TAMPA WATER DATE Supplying Water To TTie Region TO* AGENDA ITEM G1 June 3, 2008 Tampa Bay Water Board of Directors FROM: Richard A. Lotspeich, General Counsel SUBJECT: Saddlewood Estates. Inc. v. Tampa Bay Water. Case No. 99-1776-CA, Div. B (Pasco County Circuit Court) SUMMARY: Saddlewood Estates, Inc., has agreed to settle this long-standing dispute regarding flooding in the vicinity of the Cypress Creek Wellfield. RECOMMENDATION: Approve Settlement Agreement. COST/FUNDING SOURCE: Rate Stabilization Account Legal Reserve, to the extent funds can be made available for this purpose, with remainder to be provided from the 2008 rate budget and the general Rate Stabilization Account as necessary. DISCUSSION: Following Board discussion of this case in April 2008, settlement discussions were pursued with Saddlewood Estates, Inc. These discussions have resulted in a proposed Settlement Agreement for the Board's consideration. The attached memorandum from Special Counsel Richard Harrison provides a brief history of the case and identifies the essential terms of the Settlement Agreement. RAL/rak Attachment t:\gen_counsel\buenaventura\board\saddlewood 6-08.doc
Transcript
TAMPA
WATER DATESupplying Water To TTie Region TO*
AGENDA ITEM G1
June 3, 2008
Tampa Bay WaterBoard of Directors
FROM: Richard A. Lotspeich, General Counsel
SUBJECT: Saddlewood Estates. Inc. v. Tampa Bay Water. Case No. 99-1776-CA, Div.B (Pasco County Circuit Court)
SUMMARY: Saddlewood Estates, Inc., has agreed to settle this long-standing disputeregarding flooding in the vicinity of the Cypress Creek Wellfield.
RECOMMENDATION: Approve Settlement Agreement.
COST/FUNDING SOURCE: Rate Stabilization Account Legal Reserve, to the extentfunds can be made available for this purpose, with remainder to be provided from the 2008rate budget and the general Rate Stabilization Account as necessary.
DISCUSSION: Following Board discussion of this case in April 2008, settlementdiscussions were pursued with Saddlewood Estates, Inc. These discussions have resultedin a proposed Settlement Agreement for the Board's consideration. The attachedmemorandum from Special Counsel Richard Harrison provides a brief history of the caseand identifies the essential terms of the Settlement Agreement.
Re: Saddlewood Estates v. Tampa Bay Water, Pasco County CircuitCourt Case No. 99-1776-CA, Dlv. BSettlement Recommendation
SUMMARY: This Memorandum outlines the terms of the SettlementAgreement that has been negotiated in the above-referenced case, subjectto approval by Tampa Bay Water's Board of Directors. As special litigationcounsel to Tampa Bay Water in this matter, we recommend approval of theSettlement Agreement as set forth herein.
BACKGROUND: This case is a long-standing surface water disputeinvolving Tampa Bay Water's Cypress Creek Wellfield, located in centralPasco County, and the adjoining residential subdivision of SaddlewoodEstates.
During the El Nino event that occurred in 1997-1998, Saddlewood Estatesexperienced significant flooding within the portion of the subdivision knownas Phase II. Phase II was then developed with roads and otherinfrastructure and the developer was in the process of selling the homesites.Flooding was also experienced in the area to the north known as Phase III,which was not then being developed.
Saddlewood attributed the flooding to conditions on the Wellfield.Specifically, Saddlewood contended that the paved surface road that runs toProduction Well No. 13 caused water to impound north of the road andultimately to flow back onto Saddlewood's property causing the floodingconditions. The Welffield road was constructed in approximately 1979-1980.
Saddlewood filed its lawsuit in January 1999. The Saddlewood EstatesHomeowners' Association later joined in the lawsuit.
During the pendency of the suit, Saddlewood experienced floodingconditions again in December 2002-August 2003 and in August 2005.
The original lawsuit sought compensation based on claims of inversecondemnation for alleged temporary and permanent takings of Phase III,asserted tort claims for other damages allegedly incurred by the developer,including alleged lost profits in the range of $672,000-$1,120,000, andsought injunctive and equitable relief to prevent flooding.
A partial settlement was reached in approximately October 2003 andapproved by Tampa Bay Water's Board of Directors. Pursuant to thatagreement, Tampa Bay Water agreed to seek funding and permits forcertain improvements to the Wellfield to address localized flooding issues inconjunction with the Cypress Creek Wellfield Surface Water ManagementPlan project that was already underway. Funding and permits wereapproved and the construction was completed by approximately June 2007.The improvements include enhanced drainage features at Dye's Crossing,an earthen berm along the southern boundary of the wellfield to create asubstantial storage capacity downstream of the service road, and a systemof pipes to convey surface water to designated wetlands on the Wellfield.
Saddlewood and the Homeowners' Association were not satisfied that theseimprovements would significantly improve conditions within the subdivision.Thus, they amended the lawsuit to assert additional claims for damages andinjunctive relief based on alleged breaches of the partial settlementagreement.
The case has been previously set for trial on several occasions but, for avariety of reasons, did not proceed to trial. The matter is now set for a three-week trial starting August 18, 2008, and the trial judge has indicated a clearintention that the case will be tried at that time.
