Agenda 02/28/2017 Item #16K1102/28/2017
EXECUTIVE SUMMARY
Recommendation to accept a Mediated Settlement Agreement and approve a proposed Stipulated
Final Judgment for the taking of Parcel 222RDUE in the pending case styled Collier County v.
Estilita Rodriguez, et al, Case No. 15-CA-333, required for the Golden Gate Blvd. Project No. 60040
(8th Street East to west of 16th Street East). (Fiscal Impact: $42,072.50)
OBJECTIVE: To accept a Mediated Settlement Agreement and approve a proposed Stipulated Final
Judgment for the taking of Parcel 222RDUE required for the Golden Gate Blvd. Project No. 60040 (8th
Street East to west of 16th Street East).
CONSIDERATIONS: On June 10, 2014, the Board authorized the condemnation of Parcel 222RDUE
in order to construct roadway, drainage and utility improvements required for the expansion of Golden
Gate Blvd. from 8th Street East to west of 16th Street East. 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 $9,000 into the Court Registry. The right-of-way roadway, drainage
and utility easement, approximately 7,740 square feet in size, was taken from property owned by Robert
L. Kirkland, Jr., Marguerite Kirkland, and Rockn -Lazy-B-Ranch. An aerial photograph of the subject
property is attached to this item for reference.
At the Court Ordered Mediation, the owners, through their representatives and counsel, presented their
demand for damages for land, improvements, severance damages and costs-to-cure in the total amount of
$74,500. 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. If this item is accepted and approved, the County will be obligated to pay an additional
$41,902.50 over the amount already deposited, plus $170 to deposit into the Court Registry. This amount
includes all damages, attorneys’ 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 $42,072.50 are available in the Golden Gate Blvd.
Transportation Capital Improvement Project No. 60040. 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: 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. Estilita Rodriguez, et al, Case No.
15-CA-333, for the taking of Parcel 222RDUE required for the Golden Gate Blvd. Proj ect No. 60040 (8th
Street East to west of 16th Street East).
Prepared by: Jennifer A. Belpedio, Assistant County Attorney
16.K.11
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02/28/2017
ATTACHMENT(S)
1. Mediated Settlement Agreement parcel 222RDUE (PDF)
2. Aerial Photograph of Parcel 222RDUE (PDF)
3. Proposed Stipulated Final Judgment parcel 222RDUE (PDF)
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02/28/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.11
Doc ID: 2773
Item Summary: Recommendation to accept a Mediated Settlement Agreement and approve a
proposed Stipulated Final Judgment for the taking of Parcel 222RDUE in the pending case styled Collier
County v. Estilita Rodriguez, et al, Case No. 15-CA-333, required for the Golden Gate Blvd. Project No.
60040 (8th Street East to west of 16th Street East). (Fiscal Impact: $42,072.50)
Meeting Date: 02/28/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
02/17/2017 12:09 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
02/17/2017 12:09 PM
Approved By:
Review:
Growth Management Department Diane Lynch Level 1 Division Reviewer Completed 02/17/2017 12:11 PM
Growth Management Department Gene Shue Additional Reviewer Completed 02/17/2017 1:33 PM
Capital Project Planning, Impact Fees, and Program Management Rookmin Nauth Additional Reviewer Completed 02/17/2017 3:07 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 02/21/2017 7:43 AM
Transportation Engineering Diane Lynch Additional Reviewer Skipped 02/21/2017 10:18 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 02/21/2017 10:20 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 02/21/2017 12:12 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/21/2017 1:16 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 02/21/2017 3:05 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/21/2017 3:29 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/21/2017 4:47 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/28/2017 9:00 AM
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COLLIER COI.INTY, FLORIDA, A
Political subdivision of the State of Florida,
Petitioner,
-vs-
IN THE TWENTIETH CIRCUIT
COURT OF FLORIDA IN AND
FOR THE COUNTY OF COLLIER
CIVIL ACTION NO.: 2015-CA-333
PARCEL No.: I,Z2 KD') U
ESTILITA RODRIGUEZ, ROBERT L. KIRKLAND, JR.,
MARGUERITE KIRKLAND. ROCKN -L AZY -B RANCH.
Respondents.
MEDIATED SETTLEMENT AGREEMENT
As a result of a Mediation Conference held on February 13,2017 the parties
reached the following Settlement Agreement contingent upon the approval of the Collier
County Board of Commissioners:
1. Petitioner will pay to Respondents, ROBERT L. KIRKLAND, JR.,
MARGUERITE KIRKLAND, ROCKN-LAZY-B RANCH the sum of
$ 3Z Z5D, F in full settlement of all claims for compensation
from Pdtitioner whatsoever, including business damages, but excluding attorney's fees,
experts' fees, and costs.
