Agenda 07/12/2016 Item #16K2 7/12/2016 16.K.2.
EXECUTIVE SUMMARY
Recommendation to approve a Joint Motion and Stipulated Final Judgment in the amount
of $1,250 for Parcels 101DUE, 102DUE and 102TCE, in the lawsuit captioned Collier
County v. Henry Allen Fish, et al, Case No. 2015-CA-1810, required for the Intersection
Improvement Project No. 60016. (Fiscal Impact: $1,250)
OBJECTIVE: That the Board approve a Joint Motion and Stipulated Final Judgment in the
amount of$1,250.00 concerning Lee County Electric Co-Operative, Inc., and Parcels 101DUE,
l 02DUE and 102TCE for the full compensation, attorney's fees, and any and all other damages
and costs in connection with the construction of roadway and related drainage and utility
improvements at the intersection of Lake Trafford Road and North 19th Street, Immokalee
(Project 60016).
CONSIDERATIONS: On January 6, 2016, Collier County condemned Parcels 101DUE,
102DUE and 102TCE pursuant to an Order of Taking in the lawsuit styled Collier County v.
Henry Allen Fish, et al, Case No. 2015-CA-1810. Through negotiations, Collier County and
Respondent, Lee County Electric Co-Operative, Inc., agreed to total compensation in the amount
of$1,250.00. If approved, the County will be required to pay $1,250.00 for full compensation,
attorney's fees, and any and all other damages and costs to Lee County Electric Co-Operative,
Inc., in connection with the Project.
The County Attorney's Office and Staff recommend approval of this Stipulated Final Judgment
since a better result is not anticipated at trial. Upon approval, the County Attorney's Office will
file the Joint Motion and Stipulated Final Judgment with the Circuit Court.
FISCAL IMPACT: Funds in the amount of $1,250.00 will be paid from gas taxes and/or
impact fees from Lake Trafford Road / North 19th Street Project No. 60016. The primary
funding source for the acquisition of right-of-way is impact fees. Should impact fees not be
sufficient within a particular project, the secondary funding source will be gas taxes.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been prepared by the County Attorney's Office,
is approved as to form and legality, and requires a majority vote for Board approval. —JAB
RECOMMENDATION: That the Board of County Commissioners approve the attached Joint
Motion and Stipulated Final Judgment, and authorizes the payment of funds as stated herein.
Prepared By: Jennifer A. Belpedio, Assistant County Attorney
Attachments: Joint Motion and Stipulated Final Judgment
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.2.
Item Summary: Recommendation to approve a Joint Motion and Stipulated Final
Judgment in the amount of$1,250 for Parcels 101DUE, 102DUE and 102TCE, in the lawsuit
captioned Collier County v. Henry Allen Fish, et al, Case No. 2015-CA-1810, required for the
Intersection Improvement Project No. 60016. (Fiscal Impact: $1,250)
Meeting Date: 7/12/2016
Prepared By
Name:NeetVirginia
Title: Legal Assistant/Paralegal, CAO Office Administration
6/27/2016 11:06:48 AM
Submitted by
Title: Legal Assistant/Paralegal, CAO Office Administration
Name: NeetVirginia
6/27/2016 11:06:50 AM
Approved By
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 6/27/2016 11:20:32 AM
Name: KearnsAllison
Title: Manager-Financial &Operational Sprt, Capital Construction&Maintenance Budget/Fiscal
Date: 6/27/2016 11:49:28 AM
Name: TaylorLisa
Title: Management/Budget Analyst, Senior, Capital Construction&Maintenance Budget/Fiscal
Date: 6/27/2016 3:13:42 PM
Name: AhmadJay
Title: Division Director-Transportation Eng, Transportation Engineering&Construction Management
Date: 6/28/2016 10:50:08 AM
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Name: FrenchJames
Title: Deputy Department Head-GMD, Growth Management Department
Date: 6/30/2016 10:25:14 AM
Name: HendricksKevin
Title: Manager-Right of Way, Transportation Engineering&Construction Management
Date: 7/1/2016 11:35:37 AM
Name: BelpedioJennifer
Title:Assistant County Attorney, CAO General Services
Date: 7/1/2016 3:14:42 PM
Name: UsherSusan
Title:Management/Budget Analyst, Senior, Office of Management&Budget
Date: 7/5/2016 11:33:44 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 7/6/2016 7:54:44 AM
Name: CasalanguidaNick
Title:Deputy County Manager, County Managers Office
Date: 7/6/2016 9:51:09 AM
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY,FLORIDA
CIVIL ACTION
COLLIER COUNTY,FLORIDA
Petitioner,
v. Case No.: 15-CA-1810
HENRY ALLEN FISH;et al PARCELS: 101DUE, 102DUE and
102TCE
Respondents
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
Petitioner, COLLIER COUNTY,FLORIDA,together with Respondent,LEE COUNTY
ELEC TRIC CO-OPERATIVE,INC.,hereby respectfully moves for entry of the foregoing
Stipulated Final Judgment.