SETTLEMENT AGREEMENT: In April, another round of settlementnegotiations was commenced. Those discussions have resulted in aSettlement Agreement which has, as its essential terms, the following:
1. Saddlewood will grant Tampa Bay Water a perpetual drainageeasement over the still undeveloped Phase III property, then deedPhase III to the Homeowners' Association, subject to that easement,to be held by it as a common area for the benefit of the residents;
2. Tampa Bay Water will prepare to undertake any emergency pumpingthat might be approved by the District in the future by constructing anarea near Dye's Crossing that can support the installation of pumpsand by ensuring that electrical service to that area is available;
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3. In the event of any future flooding in Saddlewood, the Homeowners'Association can request authorization from the District for Tampa BayWater to pump water over the road to the area south of the road toalleviate flooding. Any pumping can occur only with authorization bythe District and in accordance with any conditions or limitations onsuch pumping as may be imposed by the District;
4. Tampa Bay Water will pay Saddlewood the total sum of $2,000,000 infull and final settlement of all claims for full compensation, damages,attorneys' fees, costs and interest. No compensation is being paid tothe Homeowners' Association;
5. Saddlewood and the Homeowners' Association will provide GeneralReleases in favor of Tampa Bay Water;
6. The lawsuit will be dismissed, with all parties bearing their ownattorneys' fees and costs of litigation.
We recommend approval of the Settlement Agreement as outlined above inorder to conclude this protracted litigation, avoid substantial further legalexpenses for trial preparation and a lengthy trial, and to avoid exposure to asubstantial judgment in the event of an adverse ruling at trial. A copy of theSettlement Agreement is attached hereto for your reference.
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SETTLEMENT AGREEMENT
This Settlement Agreement is made and entered into by and between TampaBay Water, A Regional Water Supply Authority ("Tampa Bay Water"), SaddlewoodEstates, Inc., a Florida corporation and Saddlewood Estates Homeowners' Association,Inc., a Florida not for profit corporation (the "Association"), hereinafter collectivelyreferred to as "the Parties," as follows:
Recitals
WHEREAS, Tampa Bay Water is a regional water supply authority created andexisting pursuant to Florida Statutes §§ 373.1962, 373.1963 and 163.01 and aninteriocal agreement among its member governments (Pasco County, Pinellas County,Hillsborough County, the City of Tampa, the City of St. Petersburg and the City of NewPort Richey); and
WHEREAS, Tampa Bay Water manages and operates the facility known as theCypress Creek Wellfield (the "Wellfield") in central Pasco County, Florida; and
WHEREAS, Saddlewood Estates, Inc. is a Florida corporation engaged in thebusiness of residential real estate development and is the developer of a residentialsubdivision in Pasco County, Florida, known as "Saddlewood Estates" or the"Homesteads of Saddlewood," said residential subdivision being hereinafter referred toas "Saddlewood Estates"; and
WHEREAS, Saddlewood Estates, Inc. and its shareholders (collectively"Saddlewood") have respectively authorized and consented to Saddlewood Estates,Inc.'s entry into the this Settlement Agreement in consideration of the terms andconditions of this Settlement Agreement, including, among others, the shareholderstransfer of all the outstanding shares of Saddlewood Estates, Inc. to the Association;and
WHEREAS, the Association is a not for profit Florida corporation existingpursuant to Chapter 617, Florida Statutes, for the purposes of, among other things,maintenance, preservation and architectural control and the promotion of the health,safety and welfare of the residents within Saddlewood Estates; and
WHEREAS, the Association is further responsible for the operation andmaintenance of common elements within Saddlewood Estates, including specifically,but not limited to, the surface water management system as permitted by the SouthwestFlorida Water Management District (the "District"), including all lakes, retention areas,water management culverts, and structures and related appurtenances; and
WHEREAS, Saddlewood Estates is located immediately east of and adjacent tothe eastern boundary of the Cypress Creek Wellfield; and
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WHEREAS, Saddlewood, the Association and Tampa Bay Water have becomeaware of certain matters and conditions related to stormwater and surface waters withinthe general region of central Pasco County that include the Cypress Creek Wellfield,Saddlewood Estates, and the Quail Hollow neighborhood ("Quail Hollow"); and
WHEREAS, Saddlewood, the Association and Tampa Bay Water have becomeaware, specifically, that during periods of heavy, continuous or prolonged rainfall, thereare numerous locations within the general region that includes the Wellfield,Saddlewood Estates, and Quail Hollow that are and have been susceptible to theaccumulation of substantial and undesirable volumes of diffused surface water; and
WHEREAS, beginning on or about December 25, 1997, and extendingthroughout approximately March 1998, Saddlewood experienced a period of flooding atcertain locations within Phases II and III of Saddlewood Estates, during which periodimpounded water allegedly accumulated on certain unimproved homesites androadways, interfered with or obstructed access to certain homesites, and damagedimprovements within Saddlewood Estates; and
WHEREAS, Saddlewood and the Association contend that Tampa Bay Water'sconstruction and maintenance of an access road at a location known as Dye's Crossingis causing and/or contributing to the flooding Saddlewood Estates experienced; and
