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Backup Documents 07/27-28/2010 Item #16K 2ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI161(42 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 routing lines #1 through #4, complete the checklist, and forward to Ian Mitchell (line #5). Route to Addressee(s) List in routing order Office Initials Date 1. Attorney (Initial) A licable 2. July 27, 2010 Agenda Item Number 16K2 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Settlement Agreement between Creative Number of Original 1 original; 1 copy 5. Ian Mitchell, Executive Manager Board of County Commissioners Documents Attached 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, need 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 Steve Williams, Assistant County Phone Number 252 -8400 Contact Attorney (Initial) A licable Agenda Date Item was July 27, 2010 Agenda Item Number 16K2 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Settlement Agreement between Creative Number of Original 1 original; 1 copy Attached I Choice Homes and Collier County, FL Documents Attached INSTRUCTIONS Rr C HVC W1.iCT I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not aDDroDriate. (Initial) A licable 1. Original document has been signed/initialed for legal sufficiency. (All documents to be 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 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 document or the final negotiated contract date whichever is applicable . v 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip 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 to ee within a certain time frame or the BCC's actions are nullified. Be aware of ur deadlines. 6. Return fully executed copy of settlement agreement to eve Williams in CAO I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 16K2 MEMORANDUM Date: July 29, 2010 To: Steve Williams County Attorney's Office From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Settlement Agreement — Creative Choice Homes Enclosed please find an original referenced above (Agenda Item #16K2), which was approved by the Board of County Commissioners on Tuesday, July 27, 2010. If you have any questions, please call me at 252 -8411. Thank you. Enclosures 16R2 SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into this 7 of T„�� Y , 2010, by and between Creative Choice Homes XIV, LTD. ( "Creative Choice ") and Collier County, Florida, a political subdivision of the State of Florida (the "County "). WHEREAS, Creative Choice is the owner of the premises described in Exhibit A attached hereto located within the unincorporated area of Collier County, Florida, within which it operates a residential subdivision known currently as "Tuscan Isle;" and WHEREAS, Creative Choice and the County entered into an Agreement on March 7, 2003, allowing Creative Choice to defer payment of its impact fees to the County; and WHEREAS, the County brought suit against Creative Choice (Board of County Commissioners v. Creative Choice Homes XIV, Ltd., et al., 10- 3308 -CA) now pending in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida, as Creative Choice's payment of its impact fees from an investment with Co- Defendant, The Bank of New York Trust Company of Florida, N.A., fell $43,470.62 dollars short of fulfilling its obligation under the Agreement; and WHEREAS, the remaining named Defendants in this action are believed to have an interest in the property described in Exhibit A and said interests will remain unaffected by this Agreement; and WHEREAS, the County asserts that it is also entitled to a delinquency assessment of 10% of the remaining balance; and WHEREAS, the County asserts that it is entitled to the payment of its reasonable attorney's fees and costs in this matter; and WHEREAS, the County acknowledges that Tuscan Isle provides a valuable community service by providing affordable housing to the residents of Collier County; and WHEREAS, the parties agree that Creative Choice will pay Collier County the unpaid impact fee balance of $43,470.62; and WHEREAS, the County agrees to accept the $43,470.62 in the form of 12 equal payments of $3,622.55 due and payable on the 8th of each month, with the first payment due August 8, 2010; and WHEREAS the parties agree that there will be no late payment penalties or interest due upon the $43,470.62 and each party shall bear their own attorney's fees. 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: Prolaw: 72489 16K2 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. Attorneys' Fees. All parties shall pay their own attorneys' fees and costs associated with this matter. 