Agenda 07/10/2018 Item #16K407/10/2018
EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agreement in the amount of $39,000 for full
compensation for the taking of Parcel 414RDUE, plus $8,217 for statutory attorney fees and $6,850
for expert fees and costs, in the case styled Collier County v. Lourdes Perez Bello, et al., Case No. 17-
CA-1390 required for improvements to Golden Gate Blvd. (Project No. 60145). [Fiscal Impact:
$38,667]
OBJECTIVE: To settle full compensation owed for the taking of Parcel 414RDUE required for the road
widening of Golden Gate Blvd. from east of Everglades Blvd. to the Faka Union Canal, Project No.
60145, hereinafter referred to as the “Project.”
CONSIDERATIONS: On March 28, 2017, the Board of County Commissioners approved
Condemnation Resolution 2017-63 to acquire property needed to construct the Project. On November 14,
2017, the County condemned Parcel 414RDUE and deposited a good faith estimate of value of $15,400
into the Court Registry. Parcel 414RDUE is a 2,850-square foot road right-of-way, drainage, and utility
easement taken from improved property owned by Manuel A. Fernandez-Pena.
The majority of the County’s appraised compensation comes from damages to the residence as a result of
a reduction in setback from 134 feet to 96 feet in the after condition. The property owner’s appraiser
estimated compensation in the amount $68,300, which also included a claim for damages for the reduced
setback, as well as damages attributed to being located on a 4-lane road.
At mediation held June 29, 2018, the parties agreed to full compensation for the property interest taken
and all damages in the amount of $39,000. This settlement also requires the County to pay $8,217 for
statutory attorney fees and $6,850 for expert fees and costs. In addition , because the construction plans
call for a connection between the new driveway in the right-of-way and the existing driveway, the
property owner has agreed to donate a right-of-entry to the County to facilitate this work as part of the
Project. If this settlement is approved, the County will be required to pay $38,667 over the $15,400
already deposited into the Court Registry.
The County Attorney’s Office (CAO) and Transportation staff recommend approval of the attached
Mediated Settlement Agreement since a better result is not expected at trial. Upon approval, the CAO will
file a Stipulated Final Judgment incorporating the same terms and conditions with the Circuit Court.
FISCAL IMPACT: Funds in the amount of $38,667 will be paid from gas taxes and/or impact fees from
Golden Gate Blvd. Project No. 60145. The primary funding source for the acquisition of right -of-way is
impact fees. Should impact fees not be sufficient within a particular project, the secondary funding
source will be gas taxes.
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: Recommendation to approve a Mediated Settlement Agreement in the amount
of $39,000 for full compensation of the taking of Parcel 414RDUE, plus $8,217 for statutory attorney fees
and $6,850 for expert fees, and costs, in the case styled Collier County v. Lourdes Perez Bello, et al.,
Case No. 17-CA-1390, required for improvements to Golden Gate Blvd. (Project No. 60145).
