CONSERVATION LAND GROUP LLC, RAINBOW RIVER RANCH LLC and THE CITY OF DUNNELLON SETTLEMENT AGREEMENT, 2018

Transcription

1 PLEASE RETURN TO: Amanda Roberts, City Clerk City of Dunnellon River Drive Dunnellon, FL CONSERVATION LAND GROUP LLC, RAINBOW RIVER RANCH LLC and THE CITY OF DUNNELLON SETTLEMENT AGREEMENT, 2018 This Settlement Agreement is between Conservation Land Group, LLC and Rainbow River Ranch, LLC ( PROPERTY OWNERS ) and the City of Dunnellon ( CITY ), with the concurrence of the State of Florida Department of Economic Opportunity ( DEO ). WHEREAS, the PROPERTY OWNERS have filed claims against the CITY which include claims under the Bert Harris Act, Florida Statute , Case No CA-B consolidated with Case No CA-B and styled In Re: City of Dunnellon, Florida, Rainbow River Ranch, LLC, and Conservation Land Group, LLC, Joint Petitioners, the CITY has filed claims against the PROPERTY OWNERS, and the PROPERTY OWNERS and the CITY have reached a common understanding to resolve all such claims; and WHEREAS, there is a Motion to Approve an amended settlement agreement dated September 24, 2012 between the PROPERTY OWNERS, the CITY and the Department of Economic Opportunity currently pending; and WHEREAS, the PROPERTY OWNERS have sold 112 acres of land to the Southwest Florida Water Management District ( SWFMD ) and 58 acres of land to GISSY RAINBOW RIVER RANCH LLC, which land was all originally subject to the pending amended settlement agreement dated September 24, 2012; and WHEREAS, after the sales described above, the PROPERTY OWNERS currently continue to own Page 1 of 9

2 an 11 acre riverfront parcel and an 80 acre non-riverfront parcel described on Composite Exhibit A, attached hereto; and WHEREAS, the PROPERTY OWNERS and the CITY hereby wish to resolve all remaining issues relating to the PROPERTY OWNERS remaining parcels and all claims of the parties. NOW, THEREFORE, in consideration of the premises hereof, the recitals above, and of the mutual covenants set forth herein, the parties hereby agree as follows: 1. This Settlement Agreement is intended to supersede and replace the amended settlement agreement dated September 12, 2012, and resolve all claims brought by or which the PROPERTY OWNERS may have against the CITY and all claims brought by or which the CITY may have against the PROPERTY OWNERS, whether pending or not, which exist at the time this Agreement is executed by all parties. The parties acknowledge that at all times, before and after this Agreement is final, the CITY retains its inherent authority to take appropriate actions within its discretionary powers, notwithstanding the terms of this Agreement. This Agreement, however, represents a compromise in litigation and is intended to allow the parties to implement a joint plan which will provide benefits to both parties - including environmental benefits, while resolving the respective claims of the PROPERTY OWNERS and CITY. The parties, by entering into this Settlement Agreement, do not admit liability for the claims referenced herein. This Agreement constitutes a settlement of disputed claims and is being entered into solely to avoid the cost and expense of litigation. The parties acknowledge and stipulate that after the Agreement is final any development will be limited by this Agreement, and those limits may be subject to enforcement by injunctive relief. 2. The existing residential unit and any future residential unit on the 11 acre riverfront parcel will be serviced by well and septic systems until water and sewer services become available within 500 feet, at which time connection to water and sewer services will be required. This provision shall apply in perpetuity, regardless of any future changes in ownership or subdivision of the parcel. Page 2 of 9

3 3. Within 90 days of the execution of this Agreement, the CITY will commence processing an Administrative Comprehensive Plan Amendment for the 11 acre riverfront parcel so as to change the parcel s future land use designation to Residential Low Density and will simultaneously process a zoning amendment to change zoning to R-1. The Comprehensive Plan Amendment and zoning change, if approved, will make it possible for PROPERTY OWNERS to subdivide the 11 acre riverfront parcel into two 5.5 acre lots which is the maximum subdivision allowed pursuant to the June 28, 2017 Restrictive Covenant executed by PROPERTY OWNERS and SWFWMD. A copy of the Restrictive Covenant is attached as Exhibit B. 4. The 11 acre riverfront parcel currently has two docks, a swimming platform and walkway to the river. One of the docks and the swimming platform were fully and properly permitted at the time of the construction of the existing residential unit and are not subject to this Agreement. The second dock is subject to the May 24, 2010, Florida Department of Environmental Protection and Consent Order # attached hereto as Exhibit C. 5. The City will permit PROPERTY OWNERS to subdivide the 11 acre riverfront parcel into two 5.5 acre lots once the 11 acre riverfront parcel is zoned appropriately to accomplish such subdivision in accordance with the Restrictive Covenant attached as Exhibit B. 6. Within 90 days of execution of this Settlement Agreement, the CITY will commence processing an Administrative Comprehensive Plan Amendment for the 80 acre non-riverfront parcel so as to change the Future Land Use designation to Residential Medium Density and will simultaneously process a zoning amendment to change zoning to R-3A. The 80 acre non-riverfront parcel shall be limited to a maximum of three dwelling units per Acre (240 total units), which limitation shall apply in perpetuity, regardless of any future changes in ownership or subdivision of the parcel. 7. Development on the 80 acre non-riverfront parcel shall be required to connect to water and sewer services. This provision shall apply in perpetuity, regardless of any future changes in ownership or Page 3 of 9

