Agenda 07/26/2011 Item #16K17/26/2011 Item 16.K.1.
EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agreement with business owner, East Coast
Waffles, Inc., and a Stipulated Final Judgment to be drafted incorporating the same terms and
conditions as the Mediated Settlement Agreement awarding business damages in the amount of
$30,000 for Parcels 110FEE and 110TCE in the lawsuit styled Collier County v. A. L. Subs, Inc., et al.,
Case No. 09- 3691 -CA (Collier Boulevard Project 460092). (Fiscal Impact: $57,325).
OBJECTIVE: That the Board approve a Mediated Settlement Agreement with business owner, East Coast
Waffles, Inc., and a Stipulated Final Judgment to be drafted incorporating the same terns and conditions as
the Mediated Settlement Agreement awarding business damages for the taking of Parcels I IOFEE and
IIOTCE in the lawsuit styled Collier County v. A. L. Subs, Inc., et al., Case No. 09- 3691 -CA, Collier
Boulevard Project 960092.
CONSIDERATIONS: Collier County condemned Parcels 110FEE and I IOTCE from property owners,
Robert and Mario Vocisano. Parcel I I OFEE, acquired in fee simple, measures approximately 9 feet wide,
covering 1514.38 square feet, and Parcel I 1 OTCE, a temporary constriction easement, measures 5 feet wide
and covers 839.71 square feet. There are two businesses operating from the site: Buddy's Burgers and Waffle
House. The County acquired the subject parcels by Order of Taking on September 17, 2009 and depositing
the required $99,330 into the Court Registry. The business owner is entitled to make a claim for business
damages pursuant to Section 73.015(2), F.S. On February 20, 2008, business owner, East Coast Waffles,
Inc., presented a claim for business damages in the amount of $144.500. The concerns raised by the business
owner relate to a temporary business disruption and the permanent closure of an exit driveway onto Beck
Boulevard partially located on the Vocisano property. The business owner claims business disruption is due
to patrons of Buddy's Burgers using Waffle House parking. The County's business damage expert valued
the business damage at $41,000. Through negotiations and a mediation that was held on June 21, 2011, the
parties have reached an agreement to pay the owner/business owner $30,000. The agreement is also
conditioned upon the construction of an exit driveway to Beck Boulevard on the adjacent Circle K property
in accordance with the terms and conditions of the attached Mediated Settlement Agreement.
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:
Compensation $ 30,000
Attorney Fees & Expert Witness Costs $ 27.325
TOTAL $ 57,325
FISCAL IMPACT: Funds in the amount of $57,325 will come from Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. This item requires a
majority vote. (HFAC)
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: Heidi Ashton- Cicko, Assistant County Attorney
Attachment: Mediated Settlement Agreement
CP \09 -3691 \4765
Packet Page -2692-
7/26/2011 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
business owner, East Coast Waffles, Inc., and a Stipulated Final Judgment to be drafted
incorporating the same terms and conditions as the Mediated Settlement Agreement awarding
business damages in the amount of $30,000 for Parcels 110FEE and 110TCE in the lawsuit styled
Collier County v. A. L. Subs, Inc., et al., Case No. 09- 3691 -CA (Collier Boulevard Project #60092).
(Fiscal Impact: $57,325).
Meeting Date: 7/26/2011
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
7/11/2011 10:16:36 AM
Approved By
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
Date: 7/11/2011 11:37:28 AM
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administr
Date: 7/11/2011 11:39:26 AM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 7/11/2011 1:14:19 PM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 7/11/2011 1:45:37 PM
Name: AshtonHeidi
Title: Section Chief/Land Use- Transportation,County Attor
Date: 7/12/20112:59:38 PM
Packet Page -2693-
Name: KlatzkowJeff
Title: County Attorney,
Date: 7/12/2011 3:17:44 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 7 /18/2011 10:08:01 AM
Name: SheffieldMichael
Title: Manager- Business Operations, CMO
Date: 7/18/2011 10:55:58 AM
Packet Page -2694-
7/26/2011 Item 16.K.1.
7/26/2011 Item 16.K.1.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
COLLIER COUNTY, apolitical subdivision
of the State of Florida,
Petitioner,
V.
A. L. SUBS, INC., et al.
Respondents.
