Agenda 05/13/2014 Item #16K1 5/13/2014 16.K.1.
EXECUTIVE SUMMARY
Recommendation to approve a Joint Motion for Final Judgment in the amount of
$110,000.00 for the acquisition of Parcel 114FEE in the lawsuit styled Collier County,
Florida v. New Plan Florida Holdings, LLC, et al., Case No. 13-CA-238 (US 41/SR-CR-951
Intersection Improvement Project#60116). (Fiscal Impact: $52,770.00)
OBJECTIVE: That the Board approves a Final Judgment for full and final compensation to be
paid for the acquisition of Parcel 114FEE in the lawsuit styled Collier County, Florida v. New
Plan Florida Holdings, LLC, et al., Case No. 13-CA-238 (US 41/SR-CR-951 Intersection
Improvement Project#60116).
CONSIDERATIONS: The County acquired the subject property by entry of an Order of
Taking on March 13, 2013 and subsequently depositing the amount of$57,400.00 into the Court
Registry on March 21, 2013. The taking of Parcel 114FEE was acquired from Suntrust Bank.
The County and Respondent negotiated a global settlement of$110,000 for full compensation
including statutory interest, all claims related to real estate and business damages, and all
attorney's fees, experts' fees, and costs. The settlement also resolves the interest Suntrust Bank
has in Parcel 113FEE by virtue of a cross-access easement agreement with the owner of the
Freedom Square Shopping Center.
Since the discussion of a potential overpass at this intersection has been disseminated to the
public absent any real plans to build an overpass, the County has also agreed to allow
Respondent to bring forth a claim, if any, of additional damages if and when an overpass is
constructed within the footprint of the current right-of-way taking. The County reserves the right
to dispute the amount of damages and determine there are no additional damages to the
remainder property at the completion of the construction. This settlement will, in essence, delay
any severance damage claims until such time as an overpass is actually built and damages, if any,
can be accurately.quantified.
Attached is the Joint Motion for Final Judgment providing for the above-stated funds.
FISCAL IMPACT: Funds in the amount of$52,770.00 (additional funds to the Respondent of
$52,600.00 plus a $170.00 deposit fee to the Clerk) are available in the Transportation US
41/SR-CR951 Intersection Improvement Project (#60116). Source of funds is Road Impact
Fees. There is no incremental maintenance cost associated with this action.
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: That the Board of County Commissioners approves the Stipulated
Final Judgment and approves the expenditure and disbursement of funds as stated.
PREPARED BY: Emily R. Pepin, Assistant County Attorney
Packet Page -1927-
5/13/2014 16.K.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.1.
Item Summary: Recommendation to approve a Joint Motion for Final Judgment in the
amount of$110,000 for the acquisition of Parcel 114FEE in the lawsuit styled Collier County,
Florida v. New Plan Florida Holdings, LLC, et al., Case No. 13-CA-238 (US 41/SR-CR-951
Intersection Improvement Project#60116). (Fiscal Impact: $52,770)
Meeting Date: 5/13/2014
Prepared By
Name: AllenDebbie
Title:Legal Office Administrator, CAO Office Administration
5/1/2014 3:02:18 PM
Submitted by
Title: Assistant County Attorney, CAO Litigation
Name: PepinEmily
5/1/2014 3:02:18 PM
Approved By
Name: AhmadJay
Title: Director-Transportation Engineering,Transportat
Date: 5/5/2014 10:05:38 AM
Name: KearnsAllison
Title: Manager Financial &Operational Support,Transportation Administration
Date: 5/5/2014 4:43:41 PM
Name: ShueGene
Title: Director-Operations Support,Transportation Administration
Date: 5/6/2014 2:29:29 PM
Name: HendricksKevin
Title: Manager-Right of Way, Transportation Engineering&Construction Management
Date: 5/6/2014 2:35:32 PM
Packet Page -1928-
5/13/2014 16.K.1 .
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administration
Date: 5/6/2014 2:35:40 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 5/6/2014 2:50:23 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 5/6/2014 3:09:11 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 5/6/2014 4:53:47 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/7/2014 12:02:30 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 5/7/2014 2:09:12 PM
Packet Page-1929-
5/13/2014 16.K.1.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY,FLORIDA
CIVIL ACTION
COLLIER COUNTY,FLORIDA, a political
subdivision of the State of Florida,
Case No.: 13-CA-238
Petitioner,
Parcels: 114FEE
vs.
