Agenda 01/23/2018 Item #16K901/23/2018
EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agreement in the amount of $58,250 for full
compensation for the taking of Parcel 364RDUE and $10,529.50 for statutory attorney fees, expert
fees and costs, in the case styled Collier County v. Steven A. Edwards, et al., Case No. 16-CA-1327
required for improvements to Golden Gate Boulevard (Project No. 60145). [Fiscal Impact:
$31,749.50]
OBJECTIVE: To settle full compensation owed for the taking of Parcel 364RDUE required for the road
widening of Golden Gate Boulevard from 20th Street East to east of Everglades Blvd., Project No. 60145,
hereinafter referred to as the “Project.”
CONSIDERATIONS: On April 26, 2016, the Board approved Condemnation Resolution 2016-89 to
acquire the necessary property to construct the Project. Pursuant to the Order of Taking entered
November 22, 2016, the County condemned Parcel 364RDUE and deposited a good faith estimate of
value in the amount of $37,200 into the Court Registry. Parcel 364RDUE is a road right-of-way,
drainage, and utility easement containing 8,939 square feet taken from property jointly owned by Ostin
Stinfila, Yonel Joseph, and Felix Iglesias, which is improved by a single -family residence. The Court
ordered the parties conduct mediation, which was held on November 21, 2017. The property owners’
appraiser valued compensation for the parcel of $93,000, citing negative impacts to the property after the
taking that included a loss of utilization of the front yard, a loss of buffering from the road, and a 46%
reduction in setback. The parties agreed to full compensation for the property interest taken in the amount
of $58,250, in addition to the amount of $10,529.50 for statutory attorney fees, and expert fees and costs.
Attorney fees for supplemental proceedings involving apportionment, provided for in § 73.092(2), Florida
Statutes, are not included in this settlement and are estimated to cost the County an additional $8,800.
This amount may increase depending on the time spent by the attorney for the apportionment hearing, and
will be brought back to the Board for approval at a later date.
The County Attorney’s Office (CAO) and Staff recommend approval of the attached Mediated Settlement
Agreement since a better result is not expected at trial. Upon approval, the CAO will file a Stipulated
Final Judgment, incorporating the same terms and conditions, with the Circuit Court. A fee of $170 is
required by the Clerk for the deposit of funds into the Court Registry.
FISCAL IMPACT: Funds in the amount of $31,749.50 are available in the Transportation Capital
Golden Gate Blvd. Improvement Project No. 60145. The primary funding source for the acquisition of
right-of-way is impact fees. Should impact fees not be sufficient within a particular projec t, the
secondary funding source will be gas taxes.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. - ERP
RECOMMENDATION: Recommendation to approve a Mediated Settlement Agreement in the amount
of $58,250 for full compensation of the taking of Parcel 364RDUE, and $10,529.50 for statutory attorney
fees, expert fees, and costs, plus a $170 Clerk fee, in the case styled Collier County v. Steven A. Edwards,
et al., Case No. 16-CA-1327 required for improvements to Golden Gate Boulevard.
Prepared by: Emily R. Pepin, Assistant County Attorney
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01/23/2018
ATTACHMENT(S)
1. Mediated Settlement Agreement (PDF)
2. Aerial Photograph.Parcel 364RDUE (PDF)
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01/23/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.9
Doc ID: 4601
Item Summary: Recommendation to approve a Mediated Settlement Agreement in the amount of
$58,250 for full compensation for the taking of Parcel 364RDUE and $10,529.50 for statutory attorney
fees, expert fees and costs, in the case styled Collier County v. Steven A. Edwards, et al., Case No. 16-
CA-1327 required for improvements to Golden Gate Boulevard (Project No. 60145). [Fiscal Impact:
$31,749.50]
Meeting Date: 01/23/2018
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
01/17/2018 9:43 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
01/17/2018 9:43 AM
Approved By:
Review:
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 01/17/2018 10:01 AM
Growth Management Department Debbie Allen Additional Reviewer Skipped 01/17/2018 10:02 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 01/17/2018 10:56 AM
Growth Management Operations Support Allison Kearns Additional Reviewer Completed 01/17/2018 11:53 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 01/17/2018 3:19 PM
Growth Management Department Michael Cox Additional Reviewer Skipped 01/17/2018 3:40 PM
Growth Management Department James French Deputy Department Head Review Skipped 01/17/2018 2:30 PM
Growth Management Department Jeanne Marcella Department Head Review Completed 01/17/2018 3:39 PM
County Attorney's Office Michael Cox Level 2 Attorney Review Skipped 01/17/2018 3:40 PM
County Attorney's Office Michael Cox Level 3 County Attorney's Office Review Skipped 01/17/2018 3:40 PM
Office of Management and Budget Michael Cox Level 3 OMB Gatekeeper Review Skipped 01/17/2018 3:41 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 01/17/2018 3:53 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/23/2018 9:00 AM
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Mediated Settlement Agreement dated November 21 ,2017
il is agreed by and between the undersigned as follows.
