Agenda 12/11/2018 Item #16K 512/11/2018
EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agreement for final compensation in the
amount of $94,000 for Parcel 380RDUE, plus $13,826 in statutory attorney fees and costs and
$14,000 for expert fees and costs, in the lawsuit styled Collier County v. George A. Nestory, et al,
Case No. 16-CA-1347, required for the Golden Gate Boulevard Expansion Project No. 60145.
(Fiscal Impact: $64,596)
OBJECTIVE: To settle full compensation owed for the taking of Parcel 380RDUE required for the
expansion of roadway and related drainage and utility improvements to Golden Gate Boulevard
Expansion Project, (Project No. 60145).
CONSIDERATIONS: On November 2, 2016, the County condemned Parcel 380RDUE and deposited
$57,400 into the Court Registry as a good faith estimate of value pursuant to an Order of Taking in the
lawsuit styled Collier County v. George A. Nestory, et al, Case No. 16-CA-1347. Parcel 380RDUE is
located on improved property owned by Felipe Dejesus Ramirez and is a non-exclusive, road right-of-
way, drainage and utility easement, containing approximately 3,825 square feet. The property is located
off Everglades Boulevard and was taken for the associated improvements to the intersection at Golden
Gate Boulevard and Everglades Boulevard. An aerial photograph of the property is attached. Appraisers
for both the County and the property owner agree that the residence on the remaining property is damaged
by the taking since it is only 45 feet from the new right -of-way, thus reducing its value. The parties,
however, differ on the value of the landscaping taken and the cost to restore a buffer to the new roadway.
The property owner claimed $136,500 in total compensation, exclusive of attorney and expert fees.
Mediation was held on November 7, 2018 where the parties ultimately entered into the attached Mediated
Settlement Agreement, contingent upon Board approval. The Settlement Agreement terms include the
County paying Respondent $94,000 in full settlement of all claims for final compensation of Parcel
380RDUE, plus $13,826 in statutory attorney fees and costs and $14,000 in expert fees and costs. If
approved, the County will be obligated to pay an additional $64,596 over the amount on deposit, which
includes a $170 Clerk’s fee for the deposit into the Court Registry.
The County Attorney’s Office and Staff recommend approval of the Mediated Settlement Agreement
since a better result is not anticipated at trial. Upon approval, the County Attorney's Office will file a
Joint Motion for Stipulated Final Judgment incorporating the same terms and conditions with the Circuit
Court.
FISCAL IMPACT: Funds in the amount of $64,596 will be paid from impact fees from the Golden Gate
Boulevard Expansion 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: None.
LEGAL CONSIDERATIONS: This item has been prepared by the County Attorney’s Office, is
approved as to form and legality, and requires a majority vote for Board approval. - ERP
RECOMMENDATION: To approve a Mediated Settlement Agreement in the amount of $94,000 for
Parcel 380RDUE, plus $13,826 in statutory attorney fees and costs and $14,000 for expert fees and costs,
in the lawsuit styled Collier County v. George A. Nestory, et al, Case No. 16-CA-1347, required for the
Golden Gate Boulevard Expansion Project No. 60145.
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12/11/2018
Prepared by: Emily R. Pepin, Assistant County Attorney
ATTACHMENT(S)
1. Mediated Settlement Agreement (PDF)
2. Aerial Photograph Parcel 380RDUE (PDF)
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12/11/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.5
Doc ID: 7404
Item Summary: Recommendation to approve a Mediated Settlement Agreement for final
compensation in the amount of $94,000 for Parcel 380RDUE, plus $13,826 in statutory attorney fees and
costs, and $14,000 for expert fees and costs, in the lawsuit styled Collier County v. George A. Nestory, et
al, Case No. 16-CA-1347, required for the Golden Gate Boulevard Expansion Project No. 60145. (Fiscal
Impact: $64,596)
Meeting Date: 12/11/2018
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
11/20/2018 3:00 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
11/20/2018 3:00 PM
Approved By:
Review:
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 11/20/2018 3:49 PM
Transportation Engineering Robert Bosch Additional Reviewer Completed 11/20/2018 4:07 PM
Growth Management Department Gene Shue Additional Reviewer Completed 11/20/2018 6:10 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 11/26/2018 7:16 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 11/26/2018 7:53 AM
Growth Management Department Thaddeus Cohen Level 1 Reviewer Completed 11/28/2018 9:00 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 11/28/2018 3:48 PM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 11/28/2018 4:19 PM
County Attorney's Office Michael Cox CAO Preview Skipped 11/28/2018 4:22 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/29/2018 8:01 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 11/30/2018 2:21 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/03/2018 9:11 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/03/2018 9:18 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/11/2018 9:00 AM
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORJDA
CIVIL ACTION
COLLIER COUNTY BOARD OF COLTNTY
COMMISSIONERS, a political subdivision of
the State of Florida,
Petitioner.