NEW PLAN FLORIDA HOLDINGS, LLC,a
Delaware limited liability company; et al.,
Respondents.
JOINT MOTION FOR ENTRY OF STIPULATED FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA,together with Respondent, SUNTRUST
BANK,hereby respectfully move for entry of the Stipulated Final Judgment (with disbursement
directions to the Clerk of the Court) as to Parcel 114FEE attached hereto.
7
Dated: 511.2 / f Dated:
t
1
KE 1T Li. HIPPF( S UIRE EMILY R. PEPIN,ESQUIRE
Florida Bar No. 87930 Florida Bar No. 92956
GrayRobinson,P.A. ASSISTANT COUNTY ATTORNEY
301 East Pine Street, Suite 1400 Harmon Turner Building
Orlando, Florida 32801 3299 East Tamiami Trail, Suite 800
I_:ert.hipn cr�77ray-robinson.corn Naples, Florida 34112
ATTORNEY FOR RESPONDENT emit -pe..pin( collienjov.net
SUNTRUST BANK kathvnellcrotteau 2i coiliergov.net
nancvbradleyk ;collier{aov.net
ATTORNEY FOR PETITIONER
Packet Page-1930-
5/13/2014 16.K.1 .
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Motion was
electronically filed with the Florida Courts E-Filing Portal which will send a notice of electronic
filing to all parties as indicated on the attached Service List and on this day of
, 2014.
EMILY R. PEPIN,ESQUIRE
SERVICE LIST
PARCEL 11 4FEE
SunTrust Bank,a Georgia Banking corporation
do Kent L.Hipp,Esquire
V.Nicholas Dancaescu,Esquire
Gray Robinson,P.A.
P.O. Box 3068
Orlando,FL 32802
(via electronic mail)
k ipp(it fzrav-robinsotl.c.-.om
nick.dancaescurarohjnson,corn
ci ebb e.town seneig gra v-rob in son.corn
ALL PARCELS
Lely Community Development District
do David E.Bryant,Esquire
The Bryant Law Firm
Stand Executive Center
5633 Strand Boulevard, Suite 311
Naples,FL 34110
(via electronic mail)
•
au rum stata aol.corn
Larry H.Ray
as Collier County Tax Collector
do Charles PT Phoenix,Esquire
Rhodes Tucker Garretson&Phoenix
2401 Periwinkle Way, Suite 6
Sanibel, FL 33957
(via electronic mail)
eptprhodesturker,corn
kv@rhodestucker.com
Packet Page-1931-
5/13/2014 16.K.1 .
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY,FLORIDA, a political Case No.: 13-CA-238
subdivision of the State of Florida,
Parcels: 114FEE
Petitioner,
vs.
NEW PLAN FLORIDA HOLDINGS, LLC, a
Delaware limited liability company; et al.,
Respondents.
STIPUALTED FINAL JUDGMENT
(with disbursement directions to the Clerk of the Court)
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent,
SUNTRUST BANK, by and through its undersigned counsel, for entry of a Stipulated Final
Judgment as to Parcel 114FEE for Project 60116, and it appearing to the Court that the parties
are authorized to make such Motion, the Court finding that the compensation to be paid by
Petitioner is the full compensation due the Respondent, SUNTRUST BANK, and the Court
being fully advised in the premises thereof, it is thereupon
ORDERED AND ADJUDGED:
1. Respondent, SUNTRUST BANK, have and recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of One Hundred Ten Thousand and No/100 Dollars
($110,000.00) for Parcel 114FEE, as full compensation, including damages, cost to cure,
Packet Page-1932-
5/13/2014 16.K.1 .
statutory interest, and for any severance, business, and all other damages in connection with said
parcel, inclusive of all attorney's fees, expert fees and costs.
2. Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for good faith
estimate of value previously deposited in the amount of Fifty-Seven Thousand Four Hundred
and No/100 Dollars ($57,400.00).
3. Within thirty (30) days hereof, Petitioner, COLLIER COUNTY, FLORIDA, shall
pay an additional Fifty Two Thousand Six Hundred and No/100 Dollars ($52,600.00) into the
Court Registry for additional funds agreed upon for the benefit of Respondent.
