Agenda 05/13/2013 Item #16A255/14/2013 16.A.25.
EXECUTIVE SUMMARY
Recommendation to ratify and approve a stipulated Final Judgment as to the interest of
Regions Bank in Parcel 113FEE and Parcel 113TCE as part of the US -41 / Collier
Boulevard Intersection Improvement project (Project No. 60116) Fiscal Impact: $5,214.
OBJECTIVE: To settle the lawsuit styled Collier County v. New Plan Florida Holdings, LLC,
et al, as to the interest of Regions Bank in Parcel 113FEE and 113TCE and eliminate exposure to
further costs arising out of extended litigation.
CONSIDERATIONS: The above - referenced parcels were taken by Collier County for the
purpose of constructing at -grade improvements to the intersection of US -41 and Collier
Boulevard. Regions Bank is the holder of a reciprocal access easement over the New Plan
Florida Holdings, LLC, shopping center property. As such they had to be served as a party
defendant in the eminent domain lawsuit styled Collier County v. New Plan Florida Holdings,
LLC, and were therefore entitled to hire counsel, and expert witnesses for the purpose of
exercising their right to make an apportionment claim on the proceeds from the County's
deposit.
Regions Bank has agreed to resolve their entitlement to apportionment for the total sum of
$5,000 inclusive of all attorney fees and expert witness costs. (See Paragraph 1 of the attached
Stipulated Final Judgment.)
FISCAL IMPACT: Additional expenditures include $5,000 to defendant's attorney's trust
account, $44 in recording fees and $170 Clerk's Service Fee. Funds in the amount of $5,214 are
available in the project. Source of funds are impact fees. There are no on -going maintenance or
repair costs associated with the acquisition of right -of -way for the project.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with the approval of this agenda item.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action and requires a
majority vote for approval. JW
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida,
approve entry of the attached Stipulated Final Judgment with the Circuit Court.
Prepared by: Kevin Hendricks, Right -of -Way Acquisition Manager
Attachments: Stipulated Final Judgment with legal description attached thereto
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.25.
Item Summary: Recommendation to ratify and approve a stipulated Final Judgment as to
the interest of Regions Bank in Parcel 113FEE and Parcel 113TCE as part of the US -41 / Collier
Boulevard Intersection Improvement project (Project No. 60116) Fiscal Impact: $5,214.
Meeting Date: 5/14/2013
Prepared By
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
4/2/2013 11:43:14 AM
Approved By
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 4/17/2013 2:49:04 PM
Name: LynchDiane
Title: Administrative Assistant
Date: 4/18/2013 12:54:58 PM
Name: KearnsAllison
Date: 4/19/2013 8:12:07 AM
Name: KearnsAllison
Date: 4/19/2013 8:40:30 AM
Name: ShueGene
Date: 4/19/2013 2:27:14 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 4/24/2013 8:12:25 AM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
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Date: 4/24/2013 8:43:09 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 4/24/2013 4:12:28 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 5/2/2013 12:23:01 PM
Name: OchsLeo
Title: County Manager
Date: 5 /2/2013 4:44:47 PM
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5/14/2013 16.A.25.
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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,
Petitioner,
VS.
