Agenda 07/09/2013 Item #16A 4 7/9/2013 16.A.4.
EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agreement with property owner, Luis Del
Risco, and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions
as the Mediated Settlement Agreement as to full and final compensation in the amount of$68,000,
and attorney fees and expert witness costs in the combined amount of$38,762 for Parcel 127RDUE
in the lawsuit styled Collier County v. Annette Pocchi, et al., Case No. 10-2682-CA (Collier
Boulevard Project#68056). (Fiscal Impact: $52,332).
OBJECTIVE: That the Board of County Commissioners (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 as to full and final compensation and
attorney fees and expert fees costs for the taking of Parcel 127RDUE in the lawsuit styled Collier
County v. Annette Pocchi, et al., Case No. 10-2682-CA, Collier Boulevard Project#68056.
CONSIDERATIONS: Parcel 127RDUE is a 10,800 square foot right of way, drainage, and
utility easement taken from the south 60 feet of the front yard along White Boulevard. Located
within the taking area is a four foot high decorative masonry wall, pines, palms, a variety of
smaller bushes and sod. It is required as part of the Collier Boulevard Project#68056.
On June 19, 2008, a statutory purchase offer for Parcel 127RDUE was tendered to property
owner Luis Del Risco in the amount of $74,100. By May 2009, we were able to reach an
agreement with the owner's attorney for a purchase price of$85,500 (or 15.4% above the offer
amount) with modest amounts to be paid to the expert witnesses employed by the owner.
However, a title search was performed which revealed that a Lis Pendens had been filed against
the property by Deutsche Bank National Trust Company to initiate foreclosure proceedings, and
the Bank would not consent or subordinate its interests in the property, thereby preventing us
from closing with Mr. Del Risco.
In August 20, 2010, in anticipation for a proceeding in eminent domain, a second appraisal of the
property revealed a reduction in value of the property since 2008 to $54,600. On October 7,
2010, by Order of Taking, Collier County condemned Parcel 127RDUE and deposited the
required $54,600 into the Court Registry.
A case management conference was held before the court on October 31, 2012, to resolve
outstanding issues and to establish a plan to resolve the case; and on November 19, 2012 the
judge issued an order for the parties to exchange appraisals and to schedule mediation. The
judge also ordered representatives from Deutsche Bank to attend the mediation owing to the
significant interest they held in the real estate and owing to the fact that their refusal to cooperate
previously had confounded the negotiated closing. Deutsche Bank failed to send any
representatives to the mediation held on May 31, 2013.
Going into mediation, the property owner's position as to full compensation was $110,700, with
invoices for expert witness services totaling $35,161.25 and an anticipated fee for the property
owner's attorney of$19,800.
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7/9/2013 16.A.4.
Through the mediation that was held on May 31, 2013, the parties have reached an agreement to
pay the owner $68,000 as full and final settlement of all claims relating to compensation,
including statutory interest, real estate severance damages, and business damages for the taking
of Parcel 127RDUE. The Mediated Settlement Agreement also provides for full settlement of
attorney's fees and litigation costs, including fees related to monetary and non-monetary benefits
and supplemental proceedings in the amount of $11,762, and for full settlement of all expert
witness costs in the amount of$27,000. Furthermore, Collier County is entitled to a credit in the
amount of$54,600 already deposited into the court registry.
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: $13,400.00
Attorney Fees: $11,762.00
Expert Fees: $27,000.00
Deposit Fee to Clerk of Court (if any) $ 170
TOTAL $52,332.00
FISCAL IMPACT: Funds in the amount of$52,332 will come from impact fees.
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: That the Board approves the Mediated Settlement Agreement, and
approves the expenditure and disbursement of funds as stated.
Prepared by: Kevin Hendricks,Right-of-Way Acquisition Manager
Attachments: (1) Mediated Settlement Agreement; (2) Location Map; and (3) Aerial
Photograph of Del Risco Property; and (4) Legal Description and Sketch of Parcel 127RDUE.
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7/9/2013 16.A.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.4.
Item Summary: Recommendation to approve a Mediated Settlement Agreement with
property owner, Luis Del Risco, and a Stipulated Final Judgment to be drafted incorporating the
same terms and conditions as the Mediated Settlement Agreement as to full and final
compensation in the amount of$68,000, and attorney fees and expert witness costs in the
combined amount of$38,762 for Parcel 127RDUE in the lawsuit styled Collier County v. Annette
Pocchi, et al., Case No. 10-2682-CA (Collier Boulevard Project#68056). (Fiscal Impact: $52,332).
Meeting Date: 7/9/2013
Prepared By
Name: HendricksKevin
Title:Manager-Right of Way,Transportation Engineering
6/5/2013 1:45:41 PM
Approved By
Name: TaylorLisa
Title:Management/Budget Analyst,Transportation Administr
Date: 6/5/2013 3:14:20 PM
Name: KearnsAllison
Date: 6/14/2013 10:24:51 AM
Name: LynchDiane
Title: Administrative Assistant
Date: 6/14/2013 5:43:35 PM
Name: ShueGene
Date: 6/14/2013 6:36:59 PM
Name: AhmadJay
Title: Director-Transportation Engineering,Transportation Engineering&Construction Management
Date: 6/20/2013 9:03:43 AM
Name: PepinEmily
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7/9/2013 16.A.4.