4 subdivision of the parcel. 8. The parties acknowledge that this Agreement shall prevail in the event the development described herein contravenes existing and/or future ordinances that conflict with the terms of this Agreement. 9. If the land use amendments, zoning changes, and approvals described above are completed successfully, then the amended settlement agreement dated September 12, 2012 shall terminate upon completion of same and the parties will enter into a Stipulation to Dismiss the pending lawsuit with prejudice and without assessment of costs or attorneys fees against either party and all issues, claims and matters between the parties shall be resolved and settled. 10. This Agreement shall be perpetual and deemed to run with the land, and shall be binding upon and inure to the parties hereto and their respective heirs, devisees, personal representatives, successors and assigns. 11. This Agreement contains the entire terms of the settlement between the parties with respect to the matters set forth herein. There are no oral or written agreements, representations or inducements of any kind between the parties with respect to the settlement that are not contained in this Agreement. This Agreement may only be altered or amended, in whole or in part, by a written instrument setting forth such changes as mutually agreed to by all of the parties. 12. The signatories to this Agreement are expressly authorized to resolve their dispute as set forth herein and by their signatures here represent and affirm their authority to execute this Settlement Agreement. 13. This Agreement shall be construed and interpreted in accordance with the laws of the State of Florida. Any action filed to enforce the terms of this Agreement must be filed in Marion County, Florida. 14. This Agreement shall be recorded in the in the Public Records of Marion County, Florida. Page 4 of 9

5 set forth below: IN WITNESS WHEREOF, the parties have executed this Settlement Agreement as of the date(s) [SIGNATURES ON FOLLOWING PAGES] Page 5 of 9

6 DEPARTMENT OF ECONOMIC OPPORTUNITY By: Director, Division of Community Development This day of, 20 Approved as to form and legal sufficiency, subject only to full and proper execution by the parties: Assistant General Counsel Approved date:, 20 Page 6 of 9

7 RAINBOW RIVER RANCH, LLC By: Gerald S. Dodd, Managing Member This day of, 20 By: Bryce W. Ackerman, Counsel for Rainbow River Ranch, LLC, and Conservation Land Group LLC Gray, Ackerman & Haines, P.A. 125 NE 1 st Avenue, Ste. 1 Ocala, FL Telephone: (352) This day of, 20 Witnesses: _ Print Name: Print Name: STATE OF FLORIDA ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of, 2018, by Gerald Dodd, as Managing Member of Rainbow River Ranch, LLC, who executed the foregoing instrument and acknowledged before me that he executed the same for the uses and purposes therein expressed, and who is personally known to me and did not take an oath. Notary Public SEAL Type or Print Name My Commission Expires Page 7 of 9

8 CONSERVATION LAND GROUP, LLC By: Gerald S. Dodd, Managing Member This day of, 20 By: Bryce W. Ackerman, Counsel for Rainbow River Ranch, LLC, and Conservation Land Group LLC Gray, Ackerman & Haines, P.A. 125 NE 1 st Avenue, Ste. 1 Ocala, FL Telephone: (352) This day of, 20 STATE OF FLORIDA ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of, 2018, by Gerald Dodd, as Managing Member of Conservation Land Group, LLC, who executed the foregoing instrument and acknowledged before me that he executed the same for the uses and purposes therein expressed, and who is personally known to me and did not take an oath. Notary Public SEAL Type or Print Name My Commission Expires Page 8 of 9

9 CITY OF DUNNELLON By: Walter Green, Mayor On behalf of City of Dunnellon This day of, 20 Witnesses: By: Andrew J. Hand, Counsel for City of Dunnellon Shepard, Smith, Kohlmyer & Hand, PA 2300 Maitland Center Pky, #100 Maitland, FL Telephone: (407) This day of, 20 Print Name: Print Name: STATE OF FLORIDA ) COUNTY OF MARION) The foregoing instrument was acknowledged before me this day of, 2018, by Walter Green, as Mayor of the City of Dunnellon, a Florida Municipal Corporation, who executed the foregoing instrument and acknowledged before me that he executed the same for the uses and purposes therein expressed, and who is personally known to me and did not take an oath. Notary Public SEAL Type or Print Name My Commission Expires Page 9 of 9