Agenda 12/10/2013 Item #16K2 12/10/2013 16.K.2.
Executive Summary
Recommendation to approve a Mediated Settlement Agreement and a Final Judgment to be
drafted incorporating the same terms and conditions as the Mediated Settlement Agreement
in the amount of$2,289,133 for the acquisition of Parcel 115FEE in the lawsuit styled Collier
County, Florida v. New Plan Florida Holdings,LLC, et al., Case No. 13-CA-238 (US 41/SR-CR-
951 Intersection Improvement Project#60116). (Fiscal Impact: $339,303)
OBJECTIVE: That the Board approve a Mediated Settlement Agreement and a Final Judgment to
be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement as
full and final compensation to be paid for the acquisition of Parcel 115FEE in the Lawsuit styled
Collier County, Florida v. New Plan Florida Holdings, LLC, et al., Case No. 13-CA-238 (US
41/SR-CR-951 Intersection Improvement Project#60116).
CONSIDERATIONS: The County acquired the subject property by entry of an Order of Taking on
March 13, 2013 and subsequently depositing the amount of$1,950,000.00 into the Court Registry
on March 21, 2013. The taking of Parcel 115FEE from MAR Investments, LLC consisted of
64,261 square feet of fee simple, according to our survey, and is a whole take of MAR Investments,
LLC's property. The owner's appraiser valued the taking at $2,466,000.00. The County and
Respondent negotiated a settlement of $2,289,133.00 for full compensation including statutory
interest, all claims related to real estate and business damages, and all attorney's fees, experts' fees,
and costs.
Attached is the Mediated Settlement Agreement providing for the above-stated funds.
FISCAL IMPACT: Funds in the amount of$339,303.00 (additional funds to the Respondent of
$339,133.00 plus a $170.00 deposit fee to the Clerk) are available in the Transportation US 41/SR-
CR951 Intersection Improvement Project (#60116). Source of funds is Road Impact Fees. There is
no incremental maintenance cost associated with this action.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been approvec as form and legality anc reauires c
majority vote for Board approva . - ERP
RECOMMENDATION: That the Board of County Commissioners approves the Mediated
Settlement Agreement, approves a 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, Office of the County Attorney
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12/10/2013 16.K.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.2.
Item Summary: Recommendation to approve a Mediated Settlement Agreement and a
Final Judgment to be drafted incorporating the same terms and conditions as the Mediated
Settlement Agreement in the amount of$2,289,133 for the acquisition of Parcel 115FEE in the
lawsuit styled Collier County, Florida v. New Plan Florida Holdings, LLC, et al., Case No. 13-CA-
238 (US 41/SR-CR-951 Intersection Improvement Project#60116). (Fiscal Impact: $339,303)
Meeting Date: 12/10/2013
Prepared By
Name: CrotteauKathynell
Title:Legal Secretary,County Attorney
11/4/2013 10:36:52 AM
Approved By
Name: HendricksKevin
Title:Manager-Right of Way,Transportation Engineering
Date: 11/4/2013 2:26:00 PM
Name: TaylorLisa
Title: Management/Budget Analyst.Transportation Administ-
Date: 11/4/2013 3:5f:21 PM
Name: KearnsAliison
Date: 11/12/2013 11:24:25 AM
Name: ShueGene
Date: 11/14/2013 1:37:52 PM
Name:AhmadJay
Title: Director-Transportation Engineering,Transportation Engineering&Construction Management
Date: 11/15/2013 1:39:20 PM
Name: MarcellaJeanne
Title:Executive Secretary,Transportation Planning
Date: 11/18/2013 8:41:26 AM
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12/10/2013 16.K.2.
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 11/20/2013 2:25:18 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 11/20/2013 4:23:25 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 11/21/2013 12:09:12 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 11/22/2013 11:12:54 AM
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12/10/2013 16.K.2.
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.: 13-CA-238
Parcel No.: 115FEE
v. (Mar Investments,LLC)
NEW PLAN FLORIDA HOLDINGS,
LLC,et al.
Respondents.
MEDIATED SETTLEMENT AGREEMENT
At the Mediation Conference held on October 28,2013,the parties reached the
following Settlement Agreement:
1. Petitioner will pay to Respondent,Mar Investments,LLC,the sum of
$2,289,133.00 in full settlement of all claims for compensation from Petitioner
whatsoever,including statutory interest,all claims related to real estate and business
damages,if any,and all attorney's fees,experts' fees,and costs. The settlement sum will
be subject to claims of apportionment, if any,by judgment creditors,mortgagees,tenants
and lien holders identified in this action as parties having an interest in the subject property.
