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Agenda 02/11/2020 Item #16B 2 (CRAB Settlement Agreement)02/11/2020 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners, acting as the Community Redevelopment Agency Board, approve and authorize the Chair to execute a settlement agreement in the lawsuits styled Bayshore-Marco Island, LLC v. CRA (Case No. 18-CA-3850), Naples Funding, LLC v. CRA (Case No. 18-CA-3853), and Lendequity, LLC v. CRA (Case No. 18-CA-3857) for payment by Plaintiffs of $360,000 and homes built on all lots in 5 phases over the next 36 months. OBJECTIVE: That the Board of County Commissioners, acting as the Community Redevelopment Agency Board (CRAB), approve and authorize the Chair to execute a settlement agreement in the lawsuits styled Bayshore-Marco Island, LLC v. CRA, Naples Funding, LLC v. CRA, and Lendequity, LLC v. CRA to resolve the litigation and move forward on ensuring the construction of single -family homes in the Bayshore Gateway Triangle Community Redevelopment Area (BGTCRA). CONSIDERATIONS: Background In 2000, the Bayshore CRA commenced a Neighborhood Focus Initiative to acquire and demolish substandard housing from willing sellers, and have single-family homes built on the acquired properties. This program eventually led to the purchase of 18 lots by Love and Legacy LLC for a net price of $14,167 per lot, which was below fair market value. The deeds contained a reverter clause which required the construction of single-family homes on each lot within two years of purchase. Love and Legacy LLC finished construction on three homes, shortly after the deadline. Love and Legacy experienced financial difficulty, and on October 1, 2016, Plaintiff Naples Funding LLC took an assignment of a mortgage on the remaining fifteen lots. On April 4, 2017, Love and Legacy LLC sold six of the fifteen lots to Plaintiff Lendequity, LLC. In 2018, Love and Legacy, executed a deed in lieu of foreclosure to Plaintiff Bayshore-Marco Island, LLC on the remaining nine of the fifteen lots. No additional homes have since been built. At the December 11, 2018 meeting, the Board of County Commissioners, acting as the Community Redevelopment Agency Board, authorized the County Attorney’s office to take all action necessary to clear title on three developed parcels and, if necessary, file a Quiet Title action on fifteen lots, previously owned by Love and Legacy LLC. Several days after the December 2018 meeting the Plaintiffs filed three legal actions, in attempt to also quiet title on the fifteen lots. In the three actions the Plaintiffs allege that Love and Legacy LLC did not inform them of the reverter clauses on the fifteen lots and, after it was discovered, it was their understanding that the reverter clauses would not be enforced if they moved forward on the construction of the homes. The Settlement Proposal After a year of litigation, a tentative settlement has been reached. The Plaintiffs agree to pay an additional $24,000.00 for each of the 15 parcels, for a total of $360,000. Plaintiffs further agree to a timeline with specific deadlines to monitor progress, penalties for missed deadlines, and to have the construction of the single-family homes completed in 5 phases within the next 36 months. The homes must also contain certain aesthetics and the time to construct may only be extended under limited conditions. Both the CRA Director and County Attorney support the agreement as this timely level of construction 16.B.2 Packet Pg. 739 02/11/2020 would rapidly add to the revitalization occurring in the area and provide an increased tax basis on the properties. FISCAL IMPACT: The CRA will receive an additional $360,000 for the fifteen lots and the County will begin to receive additional property taxes as the homes are completed. GROWTH MANAGEMENT IMPACT: This project meets the current Growth Management Plan and is consistent with the amended Community Redevelopment Plan adopted by Resolution 2019-75 that includes Neighborhood Focus Initiatives. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for approval. -KLN RECOMMENDATION: That the Board of County Commissioners, acting as the Community Redevelopment Agency Board (CRAB), approve and authorize the Chair to execute a settlement agreement in the lawsuits styled Bayshore-Marco Island, LLC v. CRA- Case No. 18-CA-3850, Naples Funding, LLC v. CRA- Case No. 18-CA-3853 and Lendequity, LLC v. CRA-Case No. 18-CA-3857 now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County. Prepared by: Jeffrey A. Klatzkow, County Attorney Kevin Noell, Assistant County Attorney, Debrah Forester, CRA Director ATTACHMENT(S) 1. Settlement Agreement (2) (PDF) 16.B.2 Packet Pg. 740 02/11/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.B.2 Doc ID: 11576 Item Summary: Recommendation that the Board of County Commissioners, acting as the Community Redevelopment Agency Board, approve and authorize the Chair to execute a settlement agreement in the lawsuits styled Bayshore-Marco Island, LLC v. CRA (Case No. 18-CA-3850), Naples Funding, LLC v. CRA (Case No. 18-CA-3853), and Lendequity, LLC v. CRA (Case No. 18-CA-3857) for payment by Plaintiffs of $360,000 and homes built on all lots in 5 phases over the next 36 months. Meeting Date: 02/11/2020 Prepared by: Title: – Corporate Business Operations Name: Sean Callahan 02/05/2020 12:06 PM Submitted by: Title: – County Manager's Office Name: Debrah Forester 02/05/2020 12:06 PM Approved By: Review: County Manager's Office MaryJo Brock Director - CRAs Skipped 02/05/2020 2:56 PM Corporate Business Operations Sean Callahan Executive Director- Corp Business Ops Completed 02/05/2020 3:02 PM County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 02/05/2020 3:36 PM Office of Management and Budget MaryJo Brock Level 3 OMB Gatekeeper Review Skipped 02/05/2020 2:06 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/05/2020 3:42 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 02/05/2020 3:44 PM Board of County Commissioners MaryJo Brock Meeting Pending 02/11/2020 9:00 AM 16.B.2 Packet Pg. 741 16.B.2.a Packet Pg. 742 Attachment: Settlement Agreement (2) (11576 : CRA Scattered Lots Settlement) 16.B.2.a Packet Pg. 743 Attachment: Settlement Agreement (2) (11576 : CRA Scattered Lots Settlement) 16.B.2.a Packet Pg. 744 Attachment: Settlement Agreement (2) (11576 : CRA Scattered Lots Settlement) 16.B.2.a Packet Pg. 745 Attachment: Settlement Agreement (2) (11576 : CRA Scattered Lots Settlement) 16.B.2.a Packet Pg. 746 Attachment: Settlement Agreement (2) (11576 : CRA Scattered Lots Settlement) 16.B.2.a Packet Pg. 747 Attachment: Settlement Agreement (2) (11576 : CRA Scattered Lots Settlement) 16.B.2.a Packet Pg. 748 Attachment: Settlement Agreement (2) (11576 : CRA Scattered Lots Settlement) 16.B.2.a Packet Pg. 749 Attachment: Settlement Agreement (2) (11576 : CRA Scattered Lots Settlement) 16.B.2.a Packet Pg. 750 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