NEW PLAN FLORIDA HOLDINGS, LLC, a
Delaware limited liability company; BANK OF
AMERICA, N.A., a national association;
FLORIDA POWER AND LIGHT
COMPANY; SOUTHERN MANAGEMENT
CORPORATION, a Florida corporation, and
dba Burger King; SUNTRUST BANK, a Georgia
Banking corporation; MAR INVESTMENTS,
LLC, a Florida limited liability company;
COMMERCIAL PROPERTIES
SOUTHWEST, INC., a Florida corporation;
ESPROP, LLC, a Florida limited liability
company; SHAWN M.SLATTERY, P.A. dba
Vision One; BIO- MEDICAL APPLICATIONS
OF FLORIDA, INC., a Delaware corporation
dba Fresenius Medical Care and BMA South
Collier Dialysis; MARILYN A. WARE, M.D.,
P.A., a Florida professional association;
THEYYAR RAJAN DDS, P.A., a Florida
professional association dba Cosmetic & General
Dentistry; THEYYAR RAJAN DDS, P.A., a
Florida professional association dba Apneanix;
THEYYAR RAJAN DDS, P.A., a Florida
professional association dba Dental Dynamix;
FOODPROS INTERNATIONAL INC., a
Florida corporation dba Sapphire Dry Cleaners;
PATRICIA M. DILLON dba Maneland Barber
& Beauty Salon; ISAURA WHITE; UT THI
NGUYEN dba Lovely Nails;
CELLDISTRIBUTIONS CORP., a Florida
corporation; FDG COMMUNICATION AND
SERVICES LLC, an inactive Florida limited
liability company; DOLLAR TREE STORES,
INC., a Virginia corporation; GOODWILL
INDUSTRIES OF SOUTHWEST FLORIDA,
Inc., a Florida corporation; PUBLIX SUPER
Case No.: 13 -CA -238
Parcels: 113FEE, 113TCE
STIPULATED FINAL JUDGMENT AS
TO THE INTEREST OF REGIONS
BANK,
IN PARCELS 113FEE, 113TCE
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MARKETS INC., a Florida corporation; R&J
HOLDINGS OF NAPLES, INC., a Florida
corporation dba Jack's Golf Shack; YANG'S
CHINA BUFFET, INC., a Florida corporation;
ADAMS & O'REILLY, INC., a Florida
corporation dba McDonalds #13139; REGIONS
BANK, an Alabama corporation; CARRABBA'S
ITALIAN GRILL, LLC, a Florida limited
liability company; EXXONMOBIL OIL
CORPORATION, a New York corporation fka
Mobil Oil Corporation; 6859 COLLIER
BOULEVARD, LLC, a Florida limited liability
company; BEAUMARIS, LLC, a Florida Iimited
liability company; ENCORE NATIONAL
BANK, a national association; LELY
COMMUNITY DEVELOPMENT DISTRICT;
BARRON COLLIER RESOURCES, LLLP, a
Florida limited liability limited partnership;
COLLIER LAND AND CATTLE
CORPORATION, a Florida corporation;
LARRY H. RAY, as Collier County Tax
Collector, and the unknown spouses of the above,
if any, and their heirs, devisees, assignees,
grantees, creditors, lessees, executors,
administrators, mortgagees, judgment creditors,
trustees, lienholders, persons in possession, and
any and all other persons having or claiming to
have any right, title or interest by, through, under
or against the above -named defendants, or
otherwise claiming any right, title, or interest in
the real property described in this action„
Respondents.
STIPULATED FINAL JUDGMENT AS TO THE INTEREST OF REGIONS BANK,
IN PARCELS 113FEE, 113TCE
THIS CAUSE came before the Court upon the Joint Motion for Entry of Final Judgment
as to Parcels 113FEE and 113TCE ( "Joint Motion ") filed by Petitioner, COLLIER COUNTY,
FLORIDA ( "PETITIONER "), and Defendant, REGIONS BANK, an Alabama corporation,
( "RESPONDENT "). The Court having reviewed the record and it appearing that the parties
hereto were authorized to enter into the Joint Motion and that the papers filed herein by
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Petitioner are in proper and sufficient form, and the Court finding that the compensation to be paid
by Petitioner is full, just and reasonable for all parties concerned, and being otherwise fully advised
in the premises, it is hereby
ORDERED and ADJUDGED that:
I . RESPONDENT shall have and recover from Petitioner the sum of Five Thousand
and NO 1100 Dollars ($5,000.00), in full compensation for the property interests taken,
improvements taken, severance damages, cure costs, business damages and all other damages
claimed by or through them, their successors and assigns, now and in the future arising from the
taking of Parcels 113FEE and 113TCE in this cause, including all experts' fees and costs,
appraisal services and costs and attorney's fees.
