Agenda 04/09/2013 Item #16K1 4/9/2013 16.K.1.
EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgments to be
drafted incorporating the same terms and conditions as the Mediated Settlement Agreement awarding
$110,000 which resolves all claims for Parcels 162DE and 162TCE in the lawsuit styled Collier County
v. Max Cap, Inc., et al, Case No. 12-CA-1749-CA; Parcels 166DE and 166TCE in the lawsuit styled
Collier County v. Holistic Health Healing,Inc., et al., Case No. 12-CA-1756-CA and Parcels 157DE and
157TCE in Collier County v. L & R Ram, LLC, et al., Case No. 12-CA-1828-CA (US 41 Ditch/Naples
Manor Canal/LASIP Project#51101)(Fiscal Impact: $93,970).
OBJECTIVE: That the Board approve a Mediated Settlement Agreement and Stipulated Final Judgments
to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement awarding
compensation and business damages for the taking of Parcels 162DE and 162TCE in the lawsuit styled
Collier County v. Max Cap, Inc., et al., Case No. 12-CA-1749-CA; Parcels 166DE and 166TCE in the
lawsuit styled Collier County v. Holistic Health Healing, Inc., et al., Case No. 12-CA-1756-CA; and Parcels
157DE and 157TCE in Collier County v. L & R Ram, LLC, et al., Case No. 12-CA-1828-CA; US 41
Ditch/Naples Manor Canal/LASIP Project#51101.
CONSIDERATIONS: Collier County condemned Parcels 162DE and 162TCE in the lawsuit styled Collier
County v. Max Cap, Inc., et al., Case No. 12-CA-1749-CA; Parcels 166DE and 166TCE in the lawsuit styled
Collier County v. Holistic Health Healing, Inc., et al., Case No. 12-CA-1756-CA and Parcels 157DE and
157TCE in the lawsuit styled Collier County v. L & R Ram, LLC, et al., Case No. 12-CA-1828-CA The
County acquired the subject parcels by Order of Taking on September 28, 2012 and deposited the required
$3,600 (Parcels 162DE/TCE), $8,800 (Parcels 166DE/TCE)and $3,800 (Parcels 157DE/TCE) into the Court
Registry.
Two of the three parcels are owned by L & R Ram, LLC and one parcel is owned by West Stores, Inc. All
three parcels have businesses operating from the sites: two are gas stations/convenience stores and the third
is a restaurant.
A business owner located on the parent tract is entitled to make a claim for business damages pursuant to
Section 73.015(2), F.S. Business damage claims were received from Floridan Foods, LLC d/b/a The Green
Stores Food Mart #106, located on the parent tract of Parcel 166DE/TCE, and Floridan Foods, LLC d/b/a
The Green Store#107, located on the parent tract of parcel 157DE/TCE in the amounts of$364,550 (Parcels
157DE/TCE) and $245,232 (Parcels 166DE/TCE), respectively. The business owner claims business
disruption and a potential loss of revenue due to a loss of access with respect to the Temporary Construction
Easements over the existing driveways off of US 41 on both properties.
At mediation, West Stores, Inc., L & R Ram, LLC and Floridan Foods, LLC were represented by the same
principal owner and the same attorney. Mediation was held on March 11, 2013 for all five claims asserted.
Through negotiations, the parties have reached an agreement to pay the property owner/business owner a
total of$110,000 which is inclusive of full compensation, business damages, statutory interest, attorney's
fees and expert fees and costs. As a further condition of the settlement, the County has agreed to consult
with the contractor whether a potential earlier date of termination of the Temporary Construction Easements
is possible.
This settles claims of owners and business owners on three parent tracts. Staff recommends this settlement
because it is reasonable and the County is not expected to achieve a better result at trial. In addition, the
County was able to settle three parcels in a single mediation, saving the County the cost of three separate
mediations. If approved,the County will be responsible for the following costs:
Additional Amount Owed: $ 93,800
Deposit Fee to Clerk of Court(if any) $ 170
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TOTAL $ 93,970
FISCAL IMPACT: Funds in the amount of$93,970 are available in the Stormwater Capital Improvements
Program,Fund 325. Source of funds is ad valorem taxes.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for approval. -
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 and Jeff E. Wright,Assistant County Attorneys
Attachment: Mediated Settlement Agreement
12-CA-1749/231
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4/9/2013 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 with the
business owner for West Stores, Inc., and L& R Ram, LLC, and a Stipulated Final Judgment to be
drafted incorporating the same terms and conditions as the Mediated Settlement Agreement
awarding$110,000 which resolves all claims for Parcels 162DE and 162TCE in the lawsuit styled
Collier County v. Max Cap, Inc., et al., Case No. 12-CA-1749-CA; Parcels 166DE and 166TCE in
the lawsuit styled Collier County v. Holistic Health Healing, Inc., et al., Case No. 12-CA-1756-CA
and Parcels 157DE and 157TCE in Collier County v. L & R Ram, LLC, et al., Case No. 12-CA-1828-
CA(US 41 Ditch/Naples Manor Canal/LASIP Project#51101) (Fiscal Impact: $93,970).
Meeting Date: 4/9/2013
Prepared By
Name: CrotteauKathynell
Title:Legal Secretary,County Attorney
3/28/2013 10:26:52 AM
Approved By
Name:AhmadJay
Title: Director-Transportation Engineering,Transportation Engineering&Construction Management
Date: 3/28/2013 11:30:35 AM
Name:HendricksKevin
Title:Manager-Right of Way,Transportation Engineering
Date: 3/28/2013 2:35:26 PM
Name:TaylorLisa
Title: Management/Budget Analyst,Transportation Administr
Date: 3/28/2013 4:12:26 PM
Name:AshtonHeidi
Title: Section Chief/Land Use-Transportation,County Attor
Date: 3/29/2013 1:40:19 PM
Name:PepinEmily
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4/9/2013 16.K.1.
Title: Assistant County Attorney, CAO Litigation
Date: 3/29/2013 2:05:56 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 3/29/2013 3:57:09 PM
Name: KearnsAllison
Date: 3/29/2013 3:57:29 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 4/1/2013 11:59:55 AM
Name:UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 4/1/2013 12:08:02 PM
Name: OchsLeo
Title: County Manager
Date: 4/1/2013 1:31:39 PM
Amok
of OW
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY,FLORIDA
CIVIL ACTION
COLLIER COUNTY, a political subdivision
of the State of Florida,
Petitioner, Case No.: 12-CA-1749
vs Parcel Nos.: 162DE, 162TCE
MAX CAP, INC.,et al,
Respondents.
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of Florida,
Petitioner, Case No. 12-CA-1756
v.
HOLISTIC HEALTH HEALING, INC., et al., Parcel Nos.: 166DE, 166TCE
Respondents.
COLLIER COUNTY, a political subdivision
of the State of Florida,
Petitioner, Case No.: 12-CA-1828
vs. Parcel Nos.: 157DE, 157TCE
L &R RAM, LLC.,ET AL.,
Respondents.
MEDIATION AGREEMENT
/dL } I
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-411.-01141talli By-„,
-yin 114 ducks ,Respondent
ROW Acquisition Manager
Petitioner's client for Collier County Respondent
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Emil :p. Esig ref v4t2taill
At or ' -titio r, Collier County -AitO s for aboy,c7named Respondents
- drew G. Diaz,Esqui e
Mediator
ANVot
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