Agenda 03/27/2012 Item #16K13/27/2012 Item 16.x.1.
EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agreement with owners, Todd J. Patterson and
Linda E. Patterson, and a Stipulated Final Judgment to be drafted incorporating the same terms and
conditions as the Mediated Settlement Agreement awarding compensation, attorney fees and expert
costs in the amount of $27,040.50 for Parcel 147RDUE in the lawsuit styled Collier County v. Scott
Faunce., et al., Case No. 10- 2684 -CA (Collier Blvd. Project No. 68056) (Fiscal Impact $27,040.50)
OBJECTIVE: That the Board of County Commissioners approve the attached Mediated Settlement
Agreement with owners, Todd J. Patterson and Linda E. Patterson, and a Stipulated Final Judgment to be
drafted incorporating the same terms and conditions as the Mediated Settlement Agreement for payment of
full compensation, attorney's fees and expert fees, for the taking of Parcel 147RDUE in the lawsuit styled
Collier County v.Scott Faunce, et. al., Case No. 10- 2684 -CA (Collier Blvd. Project No. 68056)
CONSIDERATIONS: Collier County condemned a 0.083 acre parcel from property owners, Todd J.
Patterson and Linda E. Patterson, for the expansion of Collier Boulevard from Green Boulevard to Golden
Gate Boulevard. The County's initial appraisal valued compensation at $9,100 and in June 2008 the County
made its statutory offer for that amount.
The County's updated 2010 appraisal valued compensation at $2,700. This amount was deposited and
subsequently withdrawn by the owners. The owners' appraisal valued compensation at $44,000. The large
difference in appraised values was due to differences in opinion as to the "highest and best use" of the
property — the County's appraisal was based on the current residential use and zoning, while the owners'
appraisal was based on the potential commercial uses. Ultimately, the owners agreed with the County's
appraised value, but the parties differed over restoration costs. On February 15, 2012, mediation was held
and a settlement was reached in the amount of $19,950 for compensation (allocated as $2,700 for the land
and $17,250 for restoration of approximately 80 trees); $3,580.50 for all attorney fees; and $6,210 for expert
fees.
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: $17,250.00 ($19,950, less $2,700 previously withdrawn by owners)
Attorney Fees: $3,580.50*
Expert Witness Costs: $6.210.00
TOTAL $27,040.50
*Based on 33% of the "benefit" achieved, per 73.092(1)(c)1, Fla. Stat.; "benefit" is the difference
between the settlement amount of $19,950 and the County's $9,100 initial offer (i.e., 33% of $10,850,
or $3,580.50).
FISCAL IMPACT: Funds in the amount of $27,040.50 are available from impact fees.
GROWTH MANAGEMENT IMPACT: None.
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 approve the Mediated Settlement
Agreement; approve the Stipulated Final Judgment which incorporates the terms and conditions of the
Mediated Settlement Agreement to be presented to the Court for entry; and approve the expenditure and
disbursement of funds as stated.
PREPARED BY: Jeff E. Wright, Assistant County Attorney
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3/27/2012 Item 16. K.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1.
Item Summary: Recommendation to approve a Mediated Settlement Agreement with
owners, Todd J. Patterson and Linda E. Patterson, and a Stipulated Final Judgment to be drafted
incorporating the same terms and conditions as the Mediated Settlement Agreement awarding
compensation, attorney fees and expert costs in the amount of $27,040.50 for Parcel 147RDUE
in the lawsuit styled Collier County v. Scott Faunce., et al., Case No. 10- 2684 -CA (Collier Blvd.
Project No. 68056). (Fiscal Impact $27,040.50)
Meeting Date: 3/27/2012
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
3/5/2012 2:16:12 PM
Approved By
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administr
Date: 3/6/2012 2:11:00 PM
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
Date: 3/8/2012 11:29:25 AM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 3/9/2012 1:19:24 PM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 3/9/2012 1:31:44 PM
Name: WrightJeff
Title: Assistant County Attomey,County Attorney
Date: 3/15/2012 4:04:48 PM
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3/27/2012 Item 16.K.1.
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 3/16/2012 12:00:55 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 3/16/2012 3:16:00 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 3/19/2012 10:13:23 AM
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3/27/2012 Item 16.K.1.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA CIVIL DIVISION
COLLIER COUNTY, FLORIDA, a
Political subdivision of the State of Florida,
Petitioner,
V.
Case No: 10- 2684 -CA
SCOTT FAUNCE, SR., et al., Parcel No: 147DUE
Defendants.
MEDIATED SETTLEMENT AGREEMENT
At a Mediation Conference held on February 15, 2012, the parties reached the following
Settlement Agreement.
1. Petitioner will pay to Defendants, Todd J. Patterson and Linda E. Patterson, the
of
av
sum $ 5� t vO in full settlement of all claims for compensation from
Petitioner whatsoever, including statutory interest, but excluding attorney's and expert's fees and
costs. Said sum will be subject to claims of apportionment, if any.
2. Petitioner is entitled to a credit in the amount of $
which was previously deposited in the registry of the Court in this case by Petitioner.
3. Counsel for Petitioner and Defendants will jointly submit to the Court for
signature a mutually approved Stipulated Final Judgment in this matter as soon as practical
hereafter.
4. Petitioner will pay Defendants the balance due of $ 17, 25i , within
thirty (30) days of the actual date of receipt by Petitioner's counsel of a conformed copy of the
aforesaid Stipulated Final Judgment from the Court.
expz7ff costs:
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3/27/2012 Item 16.K. I.
6. Settlement of this case is conditioned upon final approval by Collier County
Board of County Commissioners. /
7. Attached hereto is an addendum to this agreement:
—AL— Yes No.
8. This agreement dated February 15, 2012 and attached addendum, if any,
contam(s) all ofXeagreementsXthe parties.,
s
Je E. right, Esquire
Flo ar No: 20203
Office of the County Attorney
Harmon Turner Bldg.
3299 E. Tamiami Trail, Ste. 800
Naples, FL 34112 %1 -
Ofc: (2-39) 8 0
25X0 /
Andrew G. Diaz, Esquire
Florida Bar No: 816604
5001 West Cypress Stree
Tampa, FL 33607
Office: (813) 221- 00
Todd J.
Thomas R. Bolf, Esquire
Florida Bar No: -It-y�d-
Greenspoon Marder, P.A.
200 East Broward Blvd., 15`x' Floor
Fort Lauderdale, FL 33301
Office: (954) 527 -2474
Attorneys for Defendants, Patterson
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ADDENDUM
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3/27/2012 Item 16.K.1.
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Thomas R. Bolf, Esquire
Attorney for Defendants
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