Agenda 09/12/2017 Item #16K509/12/2017
EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agreement for the total amount of $85,657 for
the taking of Parcel 150RDUE in the case styled Collier County v. GG1 Naples, LLC, et al., Case No.
15-CA-329, required for the widening of Golden Gate Boulevard, Project No. 60040. (Fiscal
Impact: $39,827).
OBJECTIVE: To settle full compensation due the property owners for the taking of Parcel 150RDUE
required for the 4-laning of Golden Gate Boulevard, Project No. 60040, (“Project”).
CONSIDERATIONS: On June 14, 2014, the Board authorized the condemnation of Parcel 150RDUE via a
Condemnation Resolution to construct the Project. On July 9, 2015, the Court granted an Order of Taking in
favor of the County and title to Parcel 150RDUE transferred to the County upon the deposit of the County’s
good faith estimate of value of $46,000 into the Court Registry. Parcel 150RDUE is a 1,875 square foot right-
of-way, drainage and utility easement taken from frontage of property owned by GG1 Naples, LLC (“GG1”).
The front setback from the right-of-way was reduced from 75 feet before the take to 50 feet after the take,
resulting in admitted severance damages by the County’s appraiser. An aerial of the subject property is
attached.
GG1’s original claim, based on their appraiser’s report, was $101,800 citing significant damages and the need
for a curative noise wall as the basis for the majority of the claim. On June 10, 2016, GG1 submitted an Offer
of Judgment of $98,494, which was subsequently rejected by the County. At mediation held July 6, 2017, the
parties agreed to settle full compensation for the property taken, all improvements, and all damages for
$65,000. This settlement resulted in $9,042 in statutory attorney’s fees being awarded. In addition, the
County was obligated to pay $11,615 in expert costs. If this item is approved, the County will be required to
pay $39,657 over the amount previously deposited, and a possible $170 Clerk’s fee.
The County Attorney’s Office and Transportation staff recommend approval of this Mediated Settlement
Agreement since a better result is not anticipated at trial. Once approved, the County Attorney’s Office will
file a Stipulated Final Judgment with the Circuit Court incorporating the same terms and conditions as the
Mediated Settlement Agreement.
FISCAL IMPACT: Funds in the amount of $39,827 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 Growth Management Impact associated with this item.
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 $85,657 for
the taking of Parcel 150RDUE in the case styled Collier County v. GG1 Naples, LLC, et al. Case No. 15-CA-
329, required for the widening of Golden Gate Boulevard, Project No. 60040.
Prepared by: Emily R. Pepin, Assistant County Attorney
ATTACHMENT(S)
1. Mediated Settlement Agreement - Parcel 150 (PDF)
2. Aerial Photograph.Parcel 150.GG1 (PDF)
16.K.5
Packet Pg. 2416
09/12/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.5
Doc ID: 3594
Item Summary: Recommendation to approve a Mediated Settlement Agreement for the total
amount of $85,657 for the taking of Parcel 150RDUE in the case styled Collier County v. GG1 Naples,
LLC, et al., Case No. 15-CA-329, required for the widening of Golden Gate Boulevard, Project No.
60040. (Fiscal Impact: $39,827).
Meeting Date: 09/12/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
08/08/2017 4:41 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
08/08/2017 4:41 PM
Approved By:
Review:
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 08/08/2017 4:51 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 08/08/2017 7:11 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 08/09/2017 3:14 PM
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 08/14/2017 8:42 AM
Growth Management Department James French Additional Reviewer Completed 08/15/2017 9:42 AM
Growth Management Department James French Department Head Review Completed 08/15/2017 9:43 AM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 08/16/2017 9:25 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/16/2017 11:11 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/17/2017 4:47 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 08/21/2017 12:18 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/23/2017 3:58 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/12/2017 9:00 AM
16.K.5
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V.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY. FLORIDA
CIVIL ACTION
COLLIER COLTNTY, FLOzuDA, a political
subdivision of the State of Florida.
Petitioner,Case No.: l5-CA-329
PARCEL: 15ORDUE
GG1 NAPLES. LLC. ET AL..
Respondents.
Mediated Settlement Agreement dated July 6,2017
It is agreed by and between the undersigned as follows:
1. Settlement Amount: Collier County (COUNTY) shall pay the total sum of
$ 65,000 to Defendant GG1 NAPLES, LLC for the taking of parcel 150RDUE
subject to the interests of all other named parties. This payment is for full and
final settlement of all outstanding claims.
2. COUNTY shall additionally pay the sum of $ 9,042 as and for attorney fees of the
Participatin g Defendants.
3. COUNTY shall additionally pay $10,000 to Allied Appraisers & Consultants, Inc.
for real estate appraisal services and $1615 to Schneider Construction for
general contracting services, as and for experl witness fees and costs.
4. Payment shall be made within 30 days of the County's receipt of a final
judgment, with the County being given credit for all sums previously deposited in
the Court Registry.
5. This agreement is subject to entry of the final judgment on notice to all parties,
which judgment shall provide that the compensation in paragraph numbered 1
shall be full and final compensation for the taking, shall be subject to
apportionment, if any, and that all named defendants shall seek nothing further
from County except for fees and costs, if any. Fees and costs to GG1 NAPLES,
LLC are governed by this agreement.
6. In the event a claim for apportionment is made, this agreement may, at the sole
option of GG1 NAPLES, LLC. be cancelled and declared void. The parties agree
to include a provision in the finaljudgment to the effect that there is no
apportionment due and, in the event of objection to that provision, the final
judgment will not be entered.
16.K.5.a
Packet Pg. 2418 Attachment: Mediated Settlement Agreement - Parcel 150 (3594 : Mediated Settlement Agreement - Parcel 150RDUE - $85,657 - Project No.
7. The settlement set forth in this agreement is subject to, and contingent upon, the
approval of the Board of County Commissioners of Collier County, The Office of
the County Attorney will recommend to the Board of County Commissioners that
this settlement be approved.
8. This is a mediated settlement agreement between the pafties and shall not be
used in evidence by any party for any purpose, except to enforce the terms
thereof.
L This agreement sets forth the entire understanding of the parties and no verbal or
written warranties or representations have been made or have been relied upon
which do not appear in writing within this Agreement.
10. The mediator has provided the initial draft of this agreement to the parties and
their counsel as a draft for their consideration. The parties acknowledge the
mediator has not provided any legal advice, either during the course of the
mediation or in connection with the negotiations and preparation of this
agreement. The parties and their counsel have been free to add to, delete from,
and to otherwise change the initial draft as they have seen fit. This agreement
represents the memorialization of their intent.
lN WITNESS WHEREOF, the parties have executed this Agreement on the date first
stated above.
Attorney/pcl NAPLES, LLC
GGl NAPLES, LLC
Alan Granovsky
Managing Member
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Packet Pg. 2419 Attachment: Mediated Settlement Agreement - Parcel 150 (3594 : Mediated Settlement Agreement - Parcel 150RDUE - $85,657 - Project No.
2017 AERIAL PHOTO SHOWING EXISTING & PROPOSED ROW LINES
PROPOSED ROW
LINE
EXISTING ROW
LINE
16.K.5.b
Packet Pg. 2420 Attachment: Aerial Photograph.Parcel 150.GG1 (3594 : Mediated Settlement Agreement - Parcel 150RDUE - $85,657 - Project No. 60040)