Agenda 10/28/2008 Item #16A11
Agenda Item No. 16A 11
October 28, 2008
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to approve a Settlement Agreement and Release relative to Sapphire
lakes Unit 3C
OBJECTIVE:
To approve a Settlement Agreement and Release relative to remaining subdivision
improvements associated with Sapphire Lakes Unit 3C.
CONSIDERATIONS:
The Board of County Commissioners approved the plat for Sapphire Lakes Unit 3C on October
2, 1998. The developer applied for and received preliminary acceptance of the required
subdivision improvements, but never followed up with final acceptance of the improvements.
The remaining improvements are essentially maintenance related items. The subdivision
performance securities which were posted for these developments were secured by a
Construction, Maintenance and Escrow Agreement for Subdivision Improvements. Peninsula
Bank and the Sapphire Lakes Master Property Owners Association, Inc. have agreed on a
settlement of the funds to be released directly to the Association. By virtue of the Settlement
Agreement and Release, Peninsula Bank and Collier County will have no future liability with
respect to the subdivision improvements. The improvements (roadway and drainage) will be
...- maintained by the Property Owners Association,
FISCAL IMPACT:
There is no fiscal impact to the County.
GROWTH MANAGEMENT IMPACT:
There is no growth management impact.
lEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the Settlement Agreement and
Release. This item is ready for approval by the Board of County Commissioners. WEM
RECOMMENDATION:
That the Board of County Commissioners approve the Settlement Agreement and Release
with the following stipulations:
1. Authorize the Chairman to execute the Settlement Agreement and Release.
--
Prepared by: John Houldsworth, Senior Site Plans Reviewer, Engineering and Environmental
Services Department
Page 1 of 1
Agenda Item No. 16A 11
October 28, 2008
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1 6A 11
Meeting Date:
Recommendation to approve a Settlement Agreement and Release relative to Sapphire
Lakes Unit 3C,
10/28/2008 9: 00: 00 AM
Prepared By
John Houldsworth Senior Engineer Date
Community Development &
Environmental Services Engineering Services 1013/20088:44:55 AM
Approved By
Judy Puig Operations Analyst Date
Community Development & Community Development &
Environmental Services Environmental Services Admin. 10/71200810:25 AM
Approved By
Community Development &
Joseph K. Schmitt Environmental Services Adminstrator Date
Community Development & Community Development &
,- Environmental Services Environmental Services Admin. 10/11/20087:11 PM
Approved By
William D. Lorenz, Jr., P.E. Environmental Services Director Date
Community Development &
Environmental Services Environmental Services 10/141200810:53 AM
Approved By
William Mountford Assistant County Attorney Date
County Attorney County Attorney Office 10115/2008 1: 16 PM
Approved By
OMS Coordinator Applications Analyst Date
Administrative Services Information Technology 10/16/20087:54 AM
Approved By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 10116120089:44 AM
Approved By
James V. Mudd County Manager Date
- Board of County County Manager's Office
Commissioners 10/20/200811:41 AM
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SAPPHIRE LAKES - UNIT 3 C
Agenda Item No. 16A 11
October 28, 2008
Page 3 of 8
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GREEN HERON
SITE
LOCATION
SITE
MAP
Agenda Item No. 16A 11
October 28,2008
Page 4 of 8
SETTLEMENT AGREEMENT
The Board of County Commissioners of Collier County, Florida (the "Board"), Sapphire
Lakes Master Association, Inc. (the "Association") and Peninsula Bank (the "Bank") hereby
enter into this Settlement Agreement with regard to the Construction Maintenance and Escrow
Agreement for Subdivision Improvement (Unit C) dated July 8, 1998 among Reuven Haim
Builders, Inc., a Florida Corporation and The Board of County Commissioners of Collier
County, Florida, ("Board") the foregoing agreement are collectively referred to as the "Escrow
Agreement" .
