Item 8E~. AGENDA ITEM #8E
FEBRUARY 27, 2006
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (this "Agreement") is dated and entered
into as of the day of February, 2006, by and between Lindley Tolbert Design,
,,,, Inc., a Florida corporation ("Tolbert"), and the City of Atlantic Beach, Florida (the
"City").
RECITALS:
~.
A. Tolbert is the owner of certain real property located within the boundaries
of the City, as more particularly described on the attached Exhibit "A" (the "Tolbert
„~, Property"), and contained within the Selva Marina subdivision lying within the City's
municipal boundaries. Tolbert also asserts that it is the owner of a strip of land one (1)
foot wide by one hundred (100) feet long lying immediately adjacent to the northerly
„~ edge of the Tolbert Property (the "Contested Land").
B. On or about ,Tolbert applied for approval from the City to
reconfigure the Selva Marina subdivision to create three new lots on the Tolbert Property
~"" and the Contested Land, consisting of Lot 1, containing 8,167 squaze feet; Lot 2,
containing 11,625 squaze feet; and Lot 31, containing 12,884 squaze feet (the
"Application").
C. On November 15, 2005, the City's Land Planning Agency, the
Community Development Boazd, met in public hearing to consider the Application.
~" After hearing from Tolbert and from others, the Community Development Boazd voted to
recommend to the City Commission that the Application be denied.
~" D. On November 28, 2005, the City Commission convened its regulaz
Commission meeting, including a quasi judicial public hearing on the Application. After
hearing testimony from Tolbert and others, the City Commission closed the public
~" hearing and deferred making its decision on the Application to its December 12, 2005,
meeting. At the December 12 meeting, the City Commission voted to deny the
Application.
E. On January 11, 2006, Tolbert challenged the City's denial of the
Application pursuant to Section 163.3215, Florida Statutes (2005), by Complaint filed in
~"' the Circuit Court of the Fourth Judicial Circuit in and for Duval County under Case
Number 16-2006-CA-000433 (the "Complaint"). In addition, Tolbert challenged the
City's denial of the Application by Petition for Writ of Certiorari filed in the Circuit
~'" Court of the Fourth Judicial Circuit in and for Duval County under Case Number 16-
2006-CA-000434 on January 11, 2006 (the "Petition"), (collectively, the "Cases").
F. Tolbert and the City desire to settle the Cases on the terms and conditions
set forth in this Agreement.
NOW THEREFORE, in consideration of the mutual terms, covenants and
conditions contained in this Agreement and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
{00130489.DOC.3} 1
'"" AGENDA ITEM #8E
FEBRUARY 27, 2006
1. Recitals. The foregoing recitals are true and correct and are
incorporated by reference as part of this Agreement.
2. Modifications to the Aonlication.
a. The parties intend that the size of the three new lots on the
Tolbert Property be consistent with other lots contained in the Selva Marina subdivision,
namely a minimum of 0.23 acres.
b. Pursuant to that intent, Tolbert agrees to reconfigure the
three new lots on the Tolbert Property as shown on the attached Exhibit "A," with Lot 1
containing 10,000 + square feet, Lot 2 containing 10,978 +/- square feet, and Lot 3
containing 11,475 +/- square feet. None of the three new lots will contain land lying
within the Contested Land.
3. Tolbert acknowledges that construction on the three new lots as
depicted on the attached Exhibit "A" will be required to meet applicable current City of
Atlantic Beach Land Development Regulations and any applicable private covenants and
restrictions existing at the time of development
,..
4. Dismissal of the Cases. Within five days of City Commission
approval of the three new lots, Tolbert shall file a Notice of Voluntary Dismissal with
Prejudice of the Complaint and the Petition.
5. Remedies. Each party to this Agreement shall have all remedies
available at law or in equity to enforce the terms of this Agreement and each party agrees
that time is of the essence of this Agreement.
6. Venue. Venue for any actions brought to enforce this Agreement
~`" or for breach of this Agreement shall be filed in Duval County, Florida. The prevailing
party in such action shall be entitled to recover the costs of such suit together with all
attorneys' fees through and including all appeals and including all litigation to determine
entitlement to an amount of such fees.
7. Effective Date. This Agreement shall be effective as of the date of
execution by the last party signing this Agreement.
8. City of Atlantic Beach Approval. Tolbert understands that the City
~"' of Atlantic Beach City Commission must consider and approve this Agreement at a
public meeting and that this is a condition precedent to the full execution of this
Agreement by all parties.
9. Attorneys' Fees. Each party to this Agreement shall bear its own
attorneys' fees and costs incurred in connection with the Cases.
10. Counterparts. This Agreement may be executed in counterparts,
all of which shall constitute a single, original document.
qw {00130489.DOC.3 } 2
AGENDA ITEM #8E
FEBRUARY 27, 2006
11. Releases. Except for fulfillment of the obligations under this
Agreement, each party to this Agreement releases all other parties from all claims, known
or unknown, pertaining in any way to the Cases or the matters related thereto, provided
that such release will be effective only if all conditions precedent and subsequent to this
Agreement becoming effective are fulfilled. '
IN WITNESS WHEREOF, the parties, through their duly authorized
representatives, have executed this Agreement as of the date set forth below.
LINDLEY TOLBERT DESIGN, INC., a
Florida corporation
By:
Print Name:
Its:
Date: , 2006
,.
{00130489.DOC.3} 3
°""' AGENDA ITEM #8E
FEBRUARY 27, 2006
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CITY COMMISION OF CITY OF
ATLANTIC BEACH, FLORIDA
By:
Print Name:
Its:
Date: , 2006
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rsi {00130489.DOC.3 } 4
AGENDA ITEM #8E
FEBRUARY 27, 2006
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