|Manatee County Government Administrative Building First Floor, Commission Chambers June 2, 2016 - 9:00 a.m.|
Agenda Item #14
Proposed Settlement Agreement; IN RE: Lake Lincoln, LLC v. Manatee County; Case No. 2012-CA-3483
Contact and/or Presenter Information
Sarah A. Schenk, Assistant County Attorney, Ext. 3750
Consideration and rejection of the proposed Settlement Agreement presented by Plaintiff, Lake Lincoln, LLC.
Florida Statute 125.01
Florida Statute 70.001 (the Bert J. Harris, Jr., Private Property Rights Protection Act; the "Harris Act").
On May 23, 2012, Lake Lincoln, LLC filed a Complaint, as later amended on April 14, 2015, in the Circuit Court for the Twelfth Judicial Circuit in and for Manatee County, Florida alleging a claim under the Bert J. Harris, Jr., Private Property Rights Protection Act, §70.001, Fla. Stat., (the "Harris Act"), in addition to other claims relating to property rights. The Plaintiff's allegations relate to the amendments initiated by Lake Lincoln, LLC to the Tara Development of Regional Impact Ordinance No. 10-50 (the "Tara DRI") and to Ordinance No. PDR/PDC 96-03(Z)(G)(R9) (the "Tara Zoning Ordinance").
In the April 14, 2015 Amended Complaint, Plaintiff challenged: (a) the denial of the creation of a new Sub-phase III-BB within the Tara DRI, and (b) the denial of a rezone to the 3.32 acre Sub-phase III-BB within a 10.32 acre parcel from the Planned Development Residential (PDR) zone district to the Planned Development Commercial (PDC) district along with the companion amendments to the Map H for Ordinance 10-50 and the General Development Plan for the Tara Zoning Ordinance.
In the attached letter from the attorney for Lake Lincoln, LLC dated May 2, 2016, Lake Lincoln proposes two alternative options for the settlement agreement.
The second option is described by Lake Lincoln in the proposed Settlement Agreement as the “Monetary Payment Alternative” and would be in the amount of $2.4 million.
Both the first and second option require the County to incur expenses to pay Lake Lincoln’s attorney’s fees, professional fees and costs.
The County Attorney's Office recommends that the Board reject the proposed Settlement Agreement.
County Attorney Review
Other (Requires explanation in field below)
Explanation of Other
This is a County Attorney item. See attached proposed Settlement Agreement and exhibits.
Instructions to Board Records
Cost and Funds Source Account Number and Name
Amount and Frequency of Recurring Costs
Attachment: Agreement w exhibits.pdf
Attachment: Agnelli Commissioner Ltr 5-13-16.pdf