Agenda 04/10/2018 Item #16K 504/10/2018
EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agreement in the amount of $105,000 for full
compensation for the taking of Parcel 370RDUE, plus $18,000 for statutory attorney fees, and
$15,955 for 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 Blvd. (Project No. 60145). [Fiscal
Impact: $83,955, plus approximately $10,000 for driveway and culvert construction.]
OBJECTIVE: To settle full compensation owed for the taking of Parcel 370RDUE required for the road
widening of Golden Gate Blvd. 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 of County Commissioners approved
Condemnation Resolution 2016-89 to acquire the necessary property to construct the Project. On
November 22, 2016, the County condemned Parcel 370RDUE and deposited a good faith estimate of
value of $55,000 into the Court Registry. Parcel 370RDUE is a 18,367 square foot road right -of-way,
drainage, and utility easement taken from vacant property owned by William Vines. The parent tract lies
on the southwest corner of the intersection at Golden Gate Blvd. and Evergl ades Blvd. and is designated
on the Future Land Use Map as within a Neighborhood Center Subdistrict. Both parties agreed that this
designation allows for future commercial development upon a rezone and appraised the property as such;
however, the parties differed in how much that future designation is worth to potential buyers in today’s
market. The County’s appraisal appraised the property at $3/sq. ft., while the property owner’s appraisal
was at $9/sq. ft.
The property owner’s initial claim at mediation was a total of $202,800, which includes the $9/sq. ft.
value to the land taken and $39,200 in increased costs to cure the restricted access to the property as a
result of the construction of curbing and widened ditches. At Court Ordered mediation held March 28,
2018, the parties agreed to full compensation for the property interest taken in the amount of $105,000
(approximately $5.72/sq. ft.) and the County agreed to construct a driveway entrance and culvert into its
Project design to resolve the access issue. This settlement will also require the County to pay $18,000 for
statutory attorney fees and $15,955 in negotiated expert fees and costs. If this settlement is approved, the
County will be required to pay $83,955 over the $55,000 already deposited into the Court Registry.
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.
FISCAL IMPACT: Funds in the amount of $83,955.00 will be paid from gas taxes and/or impact fees
from Golden Gate Blvd. Project No. 60145. Additionally, the paved driveway and culvert to be bu ilt as
part of the overall construction project will cost approximately $10,000. The primary funding source for
the acquisition of right-of-way is impact fees. Should impact fees not be sufficient within a particular
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: Recommendation to approve a Mediated Settlement Agreement in the amount
of $105,000 for full compensation of the taking of Parcel 370RDUE, plus $18,000 for statutory attorney
fees, and $15,955 for expert fees, and costs, in the case styled Collier County v. Steven A. Edwards, et al.,
16.K.5
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04/10/2018
Case No. 16-CA-1327, required for improvements to Golden Gate Blvd. (Project No. 60145).
Prepared by: Emily R. Pepin, Assistant County Attorney
ATTACHMENT(S)
1. Mediated Settlement Agreement - Parcel 370RDUE (PDF)
2. Aerial photograph.vines Parcel 370RDUE (PDF)
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04/10/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.5
Doc ID: 5291
Item Summary: Recommendation to approve a Mediated Settlement Agreement in the amount of
$105,000 for full compensation for the taking of Parcel 370RDUE, plus $18,000 for statutory attorney
fees, and $15,955 for 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 Blvd. (Project No. 60145). [Fiscal
Impact: $83,955, plus approximately $10,000 for driveway and culvert construction.]
Meeting Date: 04/10/2018
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
04/04/2018 9:07 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
04/04/2018 9:07 AM
Approved By:
Review:
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 04/04/2018 9:37 AM
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 04/04/2018 10:45 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 04/04/2018 10:56 AM
Growth Management Department Debbie Allen Additional Reviewer Skipped 04/04/2018 11:01 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 04/04/2018 11:23 AM
Growth Management Department Debbie Allen Deputy Department Head Review Skipped 04/04/2018 9:05 AM
Growth Management Department Jeanne Marcella Department Head Review Completed 04/04/2018 11:30 AM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 04/04/2018 11:56 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/04/2018 12:00 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 04/04/2018 12:56 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/04/2018 2:35 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 04/04/2018 2:54 PM
Board of County Commissioners MaryJo Brock Meeting Pending 04/10/2018 9:00 AM
16.K.5
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNIY. FLORIDA - CIVIL ACTION
COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS, a political Subdivision
of the State of Florida,
Petrtioner
STEVEN A EDWARDS, et al.,
Respondents
Case No. 16-CA-1327
Parcel No.: 370RDUE
Mediated Settlement Aqreement dated March 28. 2018
It is agreed by and between the undersigned as follows:
1. Settlement Amount: Collier County (COUNTY) shall pay the total sum of
$ 105,000 to Defendant William Vines for the taking of parcel 370RDUE.
parties. This payment is for full and final settlement of all outstanding claims.
2. COUNTY shall additionally pay the sum of $ 18,000 as and for attorney fees of
Defendant William Vines.
3. COUNTY shall additionally pay $8,625 to Calhoun, Collister and Parham, Inc..
Inc. for real estate appraisal services and $7,330 to Barraco and Associates for
engrneering and land planning services, as and for expert 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. Additionally, this settlement is contingent upon the parties agreeing upon the
location of a 30-foot wide commercial driveway. The driveway connection shall
be constructed by the COUNTY as part of the project, and the Defendant shall
allow reasonable access to the remainder as well as the area of taking so as to
permit the construction.
6. This agreement is subject to entry of the final judgment, which judgment shall
provide that the compensation in paragraphs numbered 1 through 3 shall be full
and final compensation for the taking
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 parties and shall not be
used in evidence by any party for any purpose, except to enforce the terms
thereof .
16.K.5.a
Packet Pg. 1013 Attachment: Mediated Settlement Agreement - Parcel 370RDUE (5291 : Mediated Settlement Agreement - $105,000 - Parcel 370RDUE - 16-CA-
9. 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.
Kenneth
Attorney
.J nes, Esq.
or efendant William Vines
(-' /iL- --, rI l)-,------ .-
William Vines
mily R. P
Attorney for
Collier County
Robert Bosch
Right of Way Acquisition Manager
16.K.5.a
Packet Pg. 1014 Attachment: Mediated Settlement Agreement - Parcel 370RDUE (5291 : Mediated Settlement Agreement - $105,000 - Parcel 370RDUE - 16-CA-
AERIAL – PARCEL 370RDUE
GOLDEN GATE BLVD. PROJECT NO. 60145
EXISTING RIGHT-OF-WAY PER PLAT
/
PARCEL 370RDUE
EXISTING RIGHT -OF-WAY PER PLAT
16.K.5.b
Packet Pg. 1015 Attachment: Aerial photograph.vines Parcel 370RDUE (5291 : Mediated Settlement Agreement - $105,000 - Parcel 370RDUE - 16-CA-1327 -