4. The Clerk of the Court shall immediately disburse the Fifty Two Thousand Six
Hundred and No/100 Dollars ($52,600.00) to the Gray Robinson, P. A. Trust Account c/o
Respondent SUNTRUST's counsel, Kent L. Hipp, Esquire, 301 East Pine Street, Suite 1400,
Orlando, Florida 32802.
5. The Clerk of the Court shall immediately disburse the One Thousand Six
Hundred and No/100 Dollars ($1,600.00) previously deposited in the Court Registry to the
Gray Robinson, P. A. Trust Account c/o Respondent SUNTRUST's counsel, Kent L. Hipp,
Esquire, 301 East Pine Street, Suite 1400, Orlando, Florida 32802.
6. Respondent's claim for damages resulting from the grade separated overpass of
C.R. 951 over US 41 ("Overpass Claim") shall be determined at the time of completion of the
construction of the overpass. The right to raise such claim shall only be available to the owner of
the property at the time of the completion of the overpass. If Respondent chooses to sell the
remainder real estate prior to the completion of the overpass, such right to claim damages shall
be extinguished as to the current Respondent and pass to the subsequent owner of the remainder
real estate. Accordingly, the term "Respondent," as it is used in the rest of this paragraph only,
Packet Page -1933-
5/13/2014 16.K.1.
shall also refer to the proper party if the current Respondent no longer has any interest in the
property adjacent to the intersection at C.R. 951 and US 41 at the time of completion of the
overpass. Petitioner shall not contest the legal compensability of the Overpass Claim. However,
Petitioner shall be entitled to contest what amount is owed, if any. In order to bring an Overpass
Claim, Respondent shall give Petitioner notice of such Overpass Claims, which notice shall
include a copy of this Final Judgment, upon completion of construction of the overpass
improvements and no later than 3 years after completion of the overpass. Within one hundred
and fifty (150) days from the date of notice from the Respondent of their Overpass Claim,
Petitioner shall tender an offer of settlement for damages to Respondent via certified mail.
Petitioner and the Respondent shall schedule mediation to attempt to resolve the Overpass Claim
no later than 90 days after the offer of settlement has been received, if Respondent rejects the
settlement offer tendered by Petitioner. Should the parties not resolve the Overpass Claim at
mediation, Petitioner shall file suit against Respondents based on this Judgment and the parties
shall proceed to a Jury Trial on the issue of full compensation of said claim, without the need for
any further mediation. Attorney fees shall be awarded pursuant to the provisions of Section
73.092(1), Florida Statutes, with the benefit being calculated as the difference between the
above-referenced settlement offer and the amount contained in the Stipulated Final Judgment.
7. County shall maintain continuous access to Respondent's Parcel 114 remainder
property over the Freedom Square Shopping Center driveway underlying Parcel 113.
8. Title to Parcel 114FEE, being fully described in Exhibit "A" attached hereto and
incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated March 13,
2013, and the deposit of money heretofore made is approved, ratified, and confirmed.
Packet Page-1934-
5/13/2014 16.K.1.
9. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official
Record Book 4879, Page 1825, et.seq., of the Public Records of Collier County, Florida be
dismissed as to Parcel 114FEE.
10. This Stipulated Final Judgment will be subject to claims of apportionment, if any,
by any judgment creditors, mortgages and lien holders named in this action.
11. ORDERED AND ADJUDGED that the Court reserves jurisdiction to enforce the
terms of this Stipulated Final Judgment.
12. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
IT IS THEREFORE, DONE AND ORDERED in Chambers at Naples, Collier County,
Florida,this day of 2014.
HONORABLE CYNTHIA A.PIVACEK
CIRCUIT COURT JUDGE •
Conformed copies to:
Emily R.Pepin,Esquire
Kent L.Hipp,Esquire
David E.Bryant,Esquire
Charles PT Phoenix,Esquire
Kevin Hendricks,Acquisition Mgr./Transportation
Bookkeeping
Packet Page-1935-
5/13/2014 16.K.1.
