Agenda 02/28/2017 Item #16K 502/28/2017
EXECUTIVE SUMMARY
Recommendation to accept a Mediated Settlement Agreement and approve a proposed Stipulated
Final Judgment for the taking of Parcel 244RDUE in the pending case styled Collier County v.
Christopher DiFabio, et al., Case No. 15-CA-0363, required for the Golden Gate Blvd. Project No.
60040 (west of 16th St. E. to 18th St. E.). (Fiscal Impact: $30,683.00)
OBJECTIVE: To accept a Mediated Settlement Agreement and approve a proposed Stipulated Final
Judgment for the taking of Parcel 244RDUE required for the Golden Gate Blvd. Project No. 60040 (west
of 16th St. E. to 18th St. E.).
CONSIDERATIONS: On June 10, 2014, the Board of County Commissioners (Board) authorized the
condemnation of Parcel 244RDUE in order to construct roadway, drainage and utility improvements
required for the expansion of Golden Gate Blvd. from west of 16th St. E. to 18th St. E. On July 30, 2015,
the Court entered a Stipulated Order of Taking for the required property and the County subsequently
deposited a good faith estimate of value in the amount of $5,300.00 into the Court Registry. The right -of-
way roadway, drainage and utility easement, approximately 14,454 square feet in size, was taken from
property owned by Jose A. Zubigaray, as Trustee of the Jose A. Zubigaray Revocable Trust U/A/D dated
2/12/08; and Ibia Zubigaray Revocable Trust U/A/D dated 2/12/08. An aerial photograph of the subject
property is attached to this item for reference.
At the Court Ordered Mediation, the owners, through their representati ves and counsel, presented their
demand for damages based in appraisal and engineering reports, and the County countered with its own
expert reports and staff experience. The County Attorney’s Office and Transportation staff recommends
the Board accept the attached Mediated Settlement Agreement and approve the attached proposed
Stipulated Final Judgment since a better result is not anticipated at trial. The Court has set a Judicial
Status Conference in this case for April 7, 2017. If this item is accepted and approved, the County will be
obligated to pay an additional $30,683.00 over the amount already deposited, which includes $19,000 for
the property, $4,983 for attorneys’ fees and costs, and $12,000 for experts’ fees and costs. Upon
approval, the County Attorney’s Office will file the Joint Motion with the Circuit Court.
FISCAL IMPACT: Funds in the amount of $30,683.00 are available in the Golden Gate Blvd.
Transportation Capital Improvement Project No. 60040. The primary funding source for the acqui sition
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: There is no Growth Management Impact associated with this
action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. - JAB
RECOMMENDATION: To accept a Mediated Settlement Agreement and approve a proposed
Stipulated Final Judgment in the pending case styled Collier County v. Christopher DiFabio, et al., Case
No. 15-CA-0363, for the taking of Parcel 244RDUE required for the Golden Gate Blvd. Project No.
60040 (west of 16th St. E. to 18th St. E.).
PREPARED BY: Jennifer A. Belpedio, Assistant County Attorney
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02/28/2017
ATTACHMENT(S)
1. Mediated Settlement Agreement p 244 (PDF)
2. Aerial Photograph of Parcel 244RDUE (PDF)
3. Proposed Stipulated Final Judgment p244 (PDF)
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02/28/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.5
Doc ID: 2759
Item Summary: Recommendation to accept a Mediated Settlement Agreement and approve a
proposed Stipulated Final Judgment for the taking of Parcel 244RDUE in the pending case styled Collier
County v. Christopher DiFabio, et al., Case No. 15-CA-0363, required for the Golden Gate Blvd. Project
No. 60040 (west of 16th St. E. to 18th St. E.). (Fiscal Impact: $30,683.00)
Meeting Date: 02/28/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
02/16/2017 8:39 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
02/16/2017 8:39 AM
Approved By:
Review:
Growth Management Department Jeanne Marcella Level 1 Division Reviewer Completed 02/16/2017 9:27 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 02/16/2017 9:45 AM
Growth Management Department Debbie Allen Additional Reviewer Skipped 02/16/2017 10:03 AM
Growth Management Department Gene Shue Additional Reviewer Completed 02/16/2017 1:45 PM
Capital Project Planning, Impact Fees, and Program Management Rookmin Nauth Additional Reviewer Completed 02/16/2017 2:04 PM
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 02/16/2017 4:43 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 02/17/2017 1:07 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 02/17/2017 2:33 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/17/2017 2:45 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/17/2017 3:21 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 02/17/2017 3:51 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/19/2017 11:56 AM
Board of County Commissioners MaryJo Brock Meeting Pending 02/28/2017 9:00 AM
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IN THE TWENTIETH CIRCUIT
COURT OF FLORIDA IN AND
FOR TI{E COTINTY OF COLLIER
COLLIER COUNTY, FLORIDA, A
Pohtical subdivision of the State ofFlorida-
Petitioner,CIVIL ACTION NO.: 2015-CA-0363
PARCEL NO.: 244RDUE-vs-
JOSE A. ZUBIGARAY, as trustee of the
Jose A. Zubigaray revocable Trust U/A/D
dated 211212008 and IBtA Zubigaray
Revocable Trust dated, 21 12/2008.
