Backup Documents 07/24/2012 Item #12AORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 12A
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routine lines 41 through 44_ complete the checklist and forward to Tan Mitchell (line 4t5)
Route to Addressee(s)
List in routing order)
Office
Initials
Date
1.
ap ro riate.
(Initial)
Applicable)
2.
7/24/12
Agenda Item Number
12 -A
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4. Jeffrey A. Klatzkow, County Attorney
County_Attorney
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7/26/12
5. Ian Mitchell, Executive Manager BCC
Board of County Commissioners
Documents Attached
6. Minutes and Records
Clerk of Court's Office �
ri �1
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell needs to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.
Name of Primary Staff
Laurie Beard, Transportation Planning
Phone Number
252 -5782
Contact
ap ro riate.
(Initial)
Applicable)
Agenda Date Item was
7/24/12
Agenda Item Number
12 -A
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Settlement Agreement with G.L. Homes of
Number of Original
Three
Attached I
Naples I
Documents Attached
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
08- MGR - 00132/33
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
ap ro riate.
(Initial)
Applicable)
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be
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signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
JAK
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
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document or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
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signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
JAK
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6.
The document was approved by the BCC on 7/24/12 and all changes made during the
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meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes, if applicable.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
08- MGR - 00132/33
12A'.
MEMORANDUM
Date: August 14, 2012
To: Laurie Beard, Planner
Transportation Planning Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Settlement Agreement with G.L. Homes of Naples Associates II, Ltd.
(Prior 20th Judicial Circuit Court Trial - Case 09- 2451 -CA)
Attached is a copy of the recorded agreement referenced above (Item #12A)
approved by the Board of County Commissioners on July 24, 2012.
The Minutes and Records Department will maintain a recorded original agreement
in the Board's Official Records.
If you have any questions, please contact me at 252 -8406.
Thank you.
Attachment
12A
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA
CIVIL ACTION
G.L. HOMES OF NAPLES ASSOCIATES II,
LTD., a Florida Limitied Patnership,
Plaintiff,
V.
COLLIER COUNTY, a political subdvision of
Florida through its Governing Body, BOARD
OF COMMISSIONERS OF COLLIER
COUNTY,
Defendant.
Case No. 09- 2451 -CA
INSTR 4723605 OR 4821 PG 3834
RECORDED 7/31/2012 2:36 PM PAGES 4
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $35.50
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is made
and entered into this2_44,.of uk,A , 2012, by and between G.L. Homes of Naples Associates
II, Ltd. (the "Developer ") and Co ier County, Florida, a political subdivision of the State of
Florida (the "County ").
WHEREAS, on December 17, 2002, Developer and County entered into that certain
Standard Form Collier County Contribution Agreement for Road Impact Fees (No. 2002- 009 -TR-
GL Homes), hereinafter referred to as the "Original Agreement;" and
WHEREAS, on May 9, 2006, Developer and County entered into that certain Amended
and Restated Standard Form Collier County Contribution Agreement for Road Impact Fee Credits
recorded in OR Book 4034, Pages 1820 -1860, Official Records of Collier County, Florida
hereinafter referred to as the "Amended Agreement; "and
WHEREAS, the roadway improvements contemplated in the Amended Agreement have
been completed by Developer and accepted by County; and
WHEREAS, the Amended Agreement granted cash and credits for road impact fees and
certain vesting rights for road concurrency, in exchange for the Developer's contribution of
advanced off -site roadway construction improvements consisting of the extension of Logan
Boulevard as a two (2) lane roadway between Vanderbilt Beach Road and Immokalee Road
(hereinafter described as the "Project "); and
WHEREAS, Developer is the fee owner of certain lands, (hereinafter referred to as
"Terafina "), described and graphically rendered in Composite Exhibit "A ", attached hereto and
incorporated herein by reference, which upon development in the near future will be subject to the
imposition of an estimated $5,528,476.50 in Road Impact Fees; and
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WHEREAS, the parties agree that based on the actual cost of construction of the Project
that Developer has Road Impact Fee Credits in the amount of Ten Million Sixty Thousand Five
Hundred Fifteen and 96/100 Dollars ($10,060,515.96); and
WHEREAS, subsequent to the County's acceptance of Developer's completion of the
Project a dispute arose between the parties concerning the Amended Agreement which resulted in
litigation wherein the Developer brought suit against Collier County (G.L. Homes of Naples
Associates II, LTD. v. Collier County Board of County Commissioners., 09- 2451 -CA) now
pending in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida,
as the Developer asserted it is entitled to the reimbursement of $10,060,515.96 in earned Road
Impact Fee Credits; and
WHEREAS the parties wish to settle this dispute on the terms and conditions set forth
below.
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:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein by
reference.
2. Denial of Liability. No party is admitting wrongdoing, fault, or liability of any nature
by entering into this Agreement.
3. Vesting of Terafina. In exchange for the advanced construction of the Project,
Developer is vested in perpetuity for eight hundred and fifty (850) residential dwelling units in
and for the Terafina Development as the construction of the Project has been deemed a
prepayment of Road Impact Fees. Said vesting shall be evidenced in a duly authorized Certificate
of Public Facilities Adequacy issued by the County. Developer shall apply for the Certificate of
Public Facilities Adequacy by way of written letter and a copy of this Agreement fully executed
and the County shall issue such Certificate based on the same within thirty [30] days of the
execution of this Agreement.