Petitioner previously deposited in the Registry of the Court in this case the sum of
$1,950,000.00. Upon the entry of the Stipulated Final Judgment in this matter, Petitioner
will deposit in the Registry of the Court. or in the absence of any apportionment claims,
will pay to the trust account of Respondent's attorney,the sum of$339,133.0U.
representing the difference between the total settlement sum 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.
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12/10/2013 16.K.2.
3. Counsel for Petitioner and Respondent will jointly submit to the Court
Amok
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.
This Settlement Agreement,dated October 28,2013,contains all of the agreements of the
parties.
K: Hendric T`'ght of ' ay M. '. Alos, Manager,on behalf of
Acquisition Manager,on behalf of Re : - : - u.ents,LLC
Petitioner,Collier County Ar
r
mily R 't pin,Esq. ere :�•�� udovici,Esq.
Attorney for Petitioner Attorney for Respondent
William B. Smith,Esq.
Circuit Court Mediator
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APP',.'
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/ COMMERCIAL PROPERTIES SW, INC. i
S OR 3695, PG 411
0 / FOLIO NO. 34520001908 /
GRAPHIC SCALE ��° /`/
1" = 100' .N, /
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LELY RESORT PHASE 1, '
Ii PB 16, PG 87 X44' Ssg. /`
/ TRACT 16 ?*o° 32•su
SUNTRUST BANK �� 47 ��P //
ti / OR 4384, PG 446 yo Rq 39 /
NN,,(/N,„ FOLIO NO. 55425004005.� 6-,--1,� Ord SO '`
POB
S.E. CORNER �y �\ COSTING RW l/
OF TRACT 16 * 115FEE
� 64,261 SF \ e 7
4� *UNPLATTED �yA� trj~ , /
MAR INVESTMENTS, LLC ) A
(PARCEL
OR 4117,) 1/1X s OR
(PARCEL 1 1 , PG 1 1702 4�' /4'
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PG 117. ?O• QUO NO. 0072458000
FOLIO N0. ?8 ?� �� `ens f`
34520003003 `')*t 7
6✓ 43.41 /
•/ Cr4 y� 5752006 LEGEND
/ �P Q .. RIGHT-OF-WAY
'11 'J "OR = OFFICIAL RECORDS BOOK
PB .. PLAT BOOK
T,„144, ,../r Q / PG= PAGE
*N,, ) >> LBE = LANDSCAPE EASEMENT EASEMENT
C.R. - COUNTY ROAD
\ POB - POINT OF BEGINNING
;: \NO. .. NUMBER
AK s STATE ROAD
AKA = ALSO KNOWN AS
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LEGAL DESCRIPTION — PARCEL 115FEE INTEREST
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF TRACT 16, LELY RESORT PHASE 1, AS RECORDED IN PLAT BOOK 16, PAGE
87, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA:
THENCE N35.42'25"E FOR 269.79 FEET ALONG THE EASTERLY BOUNDARY OF SAID TRACT 16;
THENCE S54'32'56"E FOR 239.50 FEET ALONG THE SOUTHWESTERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL
RECORDS BOOK 3695, PAGE 411 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TO A POINT ON THE
EASTERLY BOUNDARY OF TRACT 3F, AS SHOWN ON THE PLAT OF FREEDOM SQUARE. RECORDED IN PLAT BOOK 22, PAGE
56 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA;
THENCE S35'41'39"W FOR 237.74 FEET:
THENCE S76'20'06"W FOR 43.41 FEET:
THENCE N54'20'26"W FOR 211.28 FEET ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF U.S. 41, TO THE POINT OF
BEGINNING OF THE PARCEL HEREIN DESCRIBED;
CONTAINING 64,261 SQUARE FEET OR 1.48 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
TECH`; - ROW
JUN 1 5 203
V A'`." Ga/3/x
MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIGNED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
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PROJECT: U.S.41/C.R.951/S.R.951
RIA/KavinumftErsireslog TI
SKETCH AND LEGAL DESCRIPTION
P ARCEL 115FEE: RIGHT-OF-WAY Belowraw Park Dare.Suite 205
Naples.Raids 34109
PREPARED FOR: COWER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:(299)597.0575 FAX:(239)597.0579
U3 No.:8952
JOB NUMBER REVISION SECTION TOWNSHIP I ' ' ---- ' ""E DRAWN BY FILE NAME --SHEET
090081.00.00 1 3 51S Packet Pare -2405-/12 R.A.K. SKD_115FEE 1 of 1 `