Title: Assistant County Attorney, CAO Litigation
Date: 6/21/2013 12:11:02 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 6/26/2013 11:29:00 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 6/27/2013 1:42:47 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/28/2013 8:40:45 AM
•
Name: OchsLeo
Title: County Manager
Date: 6/30/2013 4:03:36 PM
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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,
Petitioner, Case No.-. 10-2682-CA
Parcel No.: 127RDUE
v.
ANNETTE POCCHI, et al.
Respondents.
MEDIATED SETTLEMENT AGREEMENT
At the Mediation Conference held on May 31, 2013,the parties reached the
following Settlement Agreement:
1. Petitioner will pay to Respondent, Luis Del Risco, the sum of
$68,000.00 in full settlement of all claims for compensation from Petitioner whatsoever,
including statutory interest and all claims related to real estate and business damages, if
any, but excluding attorney's fees, experts' fees, and costs. The settlement sum will be
subject to claims of apportionment, if any, by any judgment creditors,mortgagees and lien
holders named in this action. Petitioner previously deposited in the Registry of the Court
in this case the sum of$54,600.00. Upon the entry of the Stipulated Final Judgment in this
matter, Petitioner will deposit in the Registry of the Court the sum of$13,400.00,
representing the difference between the total settlement sum referenced above and
Petitioner's previous deposit referenced above.
2. In addition to the above-referenced settlement sum, Petitioner will pay to
the trust account of Respondent's attorney the sum of$11,762.00 in full settlement and
satisfaction of all attorney's fees and attorney's litigation costs, including fees related to
monetary benefits, non-monetary benefits and supplemental proceedings, if any, in this
case.
3. In addition to the above-referenced settlement sum and the above-
referenced attorney's fees and attorney's litigation costs, Petitioner will pay to the trust
account of Respondent's attorney the sum of$27,000.00 in full settlement and satisfaction
of all expert witness costs incurred by Respondent in this case.
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4. This Settlement Agreement is subject to and conditioned upon final
review and approval by the Collier County Board of County Commissioners. Said review
shall occur on or before July 9, 2013.
5. 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.
6. The Court's Order entered pursuant to the Case Management Conference
on November 19, 2012, required the first mortgage holder, Deutsche Bank National Trust
Company("Deutsche Bank"),to attend and participate in the mediation conference.. A
Notice of Mediation Conference dated April 9, 2013, was forwarded by counsel for
Respondent Del Risco by US Mail and by email to Deutsche Bank and its counsel.
Deutsche Bank failed to attend the mediation conference.
This Settlem- Agreement, dated May 31, 2013, contains all of the agreements of the
partie
"XL L-111/Ve-t-CC:/1 .A
Kevi endri"s -111. Meredith S. Delcamp, Esq. on behalf of
on behalf of 'etitioner, Collier County Respondent, Luis Del Risco
el<3-1/v\ -47)/LACD_ Le-v{J
Emily R. !e.fn, Esq. Meredith-S. Delcamp, Esq.
Attorney for Petitioner Attorney for Respondent
/(11‘
William B. Smith, Esq.
Mediator
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LOCATION MAP SHOWING DEL RISCO PROPERTY
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AERIAL PHOTO SHOWING THE TAKING FROM THE DEL RISCO PROPERTY
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TRACT 126
GOLDEN GATE ESTATES TRACT 1 65.
UNIT 27
PLAT BOOK 7, PAGE 17
• EAST 180'
TRACT 126
DEL RISCO
RODRIGUEZ OR 4069/1417
OR 2700/2776
PROPOSED ROADWAY
EASEMENT PARCEL 127RDUE
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7 PROPOSED ROADWAY, DRAINAGE, AND UTILITY EASEMENT (RDUE) AND UTILITY EASEMENT
j�j EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
�'—._.r3 OF THE PUBLIC PER PLAT BOOK 7, PAGE 17
LEGAL DESCRIPTION FOR PARCEL 127RDUE
A PORTION OF TRACT 126, GOLDEN GATE ESTATES, UNIT 27 AS RECORDED IN PLAT BOOK- 7 1 P E 1 0 ';7HE ,
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PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTIONS 11 AND 14, TOWNSHIP'49'FSDLiTH,:,R■NQE '26'
EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. .'�'., ,..s.. ' '
THE NORTH 60 FEET OF THE SOUTH 90 FEET OF THE EAST 180 FEET OF SAID TRACT;i SO I;) {1f i r
CONTAINING 10,800 SQUARE FEET, MORE OR LESS.
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NOT VALO WEfHOtrt THE ORIGINAL StGNATDRE i @+RA15EC EN:A5EE0 5iAL OF
A FLUR:UA REC;SrcTicD PROFESSIONAL 9t1kVElDP.ANU MAOPER.
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IKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY Planning Visualization
'ARCEL 127RDUE coNSULrzrro crvu ,g
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:OILIER COUNTY, FLORIDA 6610 Willow Park Dr ve,Belle 200
Naples,Florida 94109
Phone:12391597.0575 FAX:(239)597-0578 •
LB No.:6952
JOB NUMBER REVISION SECTION TOWNSHIP RANGE
)106.00,01 0001 REV r2 14 SCALE DATE DRAWN BY FILE NAME SHEET
49 26
Packet Page-344- S.D.L. UN27 SK127RDUE 1 OF 1