2.:r,i111'r:.,1,':'_f ?'8lyrt"3ry**r:l:T:d::t_tg:tll:l'il:Agreement, Petitioner will pay $ ?, 65 2 i in total attorney's fees and attorney
and supplemental proceedings, if any.
3. In addition to the settlement amount referenced in Paragraph I of this
Agreement, Petitioner will pay $ 1, ttt?,' in total experts' fees and costs in
this case.
4. Counsel for Petitioner and Respondents will jointly 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 of all conditions contained herein..
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p.tition"r will pay Respondents the balance due otS 4t .? OZ?
16.K.11.a
Packet Pg. 1540 Attachment: Mediated Settlement Agreement parcel 222RDUE (2773 : Mediated Settlement Agreement-Estilita Rodriguez-15-CA-333-project
within thirty (30) days of the actual date of receipt by the Petitioner's counsel of a
conformed copy of the aforesaid Stipulated Final Judgment from the Court.
1 Attached hereto is an addendum to this Agreement.
Yes /*o
This Agreement, dated February 13,2017, contains all of the agreements
of the parties.
rney for Respondent,
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Packet Pg. 1541 Attachment: Mediated Settlement Agreement parcel 222RDUE (2773 : Mediated Settlement Agreement-Estilita Rodriguez-15-CA-333-project
BEFORE: AFTER:
EASTBOUND LANES
WESTBOUND LANES
MEDIAN
- HORSE
PEN
OLD ROW
LINE
NEW ROW
LINE
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Packet Pg. 1542 Attachment: Aerial Photograph of Parcel 222RDUE (2773 : Mediated Settlement Agreement-Estilita
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY. FLORIDA
CIVI ACTION
COLLIER COLINTY, FLORIDA, a political
subdivision of the State of Florida.
Petitioner,
ESTILITA RODRIGUEZ, et al
Respondents
Case No.: 15-CA-333
PARCEL: 222RDUE
PETITIONER AND RESPONDENTS" ROBERT L. KIRKLAND, JR., MARGUERITE
KIRKLAND, and ROCKN-LAZY-B-RANCH' JOINT MOTION FOR STIPULATED
FINAL JUDGMENT AS TO PARCEL 222RDUE
COMES NOW, Petitioner COLLIER COLTNTY, and Respondents, ROBERT L.
KIRKLAND, JR., MARGUERITE KIRKLAND, and ROCKN-LAZY-B-RANCH by and
through the undersigned counsel, and respectfully moves this Honorable Court for the entry of
the proposed Stipulated Final Judgment, attached hereto as Exhibit 001".
JENNIFER A. BELPEDIO, ESQ.
Florida Bar No. 186030
Collier County Attorney's Office
3299E. Tamiami Trail, Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
COUNSEL FOR PETITIONER
j enniferbelpedio@co lliergov.net
colleengreene@colliergo v.net
sherimalcolm@colliergov.net
ANDREW G. DIAZ, ESQ.
Florida Bar No. 974196
Gaylord Merlin Ludovici &Diaz
5001 West Cypress St
Tampa, FL 33607
Telephone: (81 3) 221 -9000
COI-INSEL FOR RESPONDENTS
adiaz@ gaylordmerlin. com
ckearney@ gaylordmerlin. com
16.K.11.c
Packet Pg. 1543 Attachment: Proposed Stipulated Final Judgment parcel 222RDUE (2773 : Mediated Settlement Agreement-Estilita Rodriguez-15-CA-333-project
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVI ACTION
COLLIER COLTNTY, FLORIDA, a political
subdivision of the State of Florida,
Petitioner,
v.
ESTILITA RODRIGUEZ, et al
Respondents
Case No.: l5-CA-333
PARCEL: 222RDUE
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through its counsel, and Respondents, ROBERT L.
