN THE
CONFLICT RESOLUTION PROCEDURES OF THE ACT;AND,PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Pelican Marsh Community Development District (DISTRICT) is a
community development district,established by rule pursuant to the provisions of Chapter
190,Florida Statutes;and,
WHEREAS, Collier County, Florida(COUNTY) is a political subdivision of the State of
Florida;and,
WHEREAS, the DISTRICT and COUNTY are"local government entities"as defined in
Section 164.1031(1), Florida Statutes and thus are both subject to the provisions and
requirements of Chapter 164, Florida Statutes, the "Florida Governmental Conflict
Resolution Act"(ACT); and,
WHEREAS, the COUNTY has asserted that the DISTRICT has a Iegal obligation to
maintain, repair, replace or reconstruct a certain COUNTY owned concrete fence/wall
located within the COUNTY owned right-of-way of Vanderbilt Beach Road between U.S.
41 and Goodlette-Frank Road (VBR), which assertions are without any factual or legal
basis and which have been and continue to be vigorously disputed by the DISTRICT as the
DISTRICT asserts that it is solely the COUNTY'S obligation to maintain,repair,replace
or reconstruct the COUNTY'S concrete fence/wall located within the COUNTY owned
right-of-way of VBR;and,
I HEREBY CER AT THIS IS A TRUE AND CORRECT
COPY OF , OL IO 0.2014-3 OF THE PELICAN
MARS ��`�,'� , ELOPMENT DISTRICT.
EIL P•RRI `D STRI• MANAGER
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WHEREAS, despite efforts and requests by the DISTRICT to the COUNTY requesting
that the COUNTY cease threatening the DISTRICT with code enforcement proceedings,
the COUNTY has continued to indicate its intentions to initiate and/or engage the
DISTRICT in code enforcement proceedings; and,
WHEREAS, based upon the actions and stated intentions of the COUNTY to pursue
actions, including code enforcement proceedings against the DISTRICT, relating to the
COUNTY owned concrete fence/wall located within the COUNTY owned right-of-way of
VBR, it is in the best interests of the DISTRICT to initiate court proceedings in the form
of a declaratory judgment action in order to have a neutral third party,the judiciary, hear
and adjudicate the dispute between the DISTRICT and the COUNTY as to the obligations
of the COUNTY to maintain,repair,replace or reconstruct the COUNTY owned concrete
fence/wall located within the COUNTY owned right-of-way of VBR.
NOW THEREFORE,BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE
PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT:
1. This Resolution is adopted pursuant to the authority and provisions of the ACT.
2. It is the intention of the Board of Supervisors(the"BOARD")of the DISTRICT
to initiate the conflict resolution procedures provided by the ACT prior to initiating court
proceedings in the form of a declaratory judgment action in order to have a neutral third
party, the judiciary, hear and adjudicate the dispute between the DISTRICT and the
COUNTY as to the COUNTY owned concrete fence/wall located within the COUNTY
owned right-of-way of VBR (the "COUNTY'S FENCE/WALL"), including but not
limited to: A. the obligations of the COUNTY to maintain, repair, replace or reconstruct
the COUNTY'S FENCE/WALL; B. the COUNTY'S assertions (which assertions are
believed by the DISTRICT to be without any factual or legal basis and which have been
and continue to be vigorously disputed by the DISTRICT)that the DISTRICT has a legal
obligation to maintain,repair,replace or reconstruct the COUNTY'S FENCE/WALL;and,
C. the COUNTY'S threat/stated intentions to initiate code enforcement proceedings
against the DISTRICT relating to the COUNTY FENCE/WALL..
3. The conflict with the COUNTY is based upon actions initiated by the COUNTY
and assertions by the COUNTY that the DISTRICT has a legal obligation to maintain,
repair, replace or reconstruct the COUNTY'S FENCE/WALL, which assertions are
believed by the DISTRICT to be without any factual or legal basis and which have been
and continue to be vigorously disputed by the DISTRICT;and,threats by the COUNTY to
initiate code enforcement proceedings against the DISTRICT concerning the maintenance,
repair,replacement or reconstruction of the COUNTY'S FENCE/WALL.
4. The COUNTY is the sole governmental entity with which the BOARD and the
DISTRICT has a conflict on the above outlined issues.
5. The DISTRICT Manager and DISTRICT Counsel are hereby authorized to prepare
and send to the COUNTY, within five (5) days of the date of this Resolution, the letter
required by Section 164.1052(1)of the ACT, including,but not limited to stating therein a
proposed date and meeting place for the conflict assessment meeting to be held pursuant
to Section 164.1053 of the ACT.
2
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6. The DISTRICT Chairman, DISTRICT Manager and DISTRICT Counsel are
hereby authorized to attend and fully participate in the above referenced conflict
assessment meeting and take all steps necessary to fully participate in the above referenced
conflict assessment meeting as representatives of the BOARD and the DISTRICT,
including but not limited to the authority to engage/enlist the services of a facilitator.
7. This Resolution shall become effective upon its adoption by the BOARD.
THIS RESOLUTION DULY PASSED AND ADOPTED BY THE BOARD OF
SUPERVISORS OF THE PELICAN MARSH COMMUNITY DEVELOPMENT
DISTRICT THIS 24TH DAY OF JULY, 2014.
BOARD OF SUPERVISORS OF THE
PELICAN MARSH COMMUNITY DEVELOPMENT
DISTRICT
7
B
" CHAIRMAN ,r
/94144. 64 FAL
ATTEST:
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BY: .L.._... id
ITS S:CRET
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