Case No.: l6-CA-1347
v. PARCEL: 380RDUE
GEORGE A, NESTORY; KEVIN MCCABE;
Julian Perez: Deysi Leiva-Lopez;
Bank oJ America, N.4., successor in interest to
Countrlu'ide Bank, FSB; MORTGAGE
ELECTRONIC RIGISTRATION SYSTEMS,
INC., as nominee for Countrywide Bank, FSB, and
as nominee for Town Square Mortgage and
Investments. Inc; FELIPE DEJESUS RAMIREZ;
LINKNOWN SPOUSE OF FELIPE DEJESUS
RAMIREZ, if wty; Town Square Mortgage &
Investments, Inc., d/b/a Charter Funding;
UNKNOWN TENANTS, if any; ANTONIO
DESTEFANO, OR THE ESTATE OF; GUISEPPE
DESTEFANO, OR THE ESTATE OF; MIGUEL
GARCIA; and LII.JKNOWN SPOUSE OF MIGUEL
GARCIA, if any;
Respondents.
/
MEDIATED SETTLEMENT AGREEMENT
As a result of a Mediation Conference held on November 7,2018, the parties, Petitioner
COLLIER COUNTY, and Respondent, FELIPE DEJESUS RAMIREZ, reached the following
Settlement Agreement contingent upon the approval of the Collier County Board of
Commissioners:
1. Petitioner, COLLIER COIINTY. will pay to Respondent FELIPE DEJESUS
RAMIREZ, the sum of $94,000.00 in full settlement of all claims for compensation from
Petitioner whatsoever, including business damages, but excluding attomey fees, expert fees, and
costs.
2. In addition to the settlement amount referenced in Paragraph 1 ofthis Agreement,
Petitioner will pay $13,826.00 in total attomey 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 ofthis Agreement,
Petitioner will pay $14,000.00 in total expert fees and costs in this case.
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Packet Pg. 3117 Attachment: Mediated Settlement Agreement (7404 : Mediated Settlement Agreement - Parcel 380RDUE - Project No. 60145 - 16-CA-1347)
4. Counsel for Petitioner and Respondent will jointly submit to the Court for
signature a mutually approved Stipulated Final Judgment which shall include all applicable plan
sheets as an exhibit.
5. Petitioner is entitled to a credit in the amount of $57,400.00 for the amount
previously deposited in the Court Registry.
6. Petitioner will pay Respondent the balance due of $36,600.00 within thirty (30)
days of the actual date of receipt by the Petitioner's counsel of a conformed copy ofthe aforesaid
Stipulated Final Judgment from the Court.
7. This Agreement, dated November 7, 2018, contains all ofthe agreements of the
oarties.
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Petitioner, Collier County
Hany Henderson
elioe DeJesus Ramirez
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Packet Pg. 3118 Attachment: Mediated Settlement Agreement (7404 : Mediated Settlement Agreement - Parcel 380RDUE - Project No. 60145 - 16-CA-1347)
AERIAL – PARCEL 380RDUE
GOLDEN GATE BLVD. PROJECT NO. 60145
/ EXISTING RIGHT-OF-WAY PER PLAT PARCEL 380RDUE
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Packet Pg. 3119 Attachment: Aerial Photograph Parcel 380RDUE (7404 : Mediated Settlement Agreement - Parcel 380RDUE - Project No. 60145 - 16-CA-1347)