Case No.: 2009 - 3691 -CA
Parcel No.: I I OFEE & 1 IOTCE
MEDIATED SETTLEMENT AGREEMENT
At the Mediation Conference held on June 21, 2011, the parties reached the following
Settlement Agreement:
1. Petitioner will pay to Respondent, East Coast Waffles, Inc., as successor to
North Lake Foods, Inc., the sum of $30,000.00 in full settlement of all claims for compensation
from Petitioner related to business damages, but excluding attorney's fees, experts' fees, and
costs, Upon the entry of the Stipulated Final Judgment in this matter, Petitioner will pay to the
trust account of Respondent's attorney the sum of $30,000.00, representing the total settlement
sum referenced above. Respondent's attorney shall hold said sum in his trust account until entry
of a Stipulated Final Judgment for Parcels 111FEE and IIITCE that provides for the
reconstruction of the exit drive on Circle IC's property.
2. In addition to the settlement amount referenced in Paragraph 1 of this Settlement
Agreement, Petitioner will pay to the trust account of Respondent's attorney $9,900.00 in full
settlement and satisfaction of all attorney's fees and attorney litigation costs in this case,
including fees related to monetary benefits, non - monetary benefits and supplemental
proceedings, if any.
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 $17,425.00 in full settlement and satisfaction of all expert witness costs
incurred by Respondent in this case.
4. This Settlement Agreement is subject to and conditioned upon final approval by
the Board of County Commissioners of Collier County.
5. Counsel for Petitioner and Respondent will jointly submit to the Court a mutually
Packet Page -2695-
7/26/2011 Item 16.K.1.
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. This Agreement is conditioned upon approval by the Chief Financial Officer of
East Coast Waffles, Inc. prior to approval of the Board of County Commissioners of Collier
County, Florida,
7. Parcel No. IIOTCE shall be limited to 90 consecutive days from the
commencement of construction in Parcel 1 I OTCE. Petitioner, or its contractor, will provide to
Respondent 30 days written notice prior to the start of construction in Parcel No. 110TCE.
Said notice shall be sent to Waffle House, Inc., attention: Ansley Wood, P. O. Box 6450,
Norcross, Georgia 3 009 1.
8. This settlement is conditioned upon the construction of a driveway to Beck
Boulevard on the adjacent Circle K property. Said driveway will be constructed substantially in
conformance with the driveway shown on Exhibit "A" attached hereto. Respondent shall have
the right to use said driveway pursuant to the terms and conditions of the access easement
attached hereto as Exhibit "B ".
• - ••�••�y +�i . �uuvuct
William B, Smith, Esq.
Mediator
Attorney for Respondent
Packet Page -2696-
0
ibitA
Packet Page -2697-
i
UMMilfi■iia;iTi[MAI
0 � �
rl± c
f
t'
Z
0
C
m
rn
O
7/26/2011 Item 16.K.1.
Exhibit B
Packet Page -2698-
"e. —<-;- ,
at rskss 0k'Rs4
Cal Frs -i
TRi or t
l`/l'yo��'�:'t�cPF'n£5
K r y . Owen, A tornay .___
SuParAmWica Croup, rm.
P. O. SOK 15000
se Lexington, KY 405f2
•'�'� IiGREfMri(! fOR )fOSSlAe_. ACCtff Laa,R,aew,r�f
�
.•
-- AGREEMENT, Dade as oY �(, 1991, by and
bstveen A. M. Papinaau and Robe 5. Mandy, ttf with a nailing
a
address of 1165 Clap Court, Naples, Florida 11962 (•Papineau &
-V
Hardy) and SuporASarica Group, Inc., with a mailing address of
P. o. SOX 14000, Lexington, Kentucky 40512 ( "SUporAAerica•).
WITMEBQETfi
WHEREAS, Papineau & Hardy are the owners as co- successor
trustees of certain real property located along S.R. 951 and S.R.