WHEREAS, similar conditions were experienced within Phases II and HI ofSaddlewood Estates during October 1998, December 2002 through August 2003, andAugust 2005; and
WHEREAS, the surface water conditions within Saddlewood Estates and in thevicinity of the Wellfield have been and continue to be the subject of that certain lawsuitstyled Saddlewood Estates, Inc. vs, Tampa Bay Water f/k/a West Coast Regional WaterSupply Authority and the City of St. Petersburg, Pasco County Circuit Court Case No.:99-1776-CA, Division B (hereinafter, the "Litigation"); and
WHEREAS, Saddlewood, the Association and Tampa Bay Water have eachexpended substantial time, effort and expense in the study and analysis of surfacewater issues upon or within their respective properties and the general region of thoseproperties; and
WHEREAS, Saddlewood, the Association and Tampa Bay Water, in conjunctionwith the District and other participating property owners affected by surface water anddrainage issues within the region, identified a number of steps that they believe would, ifimplemented, improve surface water and drainage conditions in the region to the benefitof Saddlewood Estates, Quail Hollow, and other residential areas within the region andwould, further, improve environmental and ecological conditions within the Wellfield andpotentially enhance the production capability thereof; and
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WHEREAS, on or about April 29, 2005, Tampa Bay Water applied to the Districtfor an Environmental Resource Permit for the Wellfield project known and referred to asthe Cypress Creek Wellfield Surface Water Management Project (the "Project"), whichProject incorporates certain improvements designed and intended by Tampa Bay Waterto increase the flow through Dye's Crossing, store surface water on the Wellfield southof Dye's Crossing, and otherwise improve surface water and drainage conditions in theregion, and to reduce the likelihood of flooding in Saddlewood Estates and the durationof any such flooding that might occur; and
WHEREAS, Saddlewood and the Association contend that the Project does notprovide meaningful flood relief to Saddiewood Estates; and
WHEREAS, on or about July 31, 2006, the District issued to Tampa Bay WaterEnvironmental Resource Permit No.: 43025677.001 authorizing the construction of theProject; and
WHEREAS, Tampa Bay Water has completed construction of the Project andTampa Bay Water's engineers have certified substantial completion of the Project as ofJune 22, 2007, and recommended conditional acceptance of the Project by Tampa BayWater as of June 25, 2007; and
WHEREAS, the Parties now desire to fully and finally resolve the Litigation in amanner that will meet the needs of Tampa Bay Water, Saddlewood and the Association,will avoid the further time, expense and risks of litigation, will provide certainty of resultthat cannot be achieved through continuing the Litigation, as is otherwise in the publicinterest.
NOW, THEREFORE, in consideration of the mutual promises and covenantsherein expressed, the sufficiency of which is acknowledged by the Parties, Saddlewood,the Association and Tampa Bay Water do hereby agree as follows:
1 Recitals. The foregoing recitals are in integral part of this SettlementAgreement and are hereby incorporated by reference as though fully set forth herein.
2. Effective Date. This Settlement Agreement shall be effective as of thedate it is approved by Tampa Bay Water's Board of Directors as required by Section 9of this Settlement Agreement (the "Effective Date").
3. Grant of Easement. At closing of this Settlement Agreement by theParties to be held on or before July 17, 2008, at a location to be mutually agreed uponby the parties in advance, Saddlewood shall execute and deliver to Tampa Bay Water aStormwater and Surface Drainage Easement {the "Easement") with respect to thatundeveloped portion of Saddlewood Estates commonly known and hereinafter referredto as "Phase III," the form of said Easement being attached hereto as Exhibit A. Thelegal description of Phase III is attached hereto as Exhibit B. The Easement shall beduly executed in recordable form and shall be recorded in the Official Records of Pasco
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County, Florida, prior to recordation of the conveyance of Phase 111 to the Associationpursuant to Section 4(a) of this Settlement Agreement. Tampa Bay Water shall recordthe Easement promptly and shall bear the cost of recording the Easement.
4. (a) Conveyance of Phase 111. At the closing of this Settlement Agreement,Saddlewood shall convey fee simple title to Phase 111 to the Association by executionand delivery of a Special Warranty Deed in the form attached hereto as Exhibit C, freeand clear of all liens and encumbrances except current taxes (which shall be proratedbetween Saddlewood and the Association to date of closing), the Easement required bySection 3 of this Settlement Agreement and any conservation easements notinconsistent with Tampa Bay Water's enjoyment of the Easement required underSection 3. The costs of recording the Special Warranty Deed and any associateddocumentary stamps or intangible taxes shall be borne by Saddlewood.
(b) Restrictions on Use. Title to Phase III shall be held by the Association asa "Common Area" or "Common Properties" as defined in Article I, Section 1(i), of theDeclaration of Covenants, Conditions and Restrictions for Saddlewood Estatesrecorded at O.R. Book 1986, Pages 0197-0218, Official Records of Pasco County,Florida, as amended, and shall be used by the Association solely for recreational(including the storage of recreational vehicles) or conservation purposes.
