Agenda 11/13/2018 Item #16K 711/13/2018
EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agreement in the amount of $25,000, plus
$7,664.25 in statutory attorney fees, and $3,000 for expert costs, to settle full compensation for the
taking of Parcel 233RDUE in the case styled Collier County v. Arabel Subiaut, et al., Case No. 14-
CA-2762, required for the widening of Golden Gate Boulevard, Project No. 60040. (Fiscal Impact:
$33,889.25).
OBJECTIVE: To settle full compensation due the property owner for the taking of Parcel 23 3RDUE
required for the 4-laning of Golden Gate Boulevard, Project No. 60040, (“Project”).
CONSIDERATIONS: On June 10, 2014, the Board authorized the condemnation of Parcel 233RDUE
by adopting a Condemnation Resolution to construct the Project. On July 9, 2015, the Court granted an
Order of Taking in favor of the County and title to Parcel 233RDUE transferred to the County upon the
deposit of the County’s good faith estimate of value of $1,775 into the Court Registry. Parcel 233RDUE
is a 3,000 square foot right-of-way, drainage and utility easement taken from property owned by Muller
Real Estate Holdings, LLC, (“Muller”). The parent tract is improved with a single -family home which is
approximately 100 feet from the new right-of-way line after the taking. An aerial photograph of the
subject property is attached.
Muller’s original claim, based on its appraiser’s report, was $56,000, stating that the value of the
remainder site would be diminished by the “change in location” from being located on a 4 -lane divided
road, and the reduced setback to the 4-lane road. On November 1, 2018, the parties participated in a
mediation and agreed to settle full compensation for the property taken, all improvements, and damages
in the amount of $25,000. The County is also obligated to pay $7,664.25 in statutory attorney fees and
$3,000 in negotiated expert costs.
If this item is approved, the County will be required to pay $33,889.25 over the amount previously
deposited into the Court Registry.
The County Attorney’s Office and Transportation staff recommend approval of this Mediated Settlement
Agreement since a better result is not anticipated at trial. Once approved, the County Attorney’s Office
will file a Joint Motion for Stipulated Final Judgment, incorporating the terms of the Mediated Settlement
Agreement, with the Circuit Court.
FISCAL IMPACT: Funds in the amount of $33,889.25 are available in the Golden Gate Blvd.
Transportation Capital Improvement Project No. 60040. The primary funding source for the ac quisition
of right-of-way is impact fees. Should impact fees not be sufficient within the 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: To approve a Mediated Settlement Agreement for the total amount of
$33,889.25 for the taking of Parcel 233RDUE in the case styled Collier County v. Arabel Subiaut, et al.
Case No. 14-CA-2762, required for the widening of Golden Gate Boulevard, Project No. 60040.
Prepared by: Emily R. Pepin, Assistant County Attorney
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11/13/2018
ATTACHMENT(S)
1. Mediated Settlement Agreement (PDF)
2. Aerial Photograph of Parcel 233RDUE (PDF)
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11/13/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.7
Doc ID: 7254
Item Summary: Recommendation to approve a Mediated Settlement Agreement in the amount of
$25,000, plus $7,664.25 in statutory attorney fees, and $3,000 for expert costs, to settle full compensation
for the taking of Parcel 233RDUE in the case styled Collier County v. Arabel Subiaut, et al., Case No.
14-CA-2762, required for the widening of Golden Gate Boulevard, Project No. 60040. (Fiscal Impact:
$33,889.25).
Meeting Date: 11/13/2018
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
11/05/2018 1:33 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
11/05/2018 1:33 PM
Approved By:
Review:
Growth Management Department Gene Shue Additional Reviewer Completed 11/05/2018 2:02 PM
Transportation Engineering Deborah Farris Additional Reviewer Completed 11/05/2018 2:05 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 11/05/2018 2:09 PM
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 11/05/2018 2:11 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 11/05/2018 2:17 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 11/05/2018 2:19 PM
Growth Management Department Jeanne Marcella Department Head Review Completed 11/05/2018 2:21 PM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 11/05/2018 3:17 PM
County Attorney's Office Emily Pepin CAO Preview Completed 11/05/2018 3:17 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/05/2018 3:22 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/05/2018 3:27 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 11/05/2018 3:35 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 11/06/2018 9:12 AM
Board of County Commissioners MaryJo Brock Meeting Pending 11/13/2018 9:00 AM
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IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COL]NTY
FLORIDA
COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS, a political subdivision
Of the State of Florida.
Petitioner,
Case No: 2014-CA-2762
v. Parcel:233RDUE
ARABEL SUBIAUT and
MULLER REAL ESTATE HOLDINGS. LLC, ET AL.
Respondents.
I
MEDIATED SETTLEMENT AGREEMENT
As a result of a Mediation Conference held on November 1,2018 the parties
reached the following Settlement Agreement contingent upon the approval ofthe Collier
County Board of Commissioners:
I . Petitioner r.r'ill pay to Respondent, Muller Real Estate Holdings, the sum
of $ &Sjftl,t in full settlement of all claims for coirpensation
tiom Petitioner rvhatsoever, including business damages, but excluding attomey's fees,
experts' flees, and costs.
2. In addition to the settlement anlount relerenced in Paragraph 1 ofthis
Agreement. Petitioner rvill pay S 7 6 6 /,* in total attomey:s iees and attomey
litigationcostsinthiscaSe.ln;tuaileesrelatedtomonetaryandnon-monetarybenefits
and supplemental proceedings, if any.
3. In addition to the settlement amount referenced in Paragraph 1 of this
Agreement, Petrtioner will pay $ -2,jOU, e in total experts' fies and costs in
this case.
4. Counsel for Petrtioner and Respondent rvill jointly submit to the Court for
srgnature a mutually approved Stipulated Final Judgment in this matter as soon as
practrcal hereafter, but not pnor to the satisfaction ofall conditions contained herein.
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16.K.7.a
Packet Pg. 2129 Attachment: Mediated Settlement Agreement (7254 : Mediated Settlement Agreement - project 60040 - parcel 233RDUE - 14-CA-2762)
6 Petitioner will pay Respondent the balance due "f S 33t88qlt
within thirty (30) days ofthe actual date ofreceipt by the P"tition..\i6urr..l of,
conformed copy ofthe aforesaid Stipulated Final Judgment from the Court'
4 Attached hereto is an addendum to this Agreement.
Yes t/ No
This Agreement, dated November 1,2018, contains all of the agreements
Print name and title
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Packet Pg. 2130 Attachment: Mediated Settlement Agreement (7254 : Mediated Settlement Agreement - project 60040 - parcel 233RDUE - 14-CA-2762)
AERIAL – PARCEL 233RDUE
GOLDEN GATE BLVD. PROJECT NO. 60040
/
EXISTING RIGHT‐OF‐WAY
PLAT
PARCEL 233RDUE
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Packet Pg. 2131 Attachment: Aerial Photograph of Parcel 233RDUE (7254 : Mediated Settlement Agreement - project 60040 - parcel 233RDUE - 14-CA-2762)