84, tlaples, Collier county, Florida (the " Papineau & Y.ardy
Property"))
o
WHEREAS, SuperAmerica has acquired certain rent property
b
per, v
from Papineau & Hardy located along S.R. 951 and S.R. 04, Naples,
G7 a
Collier County, Florida, and adjacent to the Papineau & Hardy
m
Property (the "SA Property ")l and
na
WHEREAS, Papineau & Hardy desire to grant SuperAmerica a
roadway access easement over and across a portion of the Papineau
& Hardy Property (the "Pa -dy Easement ") for purposes
of ingress and egress jv pedestrian traffic onto
the SA Property and S. and T�
WHEREAS, Super a qa- desires to g n Papineau & Hardy an
egress easement ov n Ms art f n of the SuperAmorica
Property (the •SA as r e f gress for vehicular
and pedestrian tr ff o & Hardy Property and
S.R. 94.
h1
NOW, THEREFO in ccnaidera on of a mutual easements
granted and the mut cove naiita se in, Papineau & Hardy
and SuperAmerica her gree as fo l w
I. PAPINEAU & �. pineau & Hardy hereby
<
grant to SuperAmerica a cluaive easement over and
across the following portion apineau & Hardy Property for
F a
the purpose of ingress and egress for vehicular and pedestrian
rr-
traffic to and from the SA Property and S.R. 84. The Papineau &
Hardy Easement is described as follows:
o
o m
Being a portion of Tract 5, Tollgate commercial Center,
J
1
J
Exhibit B
Packet Page -2698-
7/26/2011 Item 16.K.1.
�` ,1flt6ff ep2ti3
pit iIUUA AAi:F
Phase Two recorded in Fiat 900% 1: at i-gss " t.§rc�" d4
in the Office of Public Records. Bituate in Section 35.
Township 49 South, Range 26 Cast, Collier county, Florida
and nora particularly described as follova:
Commencing at the Northeast Corner of parcel One,
Tollgate ca"Orciai Canter phase One as retarded in Plat
eo*k Ed, p 1, in the Office of public Records for
Collier County, Florida? thence along the East line of
said Parcel One South 00' 46' S8" West 1278.72 feet to a
point on north right -of -way line of State Road 94; thence
along said north right -of -way line South 09' 56' 02" West
97S.48 feet to the Southeast corner of Tract 5 also beLng
the true point of beginning; thence continuing South 99
56' 02" West 20.00 feet; thence North 00' 03' 44" West
20.00 feet? thence North 89' 56' 16" East 20.00 fast;
thence South 00' 03' 44" East 20.00 feet to the point of
beginning. Containing 399.99 square feat more or loss.
The Papineau 6 Hardy Easement is depicted as the "Roadway
Access Easement" on exhirAt A attaah_-P. ...s -., = —d mad= °-
part hereof.
2. SA BASEMENT. SuperAmerica hereby grants to Papineau &
Hardy a perpetual, non - exclusive easement over and across the
following portion of the SA Property for the purpose of egress far
vehicular and pedestrian traffic to and from the Papineau i Hardy
Property and S.R. 84. The SA Easement is described as follows:
Being a portion of Tract 6, Tollgate Commercial Center,
Phase Two recorded in 8 at pages 23 through 24
in the office of Ej tuate in Section 35,
Township 49 South 26 Eas Q1 er County, Florida
and more parti'v described a laws:
Commencing a e e arm f Parcel One,
Tollgate Comm re e e e s ecorded in Plat
Book 16, pag iC Records for
Collier Coun or d ? t e East line of
said Parcel o ' e" Ff 8.72 feet to a
point on no C"r ht -of -way li 0 St Road 84; thence
along said no ght -of -way 0 89' 56' 02" West
916.98 feet t e true po inning; thence,
continuing Sou 56' 02" W .50 feet to the
Southwest corner t 6 ..t North 00' O1' 44"
West 20.00 feet; 00' 13" East 31.43
feet; thence North 00 est 105.00 feet; thence
South 89' 56' 16" West 26.50 feet; thence North DO' 03'
44" West 24.00 feet; thence North 89' 56' 16" East 58.50
feet; thence South 00' 03' 44" East 162.25 feet to the
point of beginning. Containing 6,310.18 square feet or
0.14 acre more or less.
Packet Page -2699-
7/26/2011 Item 16.K.1.
1611 n02(l(4
nct ntx PAGE
The SA Easement is depicted se the •rgrass Easement- on
Exhibit 8 attached hereto and bade a part t:arcof.
3. CONSTRUCTION AND X%XWfEMANCE Of EASEMOnS. SuporAnarica
will be responsible for the initial construction and surfacing of
the SA th000ant and the Papineau a Hardy Easesant, in asphalt or
similar surface, at suparAnorica -s solo cost and expense.