2. Pursuant to the Joint Motion, COUNTY agrees to the following terms:
a. COUNTY shall construct the project in substantial conformity to the 90%
Construction Plans [ "Design and Related Services Intersection Capacity Improvements
SR 90 (US 41) & SR/CR 951 "] dated November 21, 2012, filed with the Court on this
matter and incorporated herein by this reference, reserving to REGIONS BANK, all
claims under Central and Southern Florida Flood Control Dist. V. Wye River Farms,
Inc., 297 So.2 323 (Fla.01 DCA 1974);
b. The COUNTY shall not store any vehicles, equipment, materials or other
items within the driveways;
C. The COUNTY shall perfonn all work in such a manner that existing
improvements shall not be damaged. It is further understood and agreed that the
COUNTY shall, at its own expense, restore the remaining lands to a safe and sanitary
condition;
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all times.
5/14/2013 16.A.25.
The COUNTY shall maintain continuous access through the driveway at
3. Pursuant to the aforementioned joint motion, RESPONDENT and its counsel
have each agreed that no nonmonetary benefits have been achieved in this cause and thereby
have waived any additional claim for attorney's fees or costs against Petitioner in this cause as to
Parcels 113FEE and 113TCE. Such stipulation is hereby ratified and incorporated into this
order and judgment.
4. Further, pursuant to the aforementioned joint motion, RESPONDENT and its
counsel have each agreed that no claim for apportionment will be made by RESPONDENT
against the parties in this action.
5. Accordingly, within thirty (30) days after the date of this order, Petitioner shall
pay the total sum of Five Thousand and NO /100 Dollars ($5,000.00) to the trust account of
Trenam, Kemker, Scharf, Barkin, Fyre, O'Neil &Mullis, P.A., c/o Paul Bain, Esquire, 101 East
Kennedy Blvd., Suite 2700, Tampa, Florida 33602; which total sum shall satisfy the awards
made herein. Upon such payment, RESPONDENT stands dismissed from this action without
further Order of this Court.
6. There is no other or further compensation, attorneys, fees or costs due from
Petitioner to this RESPONDENT in this matter.
DONE and ORDERED in chambers in Collier County, Florida on this day of
2013.
HONORABLE CYNTHIA A. PIVACEK
Copies furnished to: CIRCUIT COURT JUDGE
Jeffrey L. Hinds, Esquire
Paul D. Bain, Esquire
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
Ii 1�aTD por, cG' •IER COUNTY, i7,LORIDA
CIN71L ACTION
COLLIER COUNTY, FLORIDA, apolitical
subdivision of the State of Florida,
Petitioner,
VS.
NEW PLAN FLORIDA HOLDINGS, LLC, a
Delaware limited liability company; et al.,
Respondents.
Case No.: 13-CA-238
Parcels: 113FEE, 113TCE
JOINT MOTION FOR ENTRY OF STIPULATED FINAL JUDGMENT
AS TO INTEREST OF REGIONS BANK INPARCELS 113FEE, 113TCE
Petitioner, COLLIER COUNTY, and Respondent, REGIONS BANK, an Alabama
corporation, a Florida limited liability company, by and through their undersigned counsel,
to the entry of this Final Judgment and agree to jointly move that the Court enter
r,
s4uLZ Final Judgment as to Parcels 113FEE and 113TCE.
V
Paul D. Bain, Esq*- V
TRENAm, KEMKER, SciiARF BARKIN,
FRYE, ONEIL & MuLus, P.A.
101 E. Kennedy Blvd., Suite 2700
Tampa, Florida 33602
(813) 223-7474
FBN: 984655
Counsel for Respondent gions Bank
Dated this —t— day ox C' 2013
Jeffrey L. Hinds, Esq.
SmoLKER BARTLETT SCHLOSSER LOEB &
HINDS, P.A.
500 East Kennedy Blvd., Suite 200
Tampa, Florida 33602
(813) 223-3888
FBN: 0008710
Special Counsel to the Petitioner
Dated this — day of 2013.
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