5. Compensation to Saddlewood. At closing of this Settlement AgreementTampa Bay Water shall pay Saddlewood the sum of Two Million Dollars($2,000,000.00) as full and final compensation for all claims made or which could havebeen made by Saddlewood against Tampa Bay Water in the Litigation and inconsideration of the transfer of all outstanding shares of Saddlewood Estates, Inc. to theAssociation. The compensation provided for herein includes all damages, interest,costs, attorneys' fees and other expenses and is the sole and exclusive compensationto which Saddlewood is entitled and which Tampa Bay Water is obligated to paypursuant to this Settlement Agreement.
6. Precautionary WellField Improvements and Emergency Pumping for FutureFlood Relief. The Parties recognize that, notwithstanding the Project, certain conditionsbeyond the control of the Parties (including but not limited to the extent and duration ofrainfall and antecedent conditions in the vicinity of the Wellfield and SaddlewoodEstates) may result in undesirable surface water conditions within Phase II ofSaddlewood Estates, The Parties further recognize that they disagree as to whetherand the extent to which the Project provides meaningful flood relief to SaddlewoodEstates. The Parties accordingly wish to provide for certain precautionary Wellfieldimprovements that will be undertaken as provided herein, and to establish a procedureby which emergency measures may be promptly undertaken in the future in the eventPhase II of Saddlewood Estates is threatened with or suffers flooding conditions. Tothat end, the Parties agree as follows:
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A. Precautionary Wellfield improvements
(i) Site Improvements and Electrical Service: Tampa Bay Water shalldesign, construct and install on the Wellfield in the vicinity of Dye's Crossing thenecessary site improvements sufficient to allow the installation, maintenance andoperation of at least two (2) 11 c.f.s. capacity pumps (the "Site Improvements"). TampaBay Water will also provide electrical service to the pump sites sufficient to operate atleast two (2) such pumps. The Site Improvements and electrical service shall bedesigned, constructed and installed at Tampa Bay Water's sole expense.
(ii) Permitting: The construction and installation of the SiteImprovements and electrical service are subject to all applicable construction,environmental and other permitting requirements, including but not limited to anypermits that may be required by Pasco County, the District, the State of Florida or theU.S. Army Corps of Engineers.
Procurement of Services: The design, permitting, construction andinstallation of the Site Improvements and electrical service required by this Section 6shall be procured in accordance with Tampa Bay Water's competitive procurementpolicies and rules and in accordance with applicable law. Within ninety (90) days afterthe Effective Date, Tampa Bay Water will initiate the process necessary to design,permit, contract for and install the Site Improvements and electrical service required bythis Section 6.
B. Emergency Pumping for Future Flood Relief
(i) Request for Emergency Relief: In the event the Associationdetermines at any time in the future that Phase II of Saddlewood Estates is threatenedwith imminent, flood conditions or such conditions actually arise within Phase II ofSaddlewood Estates, then the Association may request the District to authorizeemergency pumping of surface waters from the north side of Dye's Crossing to thesouth side thereof. The Association shall immediately provide Tampa Bay Water withwritten notice of any such request made by the Association to the District.
(ii) Emergency Pumping: To the extent any such emergency pumpingis authorized by the District, Tampa Bay Water shall provide and install, at its soleexpense, not more than two (2) pumps, the cumulative pumping capacity of which shallbe sufficient to conduct such emergency pumping as authorized by the District. TampaBay Water shall provide, install and operate such pumps only in accordance with anyauthorization and permits granted by the District, and only under such conditions,requirements and limitations as the District may impose.
C. Association's Duty to Maintain Surface Water System. Nothing set forth inthis Settlement Agreement shall relieve or shall be construed to relieve the Associationof its duty to properly maintain the surface water management system within
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Saddlewood Estates, including but not limited to all ditches, swales, conveyances,wetlands and structures comprising said system as permitted by the District.
D. Survival. The provisions of this Paragraph 6 shall survive full execution ofthis Settlement Agreement and related settlement documents.
7. Releases. At the closing of this Settlement Agreement, Saddlewood and theAssociation shall execute and deliver to Tampa Bay Water the General Release in theform attached hereto as Exhibit D.
8. Dismissal of the Litigation. The Parties shall execute and ftle in the Litigationa Stipulation for Voluntary Dismissal With Prejudice in the form attached hereto asExhibit E within five (5) days of the recording of the Easement, the recording of theWarranty Deed, or the payment to Saddlewood by Tampa Bay Water, whichever lastoccurs.
9. Approval bv Tampa Bay Water. The effectiveness of this SettlementAgreement is expressly contingent upon the unconditional approval by Tampa BayWater's Board of Directors on or before June 16, 2008. By their signatures below,Richard A. Lotspeich, as General Counsel of Tampa Bay Water, and Richard A.Harrison, as special litigation counsel to Tampa Bay Water, represent that they willrecommend approval of this Settlement Agreement to the Board of Directors of TampaBay Water. In the event this Settlement Agreement is not unconditionally approved byTampa Bay Water's Board of Directors on or before June 16, 2008, then this SettlementAgreement shall be null and void and shall be of no legal force or effect.
