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Parcel 101FEE (Settlement Agreement) PROJECT: Project No. 60143 Immokalee Area Stormwater Improvement Program PARCEL No: 101 FEE FOLIO No(s): 22430001026 SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this /o' day of �( , 2010, by and between ARROWHEAD RESERVE AT LAKE TRAFFORD PROPERTY OWNERS ASSOCIATION, INC., whose mailing address is 7742 Alico Road, Fort Myers, FL 33912 ("Arrowhead") and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 ("the County"). WHEREAS, the County has entered into an agreement ("the Purchase Agreement") with Sonny Joseph for the purchase of that land set forth as Tract 3 on the Plat for Arrowhead Reserve at Lake Trafford recorded in Plat Book 42 at Page 94, et seq., of the Official Records of Collier County ("the Property") with an anticipated closing in the second half of calendar year 2018; and WHEREAS, the property is subject to the Declaration of Covenants, Conditions and Restrictions of Arrowhead Reserve at Lake Trafford, recorded in Official Records Book 3767, pages 3735, et seq., as amended ("the Declaration"), of the Public Records of Collier County, Florida ; and WHEREAS, a dispute has arisen between the parties as to whether the County is entitled to construct improvements on the Property as part of the Immokalee Area Stormwater Improvement Program, Project No. 60143 ("the Project") and whether the County is liable to pay assessments to Arrowhead pursuant to the Declaration in the event of the County closing on its purchase of the Property; and WHEREAS, the parties have settled the dispute on the terms and conditions set forth below. WITNESSETH: NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - 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 Agreement. O6J. Page 2 2. RELEASE FROM DECLARATION —Within fifteen (15) days from the date of this Agreement, Arrowhead shall provide a forty-five (45) day Notice of Special Meeting to its Membership which shall propose an amendment to the Declaration of Covenants, Conditions and Restrictions of Arrowhead Reserve at Lake Trafford, removing and releasing the Property from the operation of the Declaration. If the proposed amendment is approved as set forth in the Declaration, the President and Secretary of Arrowhead shall execute the Amendment with an effective date sixty (60) days after the date of recording. Arrowhead shall record the Amendment within five (5) days of execution and shall furnish to the County a fully executed, duly recorded copy of said Amendment. 3. PUD AMENDMENTS — Arrowhead will support any amendments that may be required to the Arrowhead Mixed Use Planned Unit Development (Ordinance No. 02-40, as amended) ("the PUD") to permit the County to construct the Project on the Property. 4. MAINTENANCE OF PORTION OF TRACT P1 — The County shall maintain in perpetuity that portion of Tract P1 and Tract 01 described in Exhibit "A," which is attached hereto and made a part of this Agreement. To that end, Arrowhead shall grant to County an easement to maintain that portion of Tract P1 and Tract 01 described on Exhibit "A" that is substantially identical to the easement form as set forth as Exhibit "B". 5. ASSIGNMENT OF DEVELOPER RIGHTS — The County acknowledges that Arrowhead may use multifamily unit development rights assigned to the Property for development within the PUD. Collier County staff will not oppose reassignment of the aforesaid developer rights to other properties in the PUD. 6. EXCAVATED MATERIALS — No later than ninety (90) days prior to commencement of construction of the Project, the County shall call upon Arrowhead to indicate in writing whether it requires surplus excavation materials from the Project at no cost to Arrowhead. No later than thirty (30) days from the date of such notice, Arrowhead shall notify the County whether it requires such surplus excavated materials and, if so, Arrowhead shall indicate, in writing, a stockpile location within the boundaries of the PUD where the excavated materials can be placed by the County's agent. The proposed stockpile configuration and volumetric capacity shall be included with the location. Excavated material in excess of the stockpile capacity shall be disposed of in another location at the County's discretion and shall not become the property of Arrowhead. In accordance with the PUD, both Arrowhead and County shall be required to obtain approved commercial excavation permits through the Growth Management Department. If Arrowhead fails to respond in writing within aforesaid period of thirty (30) days, then the County shall be entitled to assume that Arrowhead does not require the surplus excavated materials. 