Dated: Dated: (,
JENNIFER A.BELPEDIO JOAN A.NOLAND'
Florida Bar No. 186030 Florida Bar No. 175179
ASSISTANT COUNTY ATTORNEY HENDERSON FRANKLIN STARNES &
Collier County Attorney's Office HOLT,PA
3299 East Tamiami Trail,Suite 800 PO Box 280
Naples,FL 34112 Fort Myers,FL 33902
Telephone: (239)252-8400 Telephone: (239) 344-1100
Facsimile: (239)774-0225 Facsimile: (239)344-1200
COUNSEL FOR PETITIONER COUNSEL FOR RESPONDENT
ienniferbelpedio@colliergov.net
ernilypepin@colliergov.net
sherimalcolm( colliergov.net
[15-CA-1810/1265427/1]
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY,FLORIDA
CIVIL ACTION
COLLIER COUNTY,FLORIDA,
Petitioner,
v. Case No.: 15-CA-1810
Parcels: 101DUE, 102DUE,and
102TCE
HENRY ALLEN FISH;et al
Respondents
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,COLLIER
COUNTY,FLORIDA,by and through its undersigned counsel,and Respondent,LEE COUNTY
ELECTRIC CO-OPERATIVE,INC.,(hereinafter"LCEC")for entry of a Stipulated Final
Judgment as to Parcels 101DUE, 102DUE,and 102TCE,and it appearing to the Court that the
parties are authorized to make such Motion,the Court finding that the compensation to be paid by
Petitioner is the full compensation due Respondent, LCEC,and the Court being otherwise fully
advised in the premises thereof,it is thereupon
ORDERED AND ADJUDGED that Respondent, LCEC, have and recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of$1,250.00 as full payment for compensation,
attorney's fees, and for any and all other damages, and costs in connection with this matter; it is
further
ORDERED, that within thirty (30) days of entry of this Final Judgment, Petitioner shall
pay the total sum of$1,250.00 to LCEC do Henderson, Franklin, Starnes &Holt Trust Account,
PO Box 280,Fort Myers,FL 33902;it is further
ORDERED that this Order disposes of all claims arising out of the taking of Parcels 101
DUE, 102DUE and 102TCE, and that have or could have been asserted in this cause; it is further
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ORDERED that entry of this Stipulated Final Judgment shall not affect in any way the
Agreed Order Granting Stipulated Motion to Enlarge Time for Respondent Lee County Electric
Cooperative, Inc. to Comply with Orders of Taking, and the Court retains jurisdiction to enforce
said Agreed Order; it is further
ORDERED that the Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment;it is further
DONE AND ORDERED in Chambers at Naples, Collier County, Florida,this
day of ,2016.
HONORABLE JAMES R. SHENKO
CIRCUIT COURT JUDGE
0.:Tea 04
JENNIFER A.BELPEDIO J•HN A.NOLAN
Florida Bar No. 186030 Florida Bar No. 175179
ASSISTANT COUNTY ATTORNEY HENDERSON FRANKLIN STARNES &
Collier County Attorney's Office HOLT,PA
3299 East Tamiami Trail,Suite 800 PO Box 280
Naples,FL 34112 Fort Myers,FL 33902
Telephone: (239)252-8400 Telephone: (239) 344-1100
Facsimile: (239) 774-0225 Facsimile: (239)344-1200
COUNSEL FOR PETITIONER COUNSEL FOR RESPONDENT
jenniferbelpedio@colliergov.net
emitypepin@colhergov.net
sherimalcolm • colliergov.net
conformed copies to:
Jennifer A.Belpedio,Esq.jenniferbelpedio@colliergov.net
John A.Noland,Esq.,PO Box 280,Fort Myers,FL 33902 john.noland@henlaw.com
Kevin Hendricks,Collier County Transportation Division,kevinhendricks@colliergov.net
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