Agenda 11/18/2014 Item # 16A1711 /18/2014 16.A.17.
EXECUTIVE SUMMARY
Recommendation to authorize a Mediated Settlement Agreement for the payment of
$125,000 plus fees and costs for the taking of Parcel 112FEE in the case styled Collier
County v. New Plan Florida Holdings, LLC for the improvements to the intersection of
Collier Boulevard (C.R. 951) and US 41 (Project No. 60116) (Fiscal Impact: $132,763).
OBJECTIVE: To authorize a mediated settlement agreement settling full compensation for the
taking of Parcel 1 l2FEE for the improvements to the intersection at Collier Boulevard and US-
41.
CONSIDERATIONS: Parcel l 12FEE was taken from Southern Management Corp. by Collier
County at an Order of Taking hearing held on March 13, 2013, by subsequently depositing the
amount of $47,200 into the Court Registry. Southern Management Corp operates a Burger King
restaurant at this location from which the County took a right -of -way parcel consisting of 2,550
square feet. At mediation held October 1, 2014, the property owner presented a claim for full
compensation totaling $428,656 broken down as follows: (l) $191,226 (land, improvements and
severance damages to the remainder), and (2) $237,430 (business damages).
A jury verdict splitting the difference between the owner's claim and the County's deposit would
have been approximately $237,928. Under the split verdict scenario the owner's attorney fees,
based upon the statutory formula, would have been $63,369.24. The combined costs for expert
witnesses (both the County's and the Respondent's) is estimated at not less than $300,000; and
assuming the trial could be held before November 2014, the prejudgment interest attaching to the
jury verdict would be another $13,589. In addition to these costs, the County would also be
responsible for its own attorney fees, estimated at not less than $50,000.
The County and Respondent negotiated a settlement of $125,000 for full compensation including
statutory interest, and all claims related to real estate and business damages. In addition, the
County is paying for the owner's three expert witnesses and the owner's attorney fees as is
required by law. The owner's attorney fees amount to $21,153 according to the "benefit
formula" per Section 73.092(1), F.S., the owner's expert costs were negotiated down from
$39,577 to $33,640.45.
Attached is the Mediated Settlement Agreement providing for the above - stated funds. Upon
approval of the Mediated Settlement Agreement, a stipulated final judgment will be presented to
the Court including the same terms and conditions.
FISCAL IMPACT: Funds in the amount of $132,763 (additional funds to the Respondent of
$132,593 plus a $170 deposit fee to the Clerk of Courts) are available in the Transportation US
41 /SR -CR951 Intersection Improvement Project (No. 60116). Source of funds is Road Impact
Fees and or gas taxes. The county currently maintains the US41/951 intersection, so incremental
maintenance costs ultimately related to the improvements will be minimal compared to the
overall benefits of the project. New roadway construction has a maintenance curve of
approximately 5 to 7 years before any costs are required for repairs or replacement.
Packet Page -1119-
11 /18/2014 16.A.17.
GROWTH MANAGEMENT IMPACT: There is no Growth Management 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: That the Board of County Commissioners authorize the attached
Mediated Settlement Agreement, direct the County Attorney's Office to file with the Clerk of
Court a stipulated final judgment including the same terms and conditions, and authorize the
expenditure and disbursement of funds as stated.
Prepared by: Kevin Hendricks, Right -of -Way Acquisition Manager, Transportation Engineering
Attachments: (1) Mediated Settlement Agreement; and (2) Location Map.
Packet Page -1120-
11 /18/2014 16.A.17.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.17.
Item Summary: Recommendation to authorize a Mediated Settlement Agreement for the
payment of $125,000 plus fees and costs for the taking of Parcel 112FEE in the case styled
Collier County v. New Plan Florida Holdings, LLC for the improvements to the intersection of
Collier Boulevard (C.R. 951) and US 41 (Project No. 60116) (Fiscal Impact:$132,763)
Meeting Date: 11/18/2014
Prepared By
Name: HendricksKevin
Title: Manager - Right of Way, Transportation Engineering & Construction Management
10/9/2014 4:41:13 PM
Approved By
Name: AhmadJay
Title: Director - Transportation Engineering, Transportation Engineering & Construction Management
Date: 10/20/2014 7:39:36 AM
Name: TaylorLisa
Title: Management/Budget Analyst, Transportation Administration
Date: 10/21/2014 1:17:10 PM
Name: KearnsAllison
Title: Manager Financial & Operational Support, Transportation Administration
Date: 10/22/2014 4:04:04 PM
Name: LynchDiane
Title: Supervisor - Operations, Road Maintenance
Date: 10/27/2014 2:09:47 PM
Name: ShueGene
Title: Director - Operations Support, Transportation Administration
Date: 10/29/2014 5:07:23 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Packet Page -1121-
Date: 10/30/2014 4:15:24 PM
Name: MarcellaJeanne
11 /18/2014 16.A.17
Title: Executive Secretary, Transportation Planning
Date: 1 1/3/2014 1 1:36:29 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/3/2014 2:31:33 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 11/6/2014 8:58:19 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 11 /6/2014 2:00:03 PM
Packet Page -1122-
11 /18/2014 16.A.17.
LOCATION MAP
Packet Page -1123-
11 /18/2014 16.A.17.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
COLLIER COUNTY, a political
Subdivision of the State of Florida
Petitioner,
V. Case No 13 -CA -238
NEW PLAN FLORIDA HOLDINGS, LLC.
etc. et al. Parcel No. 112FEE,
Respondents
MEDIATED SETTLEMENT AGREEMENT
Pursuant to the Mediation Conference held on October 1, 2014, at the Office of the County
Attorney, 3299 East Tamiami Trail, Suite 800, Naples, Florida 34112, the parties have agreed to abide by
the following-
Packet Page -1124-
11 /18/2014 16.A.17.
THIS STIPULATION BECOMES BINDING UPON THE PARTIES BY THEIR EXECUTION AND THAT OF
THEIR COUNSEL AND THE APPROVAL OF THE BOARD OF COUNTY COMMISSIONERS.
�MILY R. PEPI , ESQUIRE
Office of the Co ty Attorney
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Attorney for Collier County
FBN: 92956
Office: 239 -252 -8400
E -mail: emiiY��in(acollieraov.net
AADREW G. DIAZ, ESQUIRE
Gaylord Merlin Ludovici 9 Diaz
5001 West Cypress Sheet
Tampa, Florida 33607
FBN: 974196
Office: 813 -221 -9000
E -mail: ad az(a-�gavlordmeriin com
JAM S A.HELINGER JF M HTt
4756 .,entral Avenue
St. P tersburg, Florida 3
-328 -7100; FBN: 00145200
CERTIFICATION NO. 12262 R
E -mail: jimrueminentdomainfia.com
BY:
Print Name
SOUTHERN MANAGEMENT CORPORATION,
a Florida Corporation, d /b /a BURGER KING
BY:
RESPONDENT ,
Diu c&rz c
Print Name
BY:
RESPONDENT
Print Name
Packet Page -1125-
N\
MASONRY WALL
STORMWATER POND
DECORAVVE METAL FENCE
Lp�
11/18/2014 16.A.17.
b
SITE MODIFICATION SCALE 1"-50'
STATE ROAD 90
Emmo- LMA
ns sociater,
SOUTHERN MANAGEMENT CORP.
31622 LLS. 19 14.61. #-.fm Harbor, Fi-ido 34"4
(?27j TSS_MJC, r"; (72T)
Toil Free: (850)
PARCEL112
Packet Page -1126-