1 By stipulation of the parties. and at the telephonic request of the respondent who
intended to atlend, the mediation conference commenced without lhe physical
presence of lhe respondenls. However. the medialion conference would not be
concluded until this agreement ls signed by Respondents Ostin Stinfila, Yonel
Joseph, and Felix lglesias. or upon the expiration of the time to accept the offer
made by Collier County as reflected in lhis agreement.
2 In order t0 be eftective, this agreement must first be signed by Respondenls
Ostin Stinflla Yonel Joseph, and Felix lglesias. and returned to the altorney for
Collrer County on or before January 22,2018. Once returned, Collier Counly will
provide a fully executed copy to Respondent's attorney within 14 days.
3 Settlemenl Amounl Collier County (COUNTY) shall pay the total sum of
S 58,250 to Respondents Ostin Stinfila. Yonel Joseph, and Felix lglesias for lhe
lakrng of parcel 364RDUE sublect to tne Interests of all other named parties.
This payment is for {ull and frnat setllement of all outstanding clairns
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16.K.9.a
Packet Pg. 728 Attachment: Mediated Settlement Agreement (4601 : Mediated Settlement Agreement - $58,250 - Parcel 364RDUE - Project No. 60145 - Case No.
4 couNw sha ll additionatly pay the sLrm of $ 7 4 r'4 s0 as and for attorney fees of
the Respondents named rn paragraph'1 above, under section 73 092(1). Ftorida
Statutes Respondcnt is reserved the right to seck attorney fees under section
73.092(2t.
5 COUNTY shall additionally pay 53,055 to Calhoun, Coilrster and Parham, Inc.,
Inc. for real estate appraisal services, as and for experl witness fees and cosls.
6. Payment shall be made within 30 days of the County's recerpt of a final
iudgment, with the County being given credit for all sums previously deposited in
the Court Registry.
7 This agreement is subject to entry of the frnal ;udgment on notice to all parties,
which judgment shall provide thal the compensation in paragraph numbered 1
shall be full and final compensatron for the takrng, shall be subject to
apportionment . il any, and that all named defendants shail seek nothing further
from County except for fees and costs, if any Fees and costs to Respondents
Osttn Stinfila. Yonel Joseph, and Felix lglesias are governed by this agreement.
8 The setllemenl set forth in thrs agreement is subject to, and contingent upon, the
approval of the Board of County Commissroners of Collier County. The Otfice of
the County Attorney will recommend to the Board of County Commissioners that
this settlement be approved, Approval will be sought only after receiving a
signed copy of thrs agreement from Respondents.
9 This is a mediated settlement agreement between the partres and shall not be
used in evidence by any party for any purpose. except to enforce the tetms
thereof
10 This agreement sets forth tlre entire understanding of the parties and no verbal or
wrilten warranlies or representalions have been made or have been relted upon
which do not appear in writrng within this Agreement
11. The mediator has provided the initial draft of this agreement to ihe parties ano
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 negoliations and preparation of this
agreement. The parties and their counsel have been free to add to, delete from,
and to otherwise change the initial dratt as they have seen fit This agreement
represents the memoraalization of their intent
lN wlrNESS wHEREoF, the parties have executed this Agreement on the date first
2 Collir..r Courrlr, r'. Srinlilu ct al
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Packet Pg. 729 Attachment: Mediated Settlement Agreement (4601 : Mediated Settlement Agreement - $58,250 - Parcel 364RDUE - Project No. 60145 - Case No.
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Packet Pg. 730 Attachment: Mediated Settlement Agreement (4601 : Mediated Settlement Agreement - $58,250 - Parcel 364RDUE - Project No. 60145 - Case No.
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State o' Florida
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Sta!e ot Florr.Ja
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Packet Pg. 731 Attachment: Mediated Settlement Agreement (4601 : Mediated Settlement Agreement - $58,250 - Parcel 364RDUE - Project No. 60145 - Case No.
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Packet Pg. 732 Attachment: Mediated Settlement Agreement (4601 : Mediated Settlement Agreement - $58,250 - Parcel 364RDUE - Project No. 60145 - Case No.
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identification: . wno
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JOCument.
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Packet Pg. 733 Attachment: Mediated Settlement Agreement (4601 : Mediated Settlement Agreement - $58,250 - Parcel 364RDUE - Project No. 60145 - Case No.
AERIAL – PARCEL 364RDUE
GOLDEN GATE BLVD. PROJECT NO. 60145
EXISTING RIGHT-OF-WAY PER PLAT
/
PARCEL 364RDUE
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Packet Pg. 734 Attachment: Aerial Photograph.Parcel 364RDUE (4601 : Mediated Settlement Agreement - $58,250 - Parcel 364RDUE - Project No. 60145 - Case