10. Informal Abatement of Lawsuit. The Parties agree that no hearings,depositions or other actions shall be taken in the Litigation from the date this SettlementAgreement is executed by all Parties until July 17, 2008. All matters currentlyscheduled shall be cancelled or postponed by the Parties until July 17, 2008. TheParties further agree that if this Settlement Agreement is not approved by the TampaBay Water Board of Directors on or before June 16, 2008, or, if approved, theAgreement is not closed by July 17, 2008, any hearings, depositions or other actionscancelled or postponed pursuant to this section shall be held, conducted or taken duringthe month of July, and that the Parties will by stipulation amend the previously enteredOrder Setting Jury Trial and Pre-Trial, as amended to effectuate this rescheduling.Neither the entry into this Settlement Agreement by a party, the failure by the TampaBay Water Board of Directors to approve the Settlement Agreement, nor the informalabatement of the pending litigation under this section shall constitute grounds forcontinuation of the trial presently scheduled in the Litigation. Nor shall the failure of oneparty to fulfill its obligations to close this Settlement Agreement constitute grounds forthat party to seek continuation of the trial presently scheduled in the Litigation.
11. No Admission of Liability. Nothing contained in this Settlement Agreementshall be construed as an admission by any party to this Settlement Agreement of any
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liability of any kind to any other party or to any other person, any and all such liabilitybeing expressly denied. This Settlement Agreement shall not be admissible asevidence or used for any purpose at trial in any subsequent legal proceeding betweenor among any of the Parties, except a proceeding to enforce the terms of the SettlementAgreement.
12. Entire Agreement. This Settlement Agreement represents the full, final andcomplete understanding of the Parties with respect the subject matter hereof andsupersedes any prior agreements, understandings or representations with respectthereto.
13. Venue for Enforcement. Any legal action brought to construe or enforce orotherwise arising out of this Settlement Agreement shall be governed by the law of theState of Florida and venue for any such action shall be in Pasco County, Florida.
14. Time for Performance, Time is of the essence in the performance of thisSettlement Agreement. Unless expressly stated otherwise, the word "days" as usedherein shall mean calendar days.
Saddlewood Estates, Inc. Counsel for Saddlewood Estates, Inc.
By: By:
Print: Print: David Smolker, EsquireFlorida Bar No. 349259
As Its:Date:
Date:
Saddlewood Estates Homeowners' Counsel for Saddlewood EstatesAssociation, Inc. Homeowners' Association, Inc.
By: By:
Print: Print: Jacob I. Reiber, EsquireFlorida Bar No. 240036
As Its:Date:
Date:
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Tampa Bay Water, A Regional Water General Manager, Tampa Bay Water, ASupply Authority Regional Water Supply Authority
By: By:
Print: Print: Gerald J. Seeber
Title: Date:
Date:
General Counsel, Tampa Bay Water, ARegional Water Supply Authority
By:
Print: Richard A. Lotspeich, EsquireFlorida Bar No. 593060
Date:
Special Counsel for Tampa Bay Water,A Regional Water Supply Authority
By:
Print: Richard A. Harrison, EsquireFlorida Bar No. 602493
11. No Admission of Liability. Nothing contained in this Settlement Agreementshall be construed as an admission by any party to this Settlement Agreement of anyliability of any kind to any other party or to any other person, any and all such liabilitybeing expressly denied. This Settlement Agreement shall not be admissible asevidence or used for any purpose at trial in any subsequent legal proceeding betweenor among any of the Parties, except a proceeding to enforce the terms of the SettlementAgreement.
12. Entire Agreement. This Settlement Agreement represents the full, final andcomplete understanding of the Parties with respect the subject matter hereof andsupersedes any prior agreements, understandings or representations with respectthereto.
13. Venue for Enforcement. Any legal action brought to construe or enforce orotherwise arising out of this Settlement Agreement shall be governed by the law of theState of Florida and venue for any such action shall be in Pasco County, Florida.
14. Time for Performance. Time Is of the essence in the performance of thisSettlement Agreement Unless expressly stated otherwise, the word "days" as usedherein shall mean calendar days.
Counsel for Saddlewood Estates, Inc.
By:
Prink David Smolker, EsquireFlorida Bar No. 349259
Date:
Saddlewood Estates Homeowners' Counsel for Saddlewood EstatesAssociation, Inc. Homeowners' Association, Inc.
By: _ . _ By: _
Print Print Jacob I. Relber, EsquireFlorida Bar No. 240036
As Its:Date:
Date:
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MRY-29-200B 15:32 P.
liability of any kind to any other party or to any other person, any and all such liabilitybeing expressly denied. This Settlement Agreement shall not be admissible asevidence or used for any purpose at trial in any subsequent legal proceeding betweenor among any of the Parties, except a proceeding to enforce the terms of the SettlementAgreement.
12. Entire Agreement. This Settlement Agreement represents the full, final andcomplete understanding of the Parties with respect the subject matter hereof andsupersedes any prior agreements, understandings or representations with respectthereto.
13. Venue for Enforcement. Any legal action brought to construe or enforce orotherwise arising out of this Settlement Agreement shall be governed by the law of theState of Florida and venue for any such action shall be In Pasco County, Florida.
14. Time for Performance. Time is of the essence in the performance of thisSettlement Agreement. Unless expressly stated otherwise, the word "days" as usedherein shall mean calendar days.
Saddlewood Estates, Inc. Counsel/or Spdglejh/fiod ̂ stgtes, Inc.