SuperAbefiCe shall ba for mlnc.ining the surface of
the SA Easamone, at SuporAmarica -s sole coat and expense.
Suparlmerica shall be responsible for maintaining the surface of
the Papineau i Hardy Easement, but shell be reimbursed for
one -half (1 /2) of such maintenance costs and expenses by the
owner of the Papinaau G Hardy property.
1. PIAMIASLE LIQUIDS STORI6E. Papineau i Hardy
acknovladga that they have been informed that underground storage
tanks containing flammable substances will be located under the
surface of a portion of the SA Easement area. SuporAmerica
expressly reserves the right to enter upon the SA Easement for
purposes of maintaining, repairing, servicing, installing,
filling or testing such tanks, or for any other perpr =s
associated with such tanks. Papineau i Hardy acknowledge that,
in the avant of such entry by SuparAmerica, the Papineau 6 Hardy
Property -s access and use of the SA Easement may be restricted,
reduced or denied for a reasonable period of time.
5. COVENANTS To RUN WITH LAND. The respective easements
granted hereunder shall run with the land benefitted thereby and
.inure to the benefit of the respective owners, their successors
and assigns.
6. ENTIRE
understanding of
matter, and may
signed by the pal
IN WITNESS
Agreement as of
t.,✓ � . .lie r.. I!. _.:_
F_
t sets forth the entire
t respect to its subject
9or ed except in writing
have executed this
written.
SUPFRSxratCA GROUP, INC.
Packet Page -2700-
7/26/2011 Item 16.K.1.
001611 ael 15
OR BOOK A..,r'
or [ )
STATE .�
)SS
coum or(�c' &u)
Eo[sgofpgl in ttssannt vas ask. dged bu- no this
y of
1993, by A. x. pspfnasu.
PC.
Notfry Pu flc -
Main.r cw rYalr.a
My Commission Expfrosc
w.+�»c* -^�°•^ '+��• -- ._,..,.._,..�...
STATE OFJrbltti )
)SS
COUNTY or .)
The foregoing ins rusant vas aaknorledged before me this
j2nd day of —"
1991, by Robert S. Hardy.
Not Public � ^.
ax.., adx. em N Hill/t }
irywmwinancr o.N. �. V/ ) .
My Commission Expires:
STATE Or KENTUCKY
)BB
COUNTY OF FAYETTE ) R cp
1�, The foregoin
M i Z
day of , 1991, by
the corporat Cr up, I ,_., —a., Dalava=
the corporation
NY Commission iress MY
Packet PaEe -2701-
Iged before me this
pattus, president of
ation, on behalf of
Un
o=
oaN O,
a
w
e �
o !
zv
WO.
Z p0
Z oq
Z W
Y �
C4
� I
N
:D o
d f _
Co
u
X U1
_ om
V) D ri
Y_
jC)
C) f Tl
n
a m
F�
Z r
1
P�
a
1
M
M
TOLLGATE BLVD.
EAST LINE OF PARCEL ONE
RECORDED IN P_8. 16. PA
Z
NT z
Packet Page -2702-
7/26/2011 Item 16.K.1.
i
i
10
Ir
1x
FD I O
C
In
z r-
r m
D 10
N
uDn "l
"0T0 I
O C
D
r
_� SHEET 2 OF 2
a,
d
w
0
Co
#,�
a
0
o=oa0
a
0
C N ; te n
1
�
Z
Dmgo
CD
L
0 p°
A
_� SHEET 2 OF 2
a,
d
w
0
Co
7/26/2011 Item 16.K.1.
LJ.'ELSIT B
•o M cs.�
r q
U
E�/E n iU W' u• ■ cwt
C \�� 1 t• ii OY _ __ In •ff � �
N
\ N
jS nDO0u• s anew \•,j °Rim �
MM
Mn M /Y
00'OYW E ISMY
z
C
n I ;lD Ci o
I
a ,
°a G
Co
4
m� 1 GOB
A
m
b
U
� J
N G
• p
`L a7
� a >
t�
S 00'46'53' W 1276.72' D
0
E O
EAST LWE OF PARCEL ONE
-4
rq X
RECORDED IN P.B. 16. P.1
= N s � o
D
z
(n
mn
noz�o°
_
5
(n =
0 r1 Mz
-'
m
>o�zow
$
mr
m
<
Packet Page -2703-
�r n.