Schedule 1
(Fee Simple Acquisition)
TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLNATIONS
INCURRED FOR THE CONSTRUCTIQN,OPERATION AND MAINTENANCE OF
ROADWAY.DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTFjtSECTION
OF US 41 AND COLLIER BOULEVARD ITRANSPORTATIONJNTERSECTION
SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO.4011e)
The following summarizes the interests and rights Collier County (hereinafter the
County") shall acquire from the property owners/interest holders (hereinafter
'Owner(s)") of certain real property and described in the legal description and sketch
(`Schedule in and the obligations the County has agreed to comply with in connection
with such Interests and rights:
1. The area of the interests and rights to be acquired by the County are described
and depicted herein and on Schedule II.
2. Schedule II describes and depicts a fee simple acquisition from Owners)for road
construction and related purposes,all being associated with the Project. The County
shall acquire a fee simple interest in the property described and depicted on Schedule
•
II.
Schedule 1-Page 1 of 1
Packet Pa a-1936-
5/13/2014 16.K.1.
I / 1•
• E /941:e p �, SCH LE II
e-y`'.z" Page 1 1
O b m ," LELY RESORT PHASE 1,
t PB 16, PC 07
LiNRK SCUS 1+ 4141
7'•b' F
. TRACT 15
SUNTRUST BANK
OR 4364, PC 445
FOLIO NO. 55425004005
043519'04`E ,SI 114FEE /1,,
15.50' ,, , 3,100 SF
44 -u4. rtif
`d,`.
f+q*�yt ''fir I,III
'V4/ 15,50'535'42'2515
1 5.50•
POD
NNNNse.N>NN MOM Pli
*x; 44'
LEGEND
RN-woo-OF-1µY
OR-OFFICNL RECORDS BOOK
P .0 PLAT PLAT BO
PC- PAGE
P011-POINT OF BECINBAO
NO.- NUMBER
SR-STATE ROAD
FEE SIMPLE AKA-ALSO KNOWN AS
LEGAL DESCRIPTION - PARCEL 114FEE INTEREST
A PARCEL OF LAND LYING IN SECTION 3,TOWNSHIP 51 SOUTH.RANGE 25 EAST. COWER COUNTY, FLORMA BEING
YORE PARTICULARLY DESCRIBED AS FOLLOWS;
57, THE PUBUC RECORDS OF COWER COUNTY, FLORIDA. ALSO BEING A 1POINT ON THE BODE RIGHT—OF—WAY
UNE OF US. 41;
THENCE N547.0'28'W FOR 199.95 FEET ALONG SAID NORTHERLY RIGHT—OF—WAY UNE OF U.S. 41;
THENCE LEAVING SAID NORTHERLY RIGHT—OF—WAY UNE OF U.S. 41, N33'30'041 FOR 15.50 FEET ALONG THE
WESTERLY BOUNDARY OF SAID TRACT 15;
THENCE LEAVING SAID WESTERLY BDUHONRI'. 554'20'2B'E FOR 199.90 FEET, TO A POINT ON THE EASTERLY BOUNDARY
OF SAM TRACT 16;
THENCE 535-4215'W FOR 15.50 FEET ALONG THE EASTERLY BOUNDARY OF SAID TRACT 15, TO THE POW' OF
BEGINNING OF THE PARCEL HEREIN DESCRIBED.
CONTAINING 3.100 SOUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS ANO RESTRICTIONS OF RECORD.
TECM-ROW
•
JUN I52012
(1/Wit�A. WARD PROFESSIONAL LAND SURVEYOR
W 5301 aTE SIGNED
NOT VAUB WITHOUT THE ORIGINAL SIGNATURE /c RAISED EMBOSSED SELL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
M 4 am pm IY-UIrLOR/,a/p••••SIM•lr,r„�M-+•-M,../A41 WOW"V.A.I y •..
+f1A++ ww.1,w+NR�+r U.Ryr_1N47,4l1
PROIBGTI U.R.41/C.R.951/B.R.951
RVkKw
BUTCH AND ISGAL DESCRIPTION
PARC![ 1141R WORT—OT•TAY *I"wo
Ammo*.A OA.,Awils
PRIMA FOR MUM GOMM 9511610=1 T/9oV9 Of COUNTY 0:505550k555 rti foSIONNr Pct ow Amin,
SCALE uM►;HRR
000001.OD.00 RD�iON SECTK*li TOWNSHIP 5E 1 1 SO' , 5/5112 DRAWN R.A.K. SKD 114FEE 1 OF 1 '
Schedule II
Packet Pare-1937-