0 Page 3 7. MONETARY CONSIDERATION—The County shall pay the sum of One Hundred Thirty Five Thousand Eight Hundred Thirty Two and 00/100 US Dollars ($135,832.00) to Arrowhead. Said payment shall be made at the time of the closing of title conveying the property to the County. 8. COUNTY CONTINGENCY — This entire agreement is contingent upon the County closing the title on the purchase of the Property pursuant to the Purchase Agreement. In the event the County does not close such purchase of the Property by December 31, 2018, either party shall have the option to terminate this Agreement. 9. ARROWHEAD CONTINGENCY—This entire agreement shall also be expressly contingent upon the approval of the proposed Amendment to the Declaration by the Members of Arrowhead as set forth in paragraph 2. In the event the proposed amendment is not approved, this Agreement shall be null and void ab initio and neither party shall have any further claim against the other. 10. RESERVATION OF RIGHT. Arrowhead reserves the right to include other amendments to its Declaration unrelated to the instant matter on the same proposed Amendment set forth herein. 11. EFFECTIVE DATE - 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. 12. NOTICES - Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing sent by email and by certified mail, return receipt requested, postage prepaid or personal delivery addressed as follows: If to County: Amy Patterson, Director Capital Project Planning, Impact Fees and Program Management Division 2685 Horseshoe Drive S, Suite 103 Naples, Florida 34104 Telephone (239) 252-5721 With a copy to: Jeffrey A. Klatzkow County Attorney Office of the County Attorney 3299 Tamiami Trail East, Suite 800 Naples, Florida 34112 Page 4 Telephone: (239) 252-8400 jeffreyklatzkow@colliergov.net If to Owner: David Torres, President Arrowhead Reserve at Lake Trafford POA 7742 Alico Road Fort Myers, Florida 33912 Telephone: (239) 208-4079 With a copy to: Ashley L. Suarez, Esq. Carlo F. Zampogna, Esq. Zampogna Law Firm 1112 Goodlette Road North, Suite 204 Naples, Florida 34102 Telephone:_(239) 261-0592 ashley(a�zampogna-law.com carlo(a�zampogna-law.com 13. ENTIRE AGREEMENT—This settlement is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire 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, nor shall any party have any claim against the other except as is provided for in this Agreement. No modification, amendment or consensual cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and County. 14. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 15. VENUE -This Agreement is governed and construed in accordance with the laws of the State of Florida. [SPACE INTENTIONALLY LEFT BLANK] 0 Page 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO COUNTY: DATED: .( lo‘.bl i ATTEST: BOARD OF Cs NTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER Cr N , FLOR, rt I BY: • Q p a ty _ A ''SOLIS , CHAIRMAN • est es to.Chanman i signature only., AS TO ARROWHEAD: ARROWHEAD RESERVE AT LAKE TRAFFORD PROPERTY OWNERS ASSOCIATION, INC., a Florida corporation DAT=D: to_f `I►:�"�,.. By: V V ssLkLiftI (Signature) DAVIDAA. -S, PRESIDENT air Name (Print or Type) itness (Signature) 1i Approved as to form and legality Name (Print or Type) Assistant County A o ley a��\ GRAPHIC SCALE limaimiimmil0 100 200 400 EXHIBIT 2 pdge. I of-Lim.-i .- 1 inch 200 ft —I / TRACT P-2- / // / ( FE) ARROWHEAD PRESERVE /1( O.E. / / / AT i1 (ula Is) � \ // LAKE TRAFFORD L2 BLOCK V" c \ / I it: N. h/ 5. �J1 TRACT 0-1• \ —t \ (OPEN SPAM BUFFER)\ OT `'I \ // // 4) / TRACT 3• TRACT P-1- (vROonq FE) /4) ( v 0.4 IIJ alt \ b /) S r--� % /. A / \' ( \ // M / \ 2 / 0 TRACT 0-1• Al I \�y �/ / \o (OPoi_' eu� ' , / *Ow) w 1�I L23 L2 1 \\ J LTB < 02 r 1 ��'\r8 C, Off,// ' i`\// TRACT P-1' ( I R ovesynEco \ S/ ` .J4-,/ -— S89.15'461.1 1307.69' POINT OF UNPIATTED BEGINNING JEYIIUG SKETCH & DESCRIPTION JQ;,�� ��,PI y���, �. A portion of Tracts P- 1 and 0- 1, o -- "r„-'•v Arrowhead Reserve at Lake Trafford, re=-,t_-.