Prepared by: Emily R. Pepin, Assistant County Attorney
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07/10/2018
ATTACHMENT(S)
1. Aerial photograph of Parcel 414RDUE (PDF)
2. Mediated Settlement Agreement (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4
Doc ID: 6151
Item Summary: Recommendation to approve a Mediated Settlement Agreement in the amount of
$39,000 for full compensation for the taking of Parcel 414RDUE, plus $8,217 for statutory attorney fees
and $6,850 for expert fees and costs, in the case styled Collier County v. Lourdes Perez Bello, et al., Case
No. 17-CA-1390 required for improvements to Golden Gate Blvd. (Project No. 60145). [Fiscal Impact:
$38,667]
Meeting Date: 07/10/2018
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
07/02/2018 12:13 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
07/02/2018 12:13 PM
Approved By:
Review:
Growth Management Department Debbie Allen Additional Reviewer Skipped 07/02/2018 12:31 PM
Transportation Engineering Robert Bosch Additional Reviewer Completed 07/02/2018 12:39 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 07/02/2018 12:46 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 07/02/2018 1:15 PM
Growth Management Department Tara Castillo Additional Reviewer Completed 07/02/2018 1:20 PM
Capital Project Planning, Impact Fees, and Program Management Tara Castillo Additional Reviewer Completed 07/02/2018 1:21 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 07/02/2018 2:16 PM
Growth Management Department Jeanne Marcella Department Head Review Completed 07/02/2018 2:38 PM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 07/02/2018 2:52 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 07/02/2018 3:23 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/02/2018 3:43 PM
Office of Management and Budget MaryJo Brock Additional Reviewer Skipped 07/03/2018 8:58 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 07/03/2018 9:00 AM
Board of County Commissioners MaryJo Brock Meeting Pending 07/10/2018 9:00 AM
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AERIAL – PARCEL 414RDUE
GOLDEN GATE BLVD. PROJECT NO. 60145
EXISTING RIGHT-OF-WAY PER PLAT
PARCEL
414RDUE
/
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Packet Pg. 2803 Attachment: Aerial photograph of Parcel 414RDUE (6151 : Mediated Settlement Agreement - $39,000 - Parcel 414RDUE - Project 60145 - 17-CA-
COLLIER COUNTY BOARD OF COLJNTY
COMMISSIONERS, a political subdivision
Of the State of Florida.
Petitioner,
LOURDES PEREZ BELLO, T]NKNOWN TENANT,
MANUEL A. FERNANDEZ-PENA, ET AL.
IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COTINTY
FLORIDA
Case No: 2017-CA-1390
Parcel:414RDUE
MEDIATED SETTLEMENT AGREEMENT
As a result of a Mediation Conference held on June 29,2018 the parties reached
the following Settlement Agreement contingent upon the approval ofthe Collier County
Board of Commissioners:
1 . Petitioner will pay to Respondent, Manuel A Femandez-Pena. the sum of
$39,000.00 in full settlement of all claims for compensation from Petitioner whatsoever,
including business damages, but excluding attorney's fees, experts' fees, and costs.
2. In addition to the settlement amount referenced in Paragraph 1 ofthis
Agreement, Petitioner will pay $8,217.00 in total attomey's fees and attomey litigation
costs in this case, including fees related to monetary and non-monetary benefits and
supplemental proceedings, if any.
3. In addition to the settlement amount referenced in Paragraph 1 of this
Agreement, Petitioner will pay $6,850.00 in total experts' fees and costs in this case.
4. Counsel for Petitioner and Respondent will jointly submit to the Court for
signature a mutually approved Stipulated Final Judgment in this matter as soon as
practical hereafter, but not prior to the satisfaction ofall conditions contained herein.
5. Petitioner is entitled to a credit in the amount of$15,400.00 for its good
f'aith deposit in the Court Registry.
Respondents.
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Packet Pg. 2804 Attachment: Mediated Settlement Agreement (6151 : Mediated Settlement Agreement - $39,000 - Parcel 414RDUE - Project 60145 - 17-CA-1390)
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6. Petitioner will pay Respondent the balance due of$ $38,667'00 within
thirty (30) days of the actual daie ofreceipt by the Petitioner's counsel ofa confo
widened at the location ofPircel 414RDUE, a driveway connection with a slope ofless
than or equal to 12o/o grade. This condition shall run with the land'
8. Respondent hereby provides the County a right of entry to perform the
driveway connection construction referred to in paragraph 7 above. This right shall run
with the land.
g. Attached hereto is an addendum to this Agreement'
Yes X No
l0.ThisAgreement,datedJune29,zlls,containsalloftheagreementsof
the narties.
Petitioner, Collier Co. Robert Bosch Respondent, Manuel
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Packet Pg. 2805 Attachment: Mediated Settlement Agreement (6151 : Mediated Settlement Agreement - $39,000 - Parcel 414RDUE - Project 60145 - 17-CA-1390)