KIRKLAND, JR., MARGUERITE KIRKLAND, and ROCKN-LAZY-B-RANCH, by and
through their counsel, for entry of a Stipulated Final Judgment as to Parcel 222RDUE for Project
No. 60040, and it appearing to the Court that the parties are authorizedto make such Motion, the
Court finding that the compensation to be paid by Petitioner is the full compensation due said
Respondent, and the Court being otherwise fully advised in the premises thereof, it is thereupon
ORDERED AND ADruDGED that Respondents, ROBERT L. KIRKLAND, JR.,
MARGUERITE KIRKLAND, and ROCKN-LAZY-B-RANCH, have and recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Thirty Seven Thousand Two
Hundred Fifty Dollars and No/100 Dollars ($37,250.00) for Parcel 222RDIJE, as full payment
for the property interest taken and for damages resulting to the remainder, if less than the entire
property was taken, and for all other damages and statutory interest; it is fuither
16.K.11.c
Packet Pg. 1544 Attachment: Proposed Stipulated Final Judgment parcel 222RDUE (2773 : Mediated Settlement Agreement-Estilita Rodriguez-15-CA-333-project
ORDERED that Petitioner, COLLIER COLINTY, FLORIDA, is entitled to a credit for
the good faith estimate of value previously deposited in the amount of Nine Thousand and
No/100 Dollars ($9,000.00), as payment for acquisition of Parcel 222RDIJE, at which time title
to said parcel as described in Exhibit "A" vested in the name of the Petitioner; it is further
ORDERED that Petitioner, COLLIER COUNTY, FLOzuDA, shall pay Nine Thousand
Six Hundred Fifty Two and 50/100 Dollars ($9,652.50) to Respondents for all attomeys' fees
and costs, and no other attorneys' fees or costs shall be awarded in this case; it is further
ORDERED that Petitioner, COLLIER COIJNTY, FLORIDA, shall pay Four Thousand
and No/100 Dollars (S4,000.00) to Respondents for all experts' fees and costs, and no other
experts' fees or costs shall be awarded in this case; it is further
ORDERED that within thirty (30) days hereof, Petitioner shall deposit into the Court
Registry the total sum of Forfy One Thousand Nine Hundred Two and 50/100 Dollars
($41'902.50), in additional funds over the amount previously deposited into the Court Registry; it
is further
ORDERED that the Clerk shall immediately disburse from the Court Registry the amount of
Forty-One Thousand Nine Hundred Two and 50/100 Dollars ($41,902.50), to the Trust Account
of Gaylord Merlin Ludovici & Diaz, Attn: Andrew G. Diaz, Esquire, Gaylord Merlin Ludovici &
Diaz, 5001 West Cypress Street, Tampa, Florida 33607 as attorney for Respondents, ROBERT L.
KIRKLAND, JR., MARGUERITE KIRLAND, and RICK-N-LAZY-B-RANCH; it is further
ORDERED that upon receipt of said funds it shall be the responsibility of Gaylord Merlin
Ludovici &Diaz to place said funds in an interest-bearing escrow account for the benefit of any party
claiming an interest in these monies, and said funds shall be disbursed only upon written agreement
of all parties having an interest in Parcel 222 or until further Order of this Court, whichever
occurs first; it is further
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Packet Pg. 1545 Attachment: Proposed Stipulated Final Judgment parcel 222RDUE (2773 : Mediated Settlement Agreement-Estilita Rodriguez-15-CA-333-project
ORDERED that upon receipt of said funds as set out hereinabove, all of Petitioner's good
faith estimate of value paid to Gaylord Merlin Ludovici &Diaz, shall be placed in an interest
bearing escrow account, where it shall remain pending written agreement of all parties having an
interest in Parcel 222 or until further Order of this Court, whichever occurs first; it is further
ORDERED that this Order disposes of all claims arising out of the taking of Parcel
222RDUE and that have or could have been asserted in this cause; it is further
ORDERED that the right-of-way roadway drainage and utility easement interest to Parcel
222RDUE, being fully described in Exhibit "A" attached hereto and incorporated herein, which
vested in Petitioner pursuant to the Order of Taking dated July 30, 2015, and the deposit of
money heretofore made, is approved, ratified, and confirmed; it is further
ORDERED AND ADruDGED that the Notice of Lis Pendens filed in the above-styled
cause and recorded in Official Record Book 5123, Page 1436 of the Public Records of Collier
County, Florida be dismissed as to Parcel 222RDUE; it is further
ORDERED that the Court reserves jurisdiction to enforce the terms of this Stipulated
Final Judgment; it is further
ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records
of Collier County, Florida; it is further
DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this _ day
of Februarv.2017.
THE HONORABLE LAUREN L. BRODIE
Circuit Court Judse
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Packet Pg. 1546 Attachment: Proposed Stipulated Final Judgment parcel 222RDUE (2773 : Mediated Settlement Agreement-Estilita Rodriguez-15-CA-333-project
Conformed Copies to:
Jennifer A. Belpedio, Esq., Counsel for Petitioner, jenniferbelpedio@.colliersov.net;
sherimalcolm@ colliersov.net
Andrew Diaz, Esq., Counsel for Respondents, adiaz@.gaylordmerlin.com ;
ckearney@ eaylordmerlin. com
Joshua C. Kligler, Esq., counsel for Bank of America, N.A.; and Mortgage Elecfronic Registration
Systems, Inc.; ikligler@flwler-white.com asum@fowler-white.com; kjadusineh@.fowler-
white.com
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Packet Pg. 1547 Attachment: Proposed Stipulated Final Judgment parcel 222RDUE (2773 : Mediated Settlement Agreement-Estilita Rodriguez-15-CA-333-project
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Packet Pg. 1548 Attachment: Proposed Stipulated Final Judgment parcel 222RDUE (2773 : Mediated Settlement Agreement-Estilita Rodriguez-15-CA-333-project