Settlement Agreement with Cp and Hg Residential Lots, Llc (Formerly Known As Intervest

RESOLUTION 2012-____

SETTLEMENT AGREEMENT WITH CP AND HG RESIDENTIAL LOTS, LLC (FORMERLY KNOWN AS INTERVEST CONSTRUCTION, INC.)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM COAST, FLAGLER COUNTY, FLORIDA, APPROVING THE SETTLEMENT AND COMMITMENT AGREEMENT BETWEEN CP AND HG RESIDENTIAL LOTS, LLC, (FORMERLY KNOWN AS INTERVEST CONSTRUCTION, INC.) AND THE CITY OF PALM COAST; AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO RECORD THE SETTLEMENT AND COMMITMENT AGREEMENT IN AN APPROVED FORM; PROVIDING FOR FINDINGS; PROVIDING FOR EXECUTION AND IMPLEMENTATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, CP and HG Residential Lots, LLCthe owner of 29+/- acres of land (the Property), the parcel number of which is 07-11-31-7034-AT2-0000as provided for in the Flagler County Property Appraiser records; and

WHEREAS, prior to the adoption of the City of Palm Coast 2020 Comprehensive Plan on April 6, 2004, and the amended 2035 Comprehensive Plan adopted on June 21, 2011, the future land use designation of the Property was Residential-Low Density which allows 1-3 units per acre; and

WHEREAS, the Cityamended the future land use designation of the Property to Greenbelt which allows 1 unit per acre when it adopted the City of Palm Coast 2020 Comprehensive Plan; and

WHEREAS, on or about June 29, 2004, theCP and HG Residential Lots, LLC,(formerly known as Intervest Construction, Inc.) filed a challenge with the Department of Community Affairs“FDCA” (presently known as the Planning Division of the Department of Economic Opportunity) regarding the future land use designation of the Property; and

WHEREAS,CP and HG Residential Lots, LLC,and the City are currently engaged in litigation pending in the Division of Administrative Hearings, Case # 04-2265GM pertaining to the City’s re-designation of the Property’s land use from Residential Low Density to Greenbelt; and

WHEREAS, the City and CP and HG Residential Lots, LLC,desire to resolve and settle

Case # 04-2265GMbetween them by mutually agreeing to certain conditions and other terms set forth herein as Exhibit “A” (Settlement and Commitment Agreement) which will serve as the basis for dismissal of the litigation; and

WHEREAS, the City Council of the City of Palm Coast desires to approve the Settlement and Commitment Agreement betweenCP and HG Residential Lots, LLC, and the City which provides for eventual dismissal of the lawsuit byCP and HG Residential Lots, LLC; and

WHEREAS, the parties, by entering into the Settlement and Commitment Agreement, wish to settle all claims and disputes arising out of the litigation.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Coast, Flagler County, Florida, as follows:

SECTION 1. APPROVAL OF AGREEMENT. The City Council of the City of Palm Coast hereby approves the terms and conditions of the Settlement and Commitment Agreement betweenCP and HG Residential Lots, LLC,and the City, as attached hereto and incorporated herein, and referenced by Exhibit “A.”

SECTION 2. AUTHORIZATION TO EXECUTE. The Mayor, or designee, is hereby authorized to execute the necessary documents.

SECTION 3. SEVERABILITY. If any section or portion of a section of this Resolution proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other section or part of this Resolution.

SECTION 4. COPY PROVIDED TO FDCA. Upon full execution and recording of the Settlement and Commitment Agreement, a copy of same shall be furnished to the Planning Division of the Florida Department of Economic Opportunity(formerly FDCA) by the City Manager, or designee.

SECTION 5. CONFLICTS. All resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are hereby repealed.

Section 6. IMPLEMENTING ACTIONS. The City Manager is hereby authorized to take any actions necessary to implement the action taken in this Resolution

.

SECTION 7.EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption by the City Council.

PASSEDand ADOPTED at the meeting of the City Council of the City of Palm Coast, Florida, on this 20thday of March2012.

Attachments: Exhibit “A” - Settlement and Commitment Agreement

Approved as to form and legality

______

William E. Reischmann, Jr., Esq.

City Attorney

Resolution 2012-______

1 of 3