Agenda 05/23/2017 Item #16K 105/23/2017
EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agreement for the total amount of $99,000 for
the taking of Parcel 189RDUE in the pending case styled Collier County v. Juan E. Navarro, et al,
Case No. 15-CA-154, required for the Golden Gate Boulevard Project, Project No. 60040 (From
Wilson Boulevard to 20th Street East).
OBJECTIVE: To settle full compensation owed for the taking of Parcel 189RDUE required for
improvements to Golden Gate Boulevard, Project No. 60040.
CONSIDERATIONS: On June 10, 2014, the Board authorized, via Resolution No. 2014-124, the
condemnation of Parcel 189RDUE to construct roadway, drainage and utility improvements required for
the widening of Golden Gate Boulevard in the section of road from 12th Street East to west of 16th Street
East. On July 30, 2015, the Court entered an Order of Taking for the required property and the County
subsequently deposited a good faith estimate of value of $5,300 into the Court Registry. The roadway,
drainage and utility easement, approximately 12,838 square feet in size, was taken from the southerly
portion of vacant property owned by David H. Kisser, Individually and as Trustee of the Trust Agreement
dated October 18, 1976. The property is located on the Golden Gate Canal. An aerial photograph of the
subject property is attached to this item for reference.
At Mediation, the property owner, through counsel, presented his claim of compensation in the amount of
$99,400 In his appraisal, the property owner alleges severance damages for the “change in location” of
the property now being on a four-lane road instead of a two-lane road and for the adverse effects of being
located next to an elevated bridge, as well as a $46,000 cost-to-cure claim for the required costs
associated with building a driveway connection to the elevated roadway caused by the bridge
improvements. At mediation, the County disputed the severance damage claim; however, the County
agreed that a cure was necessary to connect the property to the new road elevation. The parties agreed to
a settlement of $65,000 for the property taken, all damages, any improvements, and the cost-to cure. The
statutory attorney’s fee and expert costs were $34,000, bringing the total settlement figure to $99,000.
The County Attorney’s Office and Transportation staff recommend the Board approve the Mediated
Settlement Agreement since a better result is not anticipated at trial. If this item is approved, the County
will be obligated to pay an additional $93,700 over the amount already deposited into the Court Registry.
Upon approval, the County Attorney’s Office will file a Joint Motion with the Circuit Court incorporating
the same terms as the Mediated Settlement Agreement.
FISCAL IMPACT: Funds in the amount of $93,700 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 the project, the secondary
funding source will be gas taxes.
GROWTH MANAGEMENT IMPACT: There is no Fiscal Impact associated with this Executive
Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. - ERP
RECOMMENDATION: To approve a Mediated Settlement Agreement for the total amount of $99,000
for the taking of Parcel 189RDUE in the pending case styled Collier County v. Juan E. Navarro, et al,
Case No. 15-CA-154, required for the Golden Gate Boulevard Project, Project No. 60040 (Wilson
Boulevard to 20th Street East).
Prepared by: Emily R. Pepin, Assistant County Attorney
16.K.1
Packet Pg. 994
05/23/2017
ATTACHMENT(S)
1. Mediated Settlement Agreement Parcel 189RDUE (PDF)
2. Aerial Photograph of Parcel 189RDUE (PDF)
16.K.1
Packet Pg. 995
05/23/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1
Doc ID: 3173
Item Summary: Recommendation to approve a Mediated Settlement Agreement for the total
amount of $99,000 for the taking of Parcel 189RDUE in the pending case styled Collier County v. Juan E.
Navarro, et al, Case No. 15-CA-154, required for the Golden Gate Boulevard Project, Project No. 60040
(From Wilson Boulevard to 20th Street East).
Meeting Date: 05/23/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
05/08/2017 4:26 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
05/08/2017 4:26 PM
Approved By:
Review:
Growth Management Department Diane Lynch Level 1 Division Reviewer Completed 05/08/2017 4:37 PM
Growth Management Department Rookmin Nauth Additional Reviewer Completed 05/09/2017 6:54 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 05/09/2017 8:22 AM
Transportation Engineering Robert Bosch Additional Reviewer Completed 05/10/2017 10:02 AM
Growth Management Department Debbie Allen Level 2 Division Administrator Skipped 05/08/2017 2:32 PM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 05/10/2017 10:58 AM
Growth Management Department James French Additional Reviewer Completed 05/11/2017 9:50 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/11/2017 11:36 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/12/2017 11:49 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 05/15/2017 9:56 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 05/15/2017 4:40 PM
Board of County Commissioners MaryJo Brock Meeting Pending 05/23/2017 9:00 AM
16.K.1
Packet Pg. 996
IN THE CIRCUIT COURT OF TI{E TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COL]NTY, FLOzuDA
CNIL ACTION
COLLIER COI-INTY, FLOzuDA, a political
Subdivision of the State of Florida.
Petitioner,
JUAN E. NAVARRO, et al.,
CaseNo: 15-CA-154
Parcel 1 89RDUE (Kisser)
Respondents.
MEDIATED SETTLEMENT AGREEMENT
At a Mediation Conference held on Thursday, May 4, 2017 , the parties reached
the followins Settlement Asreement.
l. Petitioner will pay to Respondent, DAVID H. KISSER, as to Parcel
189RDUE, the sum of $ 6{, Csoo'%uJ in tulI settlement of all claims for
compensation from Petitioner whatsoever, including statutory interest, but excluding
attorney's and expert's fees and costs. Said sum will be subject to claims of -i ^ 4
\ /, o. ,la \, /r4, t*--t u Nr-rl *eu*7 D
apportionment, if an" 6' o t tL \J'6'
'Y' Q.-5p",,r ,l'J^.\\ Q+1n1.
0
2. Petitioner is entitled to a credit in the amount of
S €, ? OO
d/
ro , which was previously deposited in the registry of the Court
in this case by Petitioner.
3. In addition to the settlement amount referenced in Paragraph 1 of this
Settlement Agreement, Petitioner will pay to the trust account of Respondent's attorney
the sum otS 7\ , OOD
o"l, C in fuli settlement and satisfaction of attorney's
fees, including fees related to monetary benefits, non-monetary benefits and supplemental
proceedings, if any. o'r.d, tv (rl'vs7 uc o1 4-\\ 1- D 1R
a*f"Ah5 Lol1$ .
16.K.1.a
Packet Pg. 997 Attachment: Mediated Settlement Agreement Parcel 189RDUE (3173 : Mediated Settlement Agreement - $99,000 - Parcel 189RDUE - CC v.
fere
S will paY to o
of intu sati
expert witness costs attomey liti tln costs in this case.
5. Counsel for Petitioner and Respondent will jointly submit to the Court for
signature a mutually approved Stipulated Final Judgment in this matter as soon as
practical hereafter.
6. Settlement of this case is conditioned upon final approval by Collier
County Board of County Commissioners.
d
8.
Attached hereto is an addendum to this asreement:Yes
This aereement dated March 23.2017. and attachedaddendum, if any,
G. Diaz, Esq
16.K.1.a
Packet Pg. 998 Attachment: Mediated Settlement Agreement Parcel 189RDUE (3173 : Mediated Settlement Agreement - $99,000 - Parcel 189RDUE - CC v.
AERIAL – PARCEL 189RDUE
GOLDEN GATE BOULEVARD PROJECT NO. 60040
PARCEL 189RDUE
16.K.1.b
Packet Pg. 999 Attachment: Aerial Photograph of Parcel 189RDUE (3173 : Mediated Settlement Agreement - $99,000 - Parcel 189RDUE - CC v. Navarro - Project