4. Judgment via Affidavit. Creative Choice agrees that, in the event a single payment is missed or late to the County, the County may obtain a Judgment pursuant to the Complaint filed in Collier County Case No. 10- 3308 -CA against Creative Choice by the filing of a sworn affidavit from the County's Impact Fee Coordinator, Amy Patterson, or her designee, stating that Creative Choice has failed to make a timely payment. Any Judgment obtained pursuant to this provision shall include a 10% delinquency provision and shall include attorney's fees and costs to be assessed against Creative Choice. 5. 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. 6. 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. 7. 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. 8. 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. 9. Execution. Creative Choice 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. Creative Choice shall pay all costs of recording this Agreement. The County shall provide a copy of the recorded document to the Developer upon request. 10. Applicability. This Agreement shall be binding on Creative Choice's successors, heirs, and assigns. Prolaw: 72489 2 16K 2 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: w DWI,GVT V. 8R , Clerk �Zr f � tesC ii," fl'' MWylClerk Signed, sealed and delivered in the presence o£ i ature I'L'e �c G Printed„Name j signature Printed Name STATE OF FLORIDA COUNTY OF PALM BEACH BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA L10 . By: FRED W. COYLE, Chairman CREATICE CHOICE HOMES XIV, LTD., a Florida limited partnership By: Creative Choice Homes XIV, Inc., a Florida corporatio eneral partner By: Yashpal akkar, as Prest ent The foregoing instrument was acknowledged before me this 2 day of June, 2010, by Yashpal Kakkar, as President of CREATIVE CHOICE HOMES XIV C., general partner of CREATIVE CHOICE HOMES XIV, LTI . 'Who- 's pT- ersonally known m r has produced as identification. sima RERUN N"V Public • state of ffo W • My Comm Expires Aug S, 2013 = Commission # DD 914314 60r4ad Through National Notary Assn. Approved as to form and legal sufficiency: Aki"4' 7, L-J Steven T. Williams Assistant County Attorney Prolaw: 72489 otary Public Print Name: My Commission Expires: Y .-16K2 OR: 3171-P - G: 1441 LEGAL DESCRIPTION LNG IN SECTION 34, TOWNSHIPYI49 SOUTH, RANGE 26 EAST, COWER COUNTY FLORIDA. (PROPOSED SADDLEBROOK PHASE TWO) A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUMY-OF COWER, LYING IN SECTION 3,. TOWNSHIP 49 SOUTH, RANGE 26 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: AS PROVIDED BY OWNER THE WEST 1/2 OF THE SOUTHEAST 1/2 OF SECTION-34, TOWNSHIP 49 SOUTH, RANGE 26 FAST. OF COLLIER COUNTY, FLORIDA, LESS THE SOUTH 50' FOR DAMS BOULVARD (STATE ROAD 84) 100.00 FOOT RIGHT —OF —WAY AND THE EAST 726 FEET OF THE SAID WEST 1/2 AND LESS AND EXCEPT THE MTERSTATE 75 (1 -75) (STATE ROAD NO. 93) RIGHT --OF -WAY REFERENCE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION SECTION 03175 -2409 SHEET 6 OF 10: BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (SET /4) OF SAID SECTION 34; THENCE ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 34, N.Op 24'26'E. FOR 50.00 FEET TO THE UW RIGHT OF WAY OF DAVIS BOULEVARD ALSO BEING THE SOUTHEAST CORNER OF PALM SPRING PLAZA UNIT ONE AS RECORDED N PLAT BOOK 8. PAGE 21-23 OF THE OFFICAL RECORDS OF COWER COUNTY FLORIDA, AND THE POINT OF SEGfNNINO; THENCE CONTINUE ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER (SET /4). N.W24'26 E. FOR 2574.54 FEET TO THE NORtMVEST:.CORNER OF THE SOUTHEAST QUARTER (SET /4) OF SAID SECTOIN 34; ALSO BEING THE SOUTHERLY RIGHT OF WAY LINE OF INTERSTATE 75 (1- 75)(STATE ROAD 93) PER THE STATE OF FLORgA DEPARTMENT OF TRANSPORTATION MAP OF SECTION 03175 -2409, SHEET 6 OF 10; THENCE HANG SW RIGHT OF WAY. S.7Z14'13'F— FOR 506.83 FEET; THENCE ALONG SAO RIGHT OF WAY. S.68712'38'E.. FOR 115.06 FEET; THENCE LEAVING -%0 RIGHT OF WAY, S.00'21.36"W.. FOR 1,290.07 FEET; THENCE N.89'3534'W., FOR 374.74 FEET; THENCE N.405'34'W., FOR 84.40 FEET; THENCE S.45'24'26W.. FOR 113.95 FEET TO A .POINT OF CURVATURE; ' THENCE SOUTNWESTERL,Y 58.90 FEET ALONG THE AR E ARC OF TANGENik CIRCU A RADIUS OF* 75.00 FEET THROUGH A CENTRAL ANGLE OF 45'00'00' CURVE TO THE LEFT HAVING ANO BEING SUBTENDED BY A CHORD WHICH BEARS S.2Y54'2WW, FOR 57.40 FEET; THENCE S.00'247CW., FOR 808.86 FEET; THENCE S.14'33SCE., FOR 153.96 FEET; THENCE S.0O'49'S5'W.. FOR 50.92 FEET TO THE NORTH RIGHT OF WAY OF DAMS BOULEVARD; THENCE ALONG THE SAID NORTH RIGHT Of WAY, N.88'55'2TW., FOR 94.33 FEET TO THE POINT OF BEGINNING. CONTAINING 884,964 SQUARE FEET OR 20.32 ACRES, MORE OR LESS. BEARINGS ARE BASED ON THE WEST LINE OF THE SOUTHEAST QUARTER (SET /4) OF SECTION 34, IOWNSHIP 49 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA AS 13EWC N.W24'26'E. RWA SURVEYING. INC. LAND SURVEYORS AND MAPPERS 6050 NORTH HORSESHOE DRIVE SUITE 270 (Q LE 640 FLORIDA 34104 FLOI.TOA c,ERT*rA(: OF 16952 QAm 0 713/07 �� AL LAND ci IRVEYOR �/ 67TR m ��! n�c. out �E'''i: / 'Vx THOMAS ECKERTY - �N r �G 1' X230' � � �?! �. &UPA ap �'H TITLE* LEGAL DESCRIPTION VILLAGE PHASE TWI 3m %ft am 34 49s zsE m 2 .. .� WAMM