Respondents.
MEDIATED SETTLEMENT AGREEMENT
As a result of a Mediation Conference held on Febru ary 6,2017 the parties
reached the following Settlement Agreement contingent upon the approval ofthe Collier
County Board of Commissioners:
1. Petitioner will pay to Respondent, Jose A Zubigaray as trustee, ofthe
Jose A. Zubigaray revocable Trust UIAID dated 2/1212008 ard IBIA Zubigaray
Revocable Trust dated 2/12/2008 the sum of $ | ?.ffZ0,:> in full
settlemento|allclaimsforcompensation|,o.@u,in.,,
damages, but excluding attomey's fees, experts' fees, and costs.
2. In addition to the settlement amount referenced in Paragraph 1 ofthis
Agreement, Petitioner will pay $ f ,?99
-
in total attomey's fees and attorney
litigation costs in this case, including iees related to monetary and non-monetary benefits
and supplemental proceedings, if any.
3. In addition to the settlement amount referenced in paragraph 1 of this
Agreement, Petitioner will pay $ | Z, {tL' t in total experts' fees and costs in
this case.
-7--
4. Counsel for Petitioner and Respondent willjointly submit to the Court for
signature a mutually approved Stipulated Final Judgment in this matter as soon as
practical hereafter, but not prior to the satisfaction ofali conditions contained herein.
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Packet Pg. 1453 Attachment: Mediated Settlement Agreement p 244 (2759 : Mediated Settlement Agreement - DiFabio - 15-CA-0363 - project 60040 - parcel
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Petirioner will pay Respondenr the balance 6u" o15 3Cl. 61. -'> , "
This Agreement, dated February 6,2017, contains all of the agreements of
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Petitioner, Colirer Co. &gvin-fle,ndricks
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within thirty (30) days of the actual date ofreceipt by the Petitioner's counsel ofa
conformed copy of the aforesaid Stipulated Final Judgment from the Court.
Y Attached hereto is an addendum to this Asreement.
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the parties.
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Packet Pg. 1454 Attachment: Mediated Settlement Agreement p 244 (2759 : Mediated Settlement Agreement - DiFabio - 15-CA-0363 - project 60040 - parcel
AERIAL PHOTO OF TAKING FROM ZUBIGARAY (PARCEL 244RDUE)
PARCEL 244RDUE
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Packet Pg. 1455 Attachment: Aerial Photograph of Parcel 244RDUE (2759 : Mediated Settlement Agreement - DiFabio - 15-CA-0363 - project 60040 - parcel
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Packet Pg. 1456 Attachment: Proposed Stipulated Final Judgment p244 (2759 : Mediated Settlement Agreement - DiFabio -
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Packet Pg. 1457 Attachment: Proposed Stipulated Final Judgment p244 (2759 : Mediated Settlement Agreement - DiFabio -
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Packet Pg. 1458 Attachment: Proposed Stipulated Final Judgment p244 (2759 : Mediated Settlement Agreement - DiFabio -
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Packet Pg. 1459 Attachment: Proposed Stipulated Final Judgment p244 (2759 : Mediated Settlement Agreement - DiFabio -
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Packet Pg. 1460 Attachment: Proposed Stipulated Final Judgment p244 (2759 : Mediated Settlement Agreement - DiFabio -
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Packet Pg. 1461 Attachment: Proposed Stipulated Final Judgment p244 (2759 : Mediated Settlement Agreement - DiFabio -