NOW, THEREFORE, in consideration of the mutual covenants, promises and
consideration set forth in this Settlement Agreement, and with the intent to be legally bound, the
Board, Association, and Bank agree to settle on the following terms:
1. The Bank shall cause to be paid on behalf of Reuven Haim Builders, Inc. and any
successor developers the sum of $10,000.00 within 20 days of the date of this
Settlement Agreement in full settlement of all claims and disputes relating to the
Escrow Agreement. The check shall be made payable to Sapphire Lakes Master
Association, Inc. and delivered to William E. Mountford, Assistant County
Attorney, Collier County Attorney's Office, 3301 East Tamiami Trail, 81h Floor,
Naples, Florida 34112-4902.
2, The Board and Association will execute and deliver Releases in favor of the
Bank. The Release by the Board in favor of the Bank will be in the fonn attached
as Exhibit A, and the Association's Release of the Bank will be in the form of the
attached Exhibit B. The two Releases of the Bank will be executed at the time of
this Settlement Agreement and delivered to Richard Solano, President, Peninsula
Bank, 3100 S. McCall Road, Englewood, FL 34224-8641, but shall not be
effective until such time of the payment referred to in Paragraph 1. above is
delivered by the Ban1e
3, The Settlement Agreement and Releases, between the parties agree that either of
them (as well as any other persons or entities intended to be bound) shall, in the
event of any breach, retain the right to enforce the terms and conditions of this
Settlement Agreement and Releases.
4. The Board, Bank, and Association acknowledge and agree that this Settlement
Agreement and Releases is intended to and shall be binding upon their respective
owners, principals, officials, officers, employees, ex-employees, agents, attorneys,
representatives, insurers, successors, assigns, spouses, heirs and affiliates.
5, The Board, Bank, and Association recognize and acknowledge that this
Settlement Agreement and Releases memorializes and states a settlement of
disputed claims and nothing in this Settlement Agreement and Releases shall be
construed to be an admission of any kind, whether of fault, liability, or of a
particular policy or procedure, on the part of either Board, Bank, or Association.
Agenda Item No. 16A 11
October 28, 2008
Page 5 of 8
6. The Board, Bank, and Association acknowledge and agree that this Settlement
Agreement and Releases is the product of mutual negotiation and no doubtful or
ambiguous language or provision in this Settlement Agreement and Releases is to
be construed against any party based upon a claim that the party drafted the
ambiguous provision or language or that the party was intended to be benefited by
the ambiguous provision or language.
7. This Settlement Agreement and Releases may be amended only by a written
instrument specifically referring to this Settlement Agreement and Releases and
executed with the same formalities as this Settlement Agreement and Releases.
8. In the event of an alleged breach of this Settlement Agreement and Releases, the
Board, Bank, and Association agree that all underlying causes of action or claims
of the Board, Bank, and Association have been extinguished by this Settlement
Agreement and Releases and that the sole remedy for breach of this Settlement
Agreement and Releases shall be for specific performance of its terms and
conditions or any damages arising from the breach, In this regard, the Board,
Bank, and Association further agree that the sole venue for any such action shall
be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples,
Florida,
9. This Agreement and Release shall be governed by the laws of the State of Florida.
10. The prevailing party shall be entitled to attorneys' fees and costs in connection
with any enforcement action under this Agreement.
11. This Settlement Agreement may be executed in counterparts,
IN WITNESS WHEREOF, the parties have signed and sealed this Settlement
Agreement as set forth below.
Date:
Date:
AITEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Deputy Clerk
By:
roM HENNING, Chairman
2
Date:
PENINSULA BANK
Signature
Print Name
Approved as to form and
legal sufficiency:
William E. Mountford d
Assistant County Attorney
Agenda Item No. 16A 11
October 28, 2008
Page 6 of 8
Date:
SAPPHIRE LAKES MASTER ASSOCIATION,
INe.