By:
Print: Print: David Smolker, EsquireFlorida Bar No. 349259
As Its:Date: S-Xl-S-OoS
Date:
Saddlewood Estates Homeowners' Counsel for Saddlewood EstatesAssociation, Inc. Homeowners' Association, inc.
By: By:
Print: Print: Jacob I. Reiber, EsquireFlorida Bar No. 240036
As Its:Date:
Date:
s T -r« TOTRL P. 02
Tampa Bay Water, A Regional Water General Manager, Tampa Bay Water, ASupply Authority Regional Water Supply Authority
By: By:_ , „_
Print: Print; Gerald J, Seeber
Title: Pate: .__
Date;
General Counsel, Tampa Bay Water, ARegional Water Supply Authority
Print: Richard A. Lbtspeich, EsquireFlorida Bar No. 593060
Date:
Special Counsel for Tampa Bay Water,A IRecJionaIAWatejr Sijuppty Authortt
Print; Richard A, Harrison, EsquireFlorida Bar No, 602493
Date:
Page 8 of 8
KX uace/iime MHy-JU-euuuit-Ki; ia:bbMay. 30. 2008 3:01PM JACOB REI8ER, ESQUIRE
p. DQ?No. 7036 P. 2/2
11. No Admission of Liability. Nothing contained in this Settlement Agreementshall be construed as an admission by any party to this Settlement Agreement of anyliability of any kind to any other party or to any other person, any and ail such liabilitybeing expressly dented. This Settlement Agreement shall not be admissible asevidence or used for any purpose at trial in any subsequent legal proceeding betweenor among any of the Parties, except a proceeding to enforce the terms of the SettlementAgreement.
12. Entire Agreement. This Settlement Agreement represents the full, final andcomplete understanding of the Parties with respect the subject matter hereof andsupersedes any prior agreements, understandings or representations with respectthereto.
13. Venue for Enforcement. Any legal action brought to construe or enforce orotherwise arising out of this Settlement Agreement shall be governed by the law of theState of Florida and venue for any such action shall be in Pasco County, Florida.
14. Time for Performance. Time is of the essence in the performance of thisSettlement Agreement Unless expressly stated otherwise, the word "days" as usedherein shall mean calendar days.
Saddlewood Estates, Inc.
By:
Print:
As Its:.
Date:
Saddlewood Estates Homeowners'Association, Inc.
Counsel for Saddlewood Estates, Inc.
By:
Print: David Smolker, EsquireFlorida Bar No. 349259
Date:
Counsel for Saddlewood EstatesHomeowners^ Association, Inc.
t: Jacob I. Reiber, EsquireFlorida Bar No. 240036
Date:
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THIS INSTRUMENT WAS PREPARED BYAND SHOULD BE RETURNED TO:
RICHARD A. HARRISON., EsquireAllan Dell, PA.202 S. Rome Ave.-Suite 100Tampa, FL 33606(813)223-5351
EASEMENT FOR STORMWATER AND SURFACE WATER DRAINAGE
THIS EASEMENT made this day of , 2008, betweenSaddlewood Estates, Inc., a Florida corporation, whose address is 1311 N. ChurchAvenue, Tampa, FL 33607, (hereinafter referred to as "Grantor"), being title holder anddeveloper of certain property located in Pasco County, Florida, said property beingcommonly known and referred to as "Saddlewood Estates Phase III" and being legallydescribed in the attached and incorporated Exhibit A, (hereinafter referred to as the"Property") and Tampa Bay Water, A Regional Water Supply Authority, whoseaddress is 2575 Enterprise Road, Clearwater, FL 33763 (hereinafter referred to as"Grantee"):
Grantor, in consideration of One ($1.00) Dollar, and other good and valuableconsideration, the receipt and sufficiency of which is hereby acknowledged, on behalf ofitself, its successors, assigns and transferees, does hereby grant and convey toGrantee, a non-exclusive, perpetual easement for purposes of stormwater and surfacewater drainage over, upon, across, onto, into, under or through the entirety of theProperty.
This Easement is for the benefit of the Grantee's property located in PascoCounty, Florida, said property being commonly known and referred to as the CypressCreek Wellfield (hereinafter referred to as the "Wellfieid") and is for the express purposeof allowing stormwater and surface waters emanating from the Wellfield to flow over,upon, across, through, into, onto and under the Property.
The stormwater and surface waters contemplated by this Easement are suchwaters as may naturally accumulate on the Wellfield property north of the service roadthrough the area known as Dye's Crossing within the Dye's Crossing Flood Plain, andthen flow over, upon, across, onto, into, under or through the Property. This Easementdoes not authorize Grantee to increase the quantity of stormwater or surface waters thatmay flow over, upon, across, onto, into, under or through the Property by pumping,diverting or conveying any waters onto the Property or by pumping, diverting, orconveying stormwater or surface waters from any other portion of the Wellfield onto theProperty. Nothing herein shall in any way modify Tampa Bay Water's obligations toprovide the Precautionary Wellfield Improvements and Emergency Pumping for FutureFlood Relief contemplated provided under Section 6 of that certain SettlementAgreement simultaneously entered into by and between Tampa Bay Water,Saddlewood Estates, Inc. and the Saddlewood Estates Homeowner Association, Inc..