-------.41 H Phase One, ISO,A f Collier County, Florida A LIMITED LIABILITY COMPANY MARCO SURVEYING& MAPPING CUENT.• Collier County Board of County Commissioners 3825 BECK BOULEVARD SUITE 725 PROJECT I:I,P483 SUB PROJECT: NAPLES, FLORIDA 34114 DRAFTED BY: DATE SCALE WD NUMBER SHEET I DRAWING NO. wwW.2J9MARCOSURVEYSCOM R.Y. 10/2017 1" = 200' 17-506 1 of 3 1-0801 / 1 I CURVE TABLE CURVE RADIUS LENGTH DELTA CHORD BEARING CHORD Cl 165.00' 23.82' 8'16'12" N26'17'00"E 23.80' LINE TABLE LINE TABLE L1 N22'08'54"E 164.89' L20 N67'28'50"E 46.66' L2 S85'59'13 E 165.83' L21 N45'04'33'E 43.40' L3 S61'50'06"E 142.94' L22 N59'00'56'E 80.91' L4 S21'46'21"E 55.58' L23 S83'35'31'E 117.49' L5 S6'06'56"E 42.04' L24 S89'18'36"E 15.47' L6 S26'58'23"W 80.26' L25 N10'29'48"E 146.83' L7 S34'13'24"W 66.76' L26 N35'50'29"E 68.30' L8 S63'03'15"W 176.81' L27 N76'38'45"E 95.58' L9 S66'40'59"W 74.23' L28 S46'32'12"E 166.33' L10 S28'09 20"W 54.81' L29 S65'14'12'E 85.58' L11 S6'48'27"E 90.47' L30 S32'27'06"W 78.49' L12 543'58'05"W 87.40' L31 S8'52'33"W 104.00' L13 S45'46'21"W 126.78' L32 S24'45'39"E 89.19' L14 S65'51'49"E 9.41' L33 S59'42'52"E 45.10' L15 S58'07'52"E 76.71' L34 S84'51'15"E 41.91' L16 S75'52'02"E 55.67' L35 N30'32'23"E 104.01' L17 S29'00'11 E 19.08' L36 N13'56'52" 145.61' L18 S69'46.52 E 92.34' L37 N31'31'12'E 203.06' L19 S61'06'23"E 16.03' L38 N6628'33"E 48.57' 1 JEYINe SKETCH & DESCRIPTION tit, ;ii IIOJ C.P,i ///,`V4., A portion of Tracts P- 1 and 0- 1, 'r to Arrowhead Reserve at Lake Trafford, oc =pii "'H Phase One, t v f; Collier County, Florida A LIMITED LIABILITY COMPANY MARCO SURVEYING h MAPPING CLIENT: Collier County Board of County Commissioners .3825 BECK BOULEVARD SURE 725 PROJECT#:1 P483 SUB PROJECT: NAPLES, FLORIDA 34114 DRAFTED BY: DATE SCALE WO NUMBER SHEET 1 DRAWING NO. (239) 389-0026 wWW.MARCOsuRVEYS.cou R.Y. 10/2017 1" = 200' 17-506 2 of 3 1-080j DESCRIPTION Being a portion of Tract P-1 and Tract 0-1 as shown on the plot of Arrowhead Reserve at Lake Trafford - Phase One as recorded in Plot Book 42 at Pages 94 through 111 of the Public Records of Collier County, Florida, being more particularly described as follows: BEGIN at the southeast corner of Tract P-1 of Arrowhead Reserve at Lake Trafford - Phase One as recorded in Plat Book 42 at Pages 94 through 111 of the Public Records of Collier County, Florida; thence run South 89'15'46" West, along the southerly line of said Tract P-1, for a distance of 1307.69 feet; thence run North 14'36'08" East, for a distance of 830.14 feet to the southerly most corner of Lot 31, of Arrowhead Reserve at Lake Trafford - Block B as recorded in Plat Book 45 at Pages 64 through 66 of the Public Records of Collier County, Florida; thence northeasterly along the easterly boundary of said Arrowhead Reserve at Lake Trafford - Block B, and the arc of a non-tangential curve to the left , whose radius point bears North 59'34'54" West with a radius of 165.00 feet, having a chord bearing of North 26'17'00" East and a chord distance of 23.80 feet, having a central angle of 08'16'12" and an arc length of 23.82 feet; thence run North 22'08'54" East, along the easterly boundary of said Arrowhead Reserve at Lake Trafford - Block B, for a distance of 164.89 feet to a point of intersection on the boundary of Tract 0-1 of Arrowhead Reserve at Lake Trafford - Phase One as recorded in Plat Book 42 at Pages 94 through 111 of the Public Records of Collier County, Florida; thence run along the northerly boundary of said Tract 0-1 the following 37 courses: South 85'59'13" East, for distance of 165.83 feet; South 61'50'06" East, for a distance of 142.94 feet; South 21'46'21" East, for a distance of 55.58 feet; South 06'06'56" East, for a distance of 42.04 feet; South 26'58'2.3" West, for a distance of 80.26 feet; South 34'13'24" West, for a distance of 66.76 feet; South 63'03'15" West, for a distance of 176.81 feet; South 66'40'59" West, for a distance of 74.23 feet; South 28'09'20" West, for a distance of 54.81 feet; South 06'48'27" East, for a distance of 90.47 feet; South 43'58'05" West, for a distance of 87.40 feet; South 45'46'21" West, for a distance of 126.78 feet; South 65'51'49" East, for a distance of 9.41 feet; South 58'07'52" East, for a distance of 76.71 feet; South 75'52'02" East, for a distance