Agenda 02/26/2013 Item #16K12/26/2013 16.K.1.
EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agreement and a Stipulated Final Judgment to
be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement
awarding full compensation, attorney fees and expert fees and costs in the amount of $101,286.30
for Parcels 156DE and 156TCE in the lawsuit styled Collier County v. Max Cap, Inc., et al., Case No.
12 -CA -1749 (US 41 Ditch/Naples Manor Canal/LASIP Project #51101). (Fiscal Impact: $68,656.30).
OBJECTIVE: That the Board approves a Mediated Settlement Agreement and a Stipulated Final
Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement
Agreement awarding full compensation, attorney fees and expert fees and costs for the taking of Parcels
156DE and 156TCE in the lawsuit styled Collier County v. Max Cap, Inc., et al., Case No. 12 -CA -1749,
US 41 Ditch/Naples Manor Canal/LASIP Project #51101.
CONSIDERATIONS: The County acquired a 4,143 square foot drainage easement and a 58 square
foot temporary construction easement from property owner, Max Cap, Inc., by entry of an Order of
Taking on September 28, 2012 and subsequently depositing the amount of $32,800 into the Court
registry. The property is being acquired for the purpose of constructing the improvements proposed as
part of the US -41 Ditch segment of the Lely Area Stormwater Improvement Project located in East
Naples, and for providing government access to the improvements, for the benefit of the public, to
alleviate flooding in the East Naples area.
At mediation held on January 29, 2013, the property owner, Max Cap, Inc., offered to settle for $115,500
exclusive of attorney fees and expert fees and costs. Through negotiations, the parties reached an
agreement wherein the County would pay the property owner the total amount of $101,286.30 inclusive
of full compensation, all attorney fees and expert fees and costs.
Staff recommends this settlement because it is reasonable and the County is not expected to achieve better
results at trial. If approved, the County will be responsible for the following costs:
Additional amount owed: $ 68,486.30
Attorney fees: Included
Expert fees: Included
Clerk's service fee: $ 170.00
TOTAL $ 68,656.30
Attached is the Mediated Settlement Agreement providing for the above - stated funds.
FISCAL IMPACT: Funds in the amount of $68,656.30 are available in the Stormwater Capital
Improvements Program, Fund 325. Source of funds are ad valorem taxes.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. This item requires a
majority vote. (ERP)
RECOMMENDATION: That the Board of County Commissioners approves the Mediated Settlement
Agreement; approves the Stipulated Final Judgment which incorporates the terms and conditions of the
Mediated Settlement Agreement to be presented to the Court for entry; and approves the expenditure and
disbursement of funds as stated.
PREPARED BY: Emily R. Pepin, Assistant County Attorney
Attachment: Mediated Settlement Agreement
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2/26/2013 16.K.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.1.
Item Summary: Recommendation to approve a Mediated Settlement Agreement and a
Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the
Mediated Settlement Agreement awarding full compensation, attorney fees and expert fees
and costs in the amount of $101,286.30 for Parcels 156DE and 156TCE in the lawsuit styled
Collier County v. Max Cap, Inc., et al., Case No. 12 -CA -1749 (US 41 Ditch /Naples Manor
Canal /LASIP Project #51101). (Fiscal Impact: $68,656.30).
Meeting Date: 2/26/2013
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
2/13/2013 10:08:57 AM
Approved By
Name: TavlorLisa
Title: Management/Budget Analyst,Transportation Administr
Date: 2/13/2013 12:03:52 PM
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
Date: 2/13/2013 2:37:45 PM
Name: ShueGene
Date: 2/13/2013 2:48:09 PM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 2/14/2013 12:05:28 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 2/14/2013 1:21:09 PM
Packet Page -2176-
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 2/14/2013 1:54:39 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 2/14/2013 5:00:32 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 2/15/2013 11:53:40 AM
Name: OchsLeo
Title: County Manager
Date: 2/15/2013 12:27:24 PM
Packet Page -2177-
2/26/2013 16.K.1.
2/26/2013 16.K.1.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of Florida,
Case No. 12 -CA -1749
Petitioner,
V.
Parcel Nos.: 156DE, 156TCE
MAX CAP INC., et al.
Respondents.
MEDIATED SETTLEMENT AGREEMENT
At the Mediation Conference held on January 29, 2013, the parties reached the
following Settlement Agreement:
1. Petitioner will pay to Respondent, Max Cap, Inc., the sum of
$101,286.30 in full settlement of all claims for compensation from Petitioner whatsoever,
including all claims related to real estate, attorney's fees, and experts' fees and costs. Said
sum will be subject to claims of apportionment, if any. Petitioner previously deposited the
sum of $32,800.00 in the Registry of the Court in this case. Upon the entry of the Stipulated
Final Judgment in this matter, Petitioner will deposit in the Registry of the Court the sum of
$68,486.30, representing the difference between the total settlement sum referenced above
and Petitioner's previous deposit referenced above.
2. This Settlement Agreement is subject to and conditioned upon final
approval by the Board of County Commissioners of Collier County.
3. Counsel for Petitioner and Respondent will jointly submit to the Court
a mutually approved Stipulated Final Judgment containing the terms and conditions of this
Settlement Agreement within ten days following the final approval of this Settlement
Agreement by the Collier County Board of County Commissioners.
4. Attached hereto is an addendum to this Settlement Agreement.
Yes X No
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This Settlement.�Keement, dated
r
Pbehalf of Petitioner, Collier Cotes
Emily R. P in, Esq.
Attorney for Petitioner
r
William B. Smith, Esq.
Mediator
2/26/2013 16.K.1.
292013, contains all of the agreements of the
Ronald D. Hilton
on behalf f esponde M Inc.
William P. Blade, Esq.
Attorney for Respondent
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