The Grantor shall maintain the Property in substantially the same condition as itwas at the time of this conveyance. Grantor shall be prohibited from altering or placinganything in or on the Property which shall obstruct or impede the flow of stormwater orsurface waters draining from the Wellfield. Grantor agrees not to build or to convey toothers permission to build any structures or improvements on, over, across, in, through,or under the Property or to develop or allow the development of the property in anymanner which obstructs the flow of stormwater or surface waters from the Wellfield.However, the Grantor may construct or install surface improvements to the property,including landscaping, utilities or similar improvements, including wetland impactmitigation, which improvements do not interfere with Grantee's use or enjoyment of thisEasement, and may set aside an area for the storage of trailers and recreationalvehicles.
Grantee shall be permitted to enter upon the Property for the purpose ofexercising the rights and privileges granted herein.
This instrument shall run with the land first described above and shall be bindingupon and inure to the benefit of the Grantor, Grantee, and their respectiverepresentatives, successors and assigns forever.
IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal theday and year first above written.
Signed, sealed and delivered in our presence: SADDLEWOOD ESTATES, INC.,a Florida corporation,
By:
Title:[PRINT WITNESS NAME] Address: 1311 N. Church Ave.
Tampa, FL 33607
[PRINT WITNESS NAME]
STATE OF FLORIDACOUNTY OF PASCO
The foregoing instrument was acknowledged before me this day of, 2008 by as of
Saddlewood Estates, Inc., who is personally known to me or who producedas identification.
NOTARY PUBLIC STATE OF FLORIDACommission NumberExpiration Date
EXHIBIT "A"
LEGAL DESCRIPTION: (PARCEL I)
Part of the East 1/2 of Section 24, Township 25 South, Range19 Base, Pasco Councy, Florida;
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Commence at the Northeast corner of Section 24, Township 25South, Range 19 East, Pasco County, Florida; thence N89°54'50" W, along the North boundary of said Section 24, adistance of 1040.03 feet to the POINT OF BEGINNING; thence S00°30'40n W, parallel with and 1040.03 feet West of the Eastboundary of said Section 24, a distance of 1259.32 feet;thence S 38023'24" W, a distance of 603.84 feet; thence SB9°54~13" W, a distance of 900.00 feet; thence Southwesterly20.36 feet along an arc of a curve to the right, having aradius of 1043.00 feet, and a chord bearing and distance ofS 07el3'39" W, 20.35 feet; thence S 07°47I12" W, a distanceof 50.29 feet; thence S B9054'13" W, a distance of 617.88feet to the West boundary of the East 1/2 of said Section24; thence N 00°05I47"E, along the West boundary of the Ease1/2 of Section 24, a distance of 1808.00 feet to theNorthwest corner of the East 1/2 of said Section 24; thenceS a9D54'50"E, along the North boundary of said Section 24, adistance of 1910.44 feet to the POINT OF BEGINNING.
EXHIBIT
THIS INSTRUMENT WAS PREPARED BYAND SHOULD BE RETURNED TO:
RICHARD A. HARRISON., EsquireAllan Dell, P.A.202 S. Rome Ave.-Suite 100Tampa, FL 33606(813) 223-5351
THIS INDENTURE, made this day of , 2008, BetweenSaddlewood Estates, Inc., Grantor, whose address is 1311 N. Church Ave., Tampa,FL 33607, Grantor, and Saddlewood Estates Homeowners Association, Inc. whoseaddress is 4131 Gunn Hwy, Tampa, FL 33624.
WITNESSETH that said Grantor, for and in consideration of the sum of Ten andno/100 Dollars, and other good and valuable consideration to said Grantor in hand paid,the receipt whereof is hereby acknowledged, has granted, bargained and sold to thesaid Grantee, its successors and assigns forever, the following described land, situate,lying and being in Pasco County, Florida, to wit:
Saddlewood Estates, Phase III, being legally described inExhibit A attached hereto
to have and hold said land as a "Common Area" or "Common Properties" as defined inArticle I, Section 1{i) of the Declaration of Covenants, Conditions and Restrictions forSaddlewood Estates recorded at O.R. Book 1986, Pages 0197-0218, Official Recordsof Pasco County, Florida, as amended, and to be used by Grantee solely forrecreational (including the storage of recreational vehicles) or conservation purposes.Grantor does hereby fully warrant the title to said land, and will defend the same againstthe lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal theday and year first above written.
Signed, sealed and delivered in our presence: SADDLEWOOD ESTATES, INC.,a Florida corporation,
By:
Title:[PRINT WITNESS NAME] Address: 1311 N. Church Ave.
Tampa, FL 33607
[PRINT WITNESS NAME]
STATE OF FLORIDACOUNTY OF PASCO
The foregoing instrument was acknowledged before me this day of_, 2008 by as of
Saddlewood Estates, Inc., who is personally known to me or who producedas identification.