4. Road Impact Fee Credits. The amount of Road Impact Fee Credits to which Developer
is entitled to under this Agreement is Ten Million Sixty Thousand Five Hundred Fifteen and
96/100 Dollars ($10,060,515.96). The credit for Road Impact Fees identified herein shall run
with the Development and shall be reduced by the entire amount of each Road Impact Fee due for
each Building Permit issued thereon until the Development project is either completed or the
credits are exhausted or otherwise no longer available, or have been assigned by operation of or
pursuant to an assignment agreement with County. The foregoing reduction in the Road Impact
Fees shall be calculated based on the amount of the Road Impact Fees in effect at the time the
Building Permit is issued. The credits set forth herein shall be applied solely to Road Impact
Fees, and shall not offset, diminish or reduce any other charges, fees or other Impact Fees for
which Developer, its successors and assigns are responsible in connection with the development
of their lands. It shall be Developer's obligation to notify the County that a Road Impact Fee
Credit is available each time a building permit is ready for issuance. Final calculation of the
remaining road and other impact fees due will be based on the impact fee schedule in effect at the
time of the submittal of the building permits and shall be paid in full prior to issuance of each
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12A
building permit. These Road Impact Fee Credits shall in no event be subject to forfeiture,
reduction, rescission or diminishment.
5. Reimbursement of Excess Road Impact Fee Credits. In the event that upon build -out of
the Development the Road Impact Fee Credits are still unspent, the remaining balance shall, at
Developer's sole election, (1) be transferred to another permitted project within the same or
adjacent transportation impact fee district, or (2) be reimbursed to Developer. Any
reimbursement for excess Road Impact Fee Credits shall come from future receipts by the County
of Road Impact Fees, and shall be paid over a period of five years from the date of completion of
the Development as determined by the County, subject to annual appropriation by the County. It
is specifically understood and agreed that Developer may assign these Impact Fee Credits, in
whole or in part, and at any time, to the development known as "Parklands." Nothing in this
paragraph shall be deemed to be a limitation or prohibition of the Developer's right to assign and
transfer Road Impact Fee Credits at anytime, including but not limited to, an assignment prior to
the build -out of the Development, as permitted by the County's Consolidated Impact Fee
Ordinance.
6. Road Impact Fee Ledger. The County shall on a current basis maintain on the Road
Impact Fee Credit Ledger written evidence of the Road Impact Fee Credits earned, used by and
available to Developer until such time the Road Impact Fee Credit Ledger reflects a zero balance.
Developer shall have the right to rely upon the Road Impact Fee Credit Ledger for confirmation
of the Road Impact Fee Credits remaining to Developer under the terms of this Agreement.
7. Attorneys' Fees. All parties shall pay their own attorneys' fees and costs associated
with this matter.
8. Execution of Other Documents. The parties agree that they will execute any other
documents as are necessary to effectuate or carry out the intent of this Agreement.
9. Governing Law and Venue. This Agreement and all other documents executed in
connection with this Agreement shall be governed 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.
10. Enforceability. In the event that any provision of this 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 greatest extent allowed by law and to the same extent
as if the void or unenforceable provision were omitted from this Agreement. This Agreement shall
be binding on Developer's successors, heirs, and assigns.
11. Entire Settlement Agreement. This Agreement contains the entire agreement between
the parties and all prior or contemporaneous negotiations or representations are merged into this
Agreement. This Agreement may not be amended or modified except in a written document
signed by the parties.
12. Execution. The 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
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County enters into this Agreement. The Developer shall pay all costs of recording this
Agreement. The County shall provide a copy of the recorded document to the Developer upon
request.
13. Dismissal of Litigation. The County shall file the fully executed Agreement with the
Court in Case No. 09- 2451 -CA within ten (10) business days of the Agreement being recorded.
The Developer shall file an appropriate dismissal without prejudice of the litigation within five (5)
business days thereafter indicating that each Party shall bear its own attorneys' fees and costs.
Provided that County satisfies and complies with all the terms of this Settlement Agreement,
Developer shall be barred from recommencing this action, or any compulsory claim which could
have been asserted in this action.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first above written.
Attest:
DWIGHT E. BROCK, Clerk
By,je
s,Deputy Clerk
STATE OF FLORIDA
COUNTY OF BROWARD
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, ChaiAaki
G.L. HOMES OF NAPLES ASSOCIATES II, LTD.,
a Florida limited partnership
By: G.L. Homes of Naples II Corporation, a Florida
corporation, its general partner
At A- At F*oir , as Vice President
The foregoing instrument was acknowledged before me this day of �96J4-
2012, by Alan Fant, as Vice President of G.L. Homes of Naples II Corporation, a F orida
corporation, as General Partner of G.L. HOMES OF NAPLE SSOCIATES II, LTD., a Florida
limited partnership, on behalf of such limited partnershipele Xperso nally own to me.
Notary,Piiblic
Print Name: L
if A My Commission Expires:
and le Liency:
Jeffrey A Iry ow
Collier C tt orney
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