of 55.67 feet; South 29'00'11" East, for a distance of 19.08 feet; South 69'46'52" East, for a distance of 92.34 feet; South 61'06'23" East, for a distance of 16.03 feet; North 67'28'50" East, for a distance of 46.66 feet; North 45'04'33" East, for a distance of 43.40 feet; North 59'00'56" East, for a distance of 80.91 feet; South 83'35'31" East, for a distance of 117.49 feet; South 89'18'36" East, for a distance of 15.47 feet; North 10'29'48" East, for a distance of 146.83 feet; North 35'50'29" East, for a distance of 68.30 feet; North 76'38'45" East, for a distance of 95.58 feet; South 46'32'12" East, for a distance of 166.33 feet; South 65'14'12" East, for a distance of 85.58 feet; South 32'27'06" West, for a distance of 78.49 feet; South 08'52'33" West, for a distance of 104.00 feet; South 24'45'39" East, for a distance of 89.19 feet; South 59'42'52" East, for a distance of 45.10 feet; South 84'51'15" East, for a distance of 41.91 feet; North 30'32'23" East, for a distance of 104.01 feet; North 13'56'52" East, for a distance of 145.61 feet; North 31'31'12" East, for a distance of 203.06 feet; North 66'28'33" East, for a distance of 48.57 feet to a point on the easterly line of said Arrowhead Reserve at Lake Trafford - Phase One; thence run South 00'44'14" East, along the easterly line of said Arrowhead Reserve at Lake Trafford - Phase One for a distance of 443.40 feet to the POINT OF BEGINNING; Containing 11.46 acres or 499,300.67 square feet more or less. NOTES; 1. THIS IS NOT A SURVEY. 2. BEARING SHOWN HEREON ARE BASED ON THE NORTHWESTERLY LINE OF TRACT 3F of FREEDOM SQUARE, ACCORDING TO THE PLAT THEREOF, AS LOCATED IN STATE PLANE COORDINATE SYSTEM FLORIDA EAST ZONE, NAD 83, 1999 ADJUSTMENT, BEING N35'38'39'E. ROTATED FROM FLAT BEARING SYSTEM COUNTER CLOCKWISE 00'02'02". 3. NO EASEMENT SEARCH OR ABSTRACTING WAS DONE BY THE SURVEYOR AND NOTE SHOULD BE TAKEN THAT THIS PROPERTY IS SUBJECT TO ANY FACTS THAT ME BE REVEALED UNDER A FULL AND ACCURATE TITLE SEARCH. 4. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, UNLESS OTHERWISE NOTED. 5. SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS OF RECORD. 6. THE SHEET IS PART OF A 2 SHEET SET. For the Exclusive,Use Of; Collier County.Board of County Commissioners ( VING SKETCH & DESCRIPTION "' ` J\,„' I�'il��//// A portion of Tracts P- 1 and 0- 1, o : " Arrowhead Reserve at Lake Trafford, / cG � � H Phase One, � z Collier County, Florida David J. Hyatt, S R \C) Florida Licens No; 5634 A CiNIiED 11AeILIIY COMPANY Not valid•wit ut the signature and MARCO SURVEYING 4 MAPPING CLIENT: Collier County Board of County Commissioners FloridaLicensedPROJECT original seal:of,the,.. 3e25 BECK BOULEVARD f. SUITE 725 1:1 P483 SUB PROJECT: Surveyor\end,Mapper NAPLES, FLORIDA 34114 DRAFTED BY.• DATE SCALE WO NUMBER SHEET/ DRAWING NO. Certificate of Authorization P705. WWw2MARCosuR cOM R.Y. 10/2017 1" = 200' 17-506 3 of 3 1-0801 EXHIBIT "B" MAINTENANCE EASEMENT THIS EASEMENT, made and entered into this day of , 2018, by ARROWHEAD RESERVE AT LAKE TRAFFORD PROPERTY OWNERS ASSOCIATION, INC., whose mailing address is 7742 Alico Road, Fort Myers, FL 33912 (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State 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 "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee a perpetual, non-exclusive maintenance easement over, under, upon and across the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land for the purpose of the perpetual maintenance of drainage and water flow within the easement and the removal of invasive plant species. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day and year first above written. ARROWHEAD RESERVE AT LAKE TRAFFORD PROPERTY OWNERS ASSOCIATION, INC., a Florida corporation By: Witness (Signature) DAVID E. TORRES, PRESIDENT Name (Print or Type) STATE OF FLORIDA COUNTY OF The foregoing Maintenance Easement was acknowledged before me this day of , 2018, by David E. Torres, as President of ARROWHEAD RESERVE AT LAKE TRAFFORD PROPERTY OWNERS ASSOCIATION, INC., a Florida corporation, who: is personally known to me OR produced as proof of identity. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial / Commission # (if any): My Commission Expires: Approved as to form and legality: Jennifer Belpedio, Esq. ���b Assistant County Attorney o (o 2- C