NOTARY PUBLIC STATE OF FLORIDACommission NumberExpiration Date
GENERAL RELEASE
For and in consideration often dollars ($10.00) and other good and valuableconsideration, including compliance with the Settlement Agreement entered into on
, 2008 by and between Tampa Bay Water, A Regional WaterSupply Authority ("Tampa Bay Water"), Saddlewood Estates, Inc., a Florida corporation("Saddlewood") and Saddlewood Estates Homeowners' Association, Inc., a Floridacorporation (the "Association"), hereinafter collectively referred to as "the Parties," thesufficiency of which is hereby acknowledged, Saddlewood and the Association, and alltheir past and present shareholders, officers, directors, employees, agents, successors,predecessors, parents, subsidiaries, affiliates, heirs, executors, administrators andassigns of each of the above referenced persons and entities, hereby release TampaBay Water, and all of its past and present directors, officers, employees, agents,successors, predecessors, affiliates, member governments, administrators and assigns,from any and all claims, actions, causes of action, legal or equitable, demands, rights,damages, losses, costs, expenses, attorneys' fees and compensation of whatsoeverkind or nature which Saddlewood or the Association now has or which may hereafteraccrue on account of or in any way growing out of any and all known and unknown,foreseen and unforeseen, developed and undeveloped losses, injuries or damages, andthe consequences thereof arising, or to arise from and resulting, or to result from: (1) allfacts alleged in that certain action pending in the Circuit Court for Hillsborough County,Florida, styled Saddlewood Estates, Inc. vs. Tampa Bay Water f/k/a West CoastRegional Water Supply Authority and the City of St. Petersburg, Pasco County CircuitCourt Case No.: 99-1776-CA, Division B (hereinafter, the "Litigation"); and (2) any andall claims and losses, injuries or damages which were asserted or sought or which couldhave been asserted or sought in the Litigation related to or arising out of Tampa BayWater's management and operation of the Cypress Creek Wellfield, including allimprovements, structures, appurtenances, and surface water management systemslocated within the Cypress Creek Wellfield.
In making this General Release, it is understood and agreed that Saddlewoodand the Association rely wholly upon their own judgment, belief and knowledge of thenature, extent and duration of said losses, injuries or damages, and that norepresentations or statements regarding said losses, injuries or damages or any othermatters made by the Parties hereto, has influenced any of them to any extentwhatsoever in making this General Release.
It is further understood and agreed that the settlement between the Parties is notto be construed as an admission of liability on the part of any Party, it being understoodand agreed that the settlement is the compromise of disputed claims, liability beingexpressly denied by the Parties. Saddlewood and the Association each represent thatthey have the authority to execute this General Release and that they have notassigned any of the claims which they are releasing herein.
THE UNDERSIGNED HAVE READ THE FOREGOING GENERAL RELEASEAND FULLY UNDERSTAND IT, AFTER HAVING FIRST HAD THE OPPORTUNITY TOOBTAIN ADVICE OF COUNSEL OF THEIR OWN CHOOSING. THIS GENERALRELEASE MAY BE SIGNED IN COUNTERPART.
Saddlewood Estates, Inc.
By:
Print:
As Its:.
Date:
Saddlewood Estates Homeowners'Association, Inc.
By:
Print:
As Its:,
Date:
Counsel for Saddlewood Estates, Inc.
By:
Print: David Smolker, EsquireFlorida Bar No. 349259
Date:
Counsel for Saddlewood EstatesHomeowners' Association, Inc.
By:
Print: Jacob I. Reiber, EsquireFlorida Bar No. 240036
Date:
Page 2 of 2
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUITIN AND FOR PASCO COUNTY, FLORIDA
GENERAL CIVIL DIVISION
SADDLEWOOD ESTATES, INC.,
Plaintiff,
v. CASE NO.: 99-1776-CADIVISION: B
TAMPA BAY WATER, f/k/aWEST COAST REGIONAL WATERSUPPLY AUTHORITY and THECITY OF ST. PETERSBURG, amunicipal corporation,
Defendants.
STIPULATION FOR VOLUNTARY DISMISSAL WITH PREJUDICE
Plaintiff, SADDLEWOOD ESTATES, INC., a Florida corporation, Defendant,
TAMPA BAY WATER, A REGIONAL WATER SUPPLY AUTHORITY, and Intervenor,
SADDLEWOOD ESTATES HOMEOWNERS' ASSOCIATION, INC., a Florida
corporation, by and through their respective, undersigned counsel and pursuant to Rule
1.420(a)(1), Fla. R. Civ. P., do hereby stipulate to dismiss this action with prejudice.
DAVID SMOLKER, ESQUIRE RICHARD A. HARRISON, ESQUIREFlorida Bar No.: 349259 Florida Bar No.: 602493Bricklemyer, Smolker & Solves, P.A. Allen Dell, P.A.500 East Kennedy Blvd., Suite 200 202 South Rome Avenue, Suite 100Tampa, Florida 33602 Tampa, Florida 33606Telephone: (813) 223-3888 Telephone: (813) 223-5351Facsimile: (813)228-6422 Facsimile: (813)229-6682Counsel for Plaintiff, Saddlewood Estates, Counsel for Defendant, Tampa Bay WaterInc.Date: Date:
JACOB I. REIBER, ESQUIREFlorida Bar No.: 24003626650 Wesley Chapel Blvd., Suite ALutz, Florida 33559Telephone: (813) 973-0883Facsimile: (813)Counsel for Intervenor, SaddlewoodEstates Homeowners Association, Inc.