Signature
Print Name
3
Agenda Item No. 16A 11
October 28, 2008
Page 7 of 8
RELEASE
KNOW ALL MEN BY THESE PRESENTS:
That the undersigned, The Board of County Commissioners of Collier County, Florida
(the "Board"), for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, does hereby, and on behalf of all successors and assigns, release and
forever discharge Peninsula Bank (the "Bank"), and their agents, servants, employees, heirs,
personal representatives, assigns and successors, and all other persons, firms or corporations
connected therewith, of and from any and all claims, demands, causes of action, damages,
judgments or suits at law and equity of whatsoever kind, through the date of this release, whether
due or not, direct or contingent, liquidated or unliquidated, patent or latent, known or unknown,
in any way arising out of or relating to the Construction Maintenance and Escrow Agreement for
Subdivision Improvement (Unit C) dated July 8, 1998 between Reuven Haim Builders, Inc., a
Florida Corporation, The Board of County Commissioners of Collier County, Florida, and
Peninsula Bank.
It is agreed and understood that this settlement is a compromise of a doubtful and
disputed claim and that the payment of the consideration expressed is not to be construed as an
admission of liability.
The undersigned acknowledges full and complete satisfaction, represent and warrant that
they have not assigned any rights, claims or causes of action against any party herein released
and declare and represent that no promises, inducements, or agreements not herein expressed
have been made, It is further acknowledged that this release contains the entire agreement
between the parties hereto and that the terms of this release are contractual not recitals. Lastly,
the undersigned warrant that they are duly authorized and competent to execute this release.
IN WITNESS WHEREOF, this release has been read and signed this
,2008.
day of
ATIEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Deputy Clerk
By:
TOM HENNING, Chairman
Approved as to form and
legal sufficiency:
I
!
1t/E111
William E. Mountford
Assistant County Attorney
4
RELEASE
Agenda Item No. 16A 11
October 28,2008
Page 8 of 8
KNOW ALL MEN BY THESE PRESENTS:
That the undersigned, Sapphire Lakes Master Association, Inc. for good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby, and on
behalf of all successors and assigns, release and forever discharge Peninsula Bank and the Board
of County Commission for Collier County, and their agents, servants, employees, heirs, personal
representatives, assigns and successors, and all other persons, firms or corporations connected
therewith, of and from any and all claims, demands, causes of action, damages, judgments or
suits at law and equity of whatsoever kind, through the date of this release, whether due or not,
direct or contingent, liquidated or unliquidated, patent or latent, known or unknown, in any way
related to or growing out of any prior dealings between the parties, including but not limited to
those claims arising out of or relating to the Construction Maintenance and Escrow Agreement
for Subdivision Improvement (Unit C) dated July 8, 1998 between Reuven Haim Builders, Inc" a
Florida Corporation, The Board of County Commissioners of Collier County, Florida, and
Peninsula Bank.
It is agreed and understood that this settlement is a compromise of a doubtful and
disputed claim and that the payment of the consideration expressed is not to be construed as an
admission of liability.
The undersigned acknowledges full and complete satisfaction, represent and warrant that
they have not assigned any rights, claims or causes of action against any party herein released
and declare and represent that no promises, inducements, or agreements not herein expressed
have been made. It is further acknowledged that this release contains the entire agreement
between the parties hereto and that the terms of this release are contractual not recitals. Lastly,
the undersigned warrant that they are duly authorized and competent to execute this release.
IN WITNESS WHEREOF, this release has been read and signed this
,2008.
day of
SAPPHIRE LAKES MASTER ASSOCIATION,
INe,
Signature
Print Name
STATE OF FLORIDA
COUNTY OF
The foregoing Release was acknowledged before me this _ day of 2008,
by , as , of the
Sapphire Lakes Master Association, Inc., who is personally known to be or who has produceq
as identifibtion and who did not take an oath. .
Notary Signature
Name Printed
My Commission Expires: