Agenda 03/12/2019 Item #16K203/12/2019
EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment to
settle final compensation for the taking of Parcel 405RDUE, in the amount of $33,377.70, including
statutory attorney fees and costs, and expert f ees and costs, in the lawsuit styled Collier County v.
GG1 Naples, LLC, et al, Case No. 17-CA-1407, required for the Golden Gate Boulevard Expansion
Project No. 60145. (Fiscal Impact: $33,377.70)
OBJECTIVE: To settle full compensation owed for the taking of Parcel 405RDUE required for the
expansion of roadway and related drainage and utility improvements to Golden Gate Boulevard
Expansion Project, (Project No. 60145), hereinafter referred to as the “Project.”
CONSIDERATIONS: On December 19, 2017, the County condemned Parcel 405RDUE and deposited
$4,730 into the Court Registry as a good faith estimate of value pursuant to an Order of Taking in the
lawsuit styled Collier County v. GG1 Naples, LLC, et al, Case No. 17-1407. Parcel 405RDUE is on
improved property owned by GG1 Naples, LLC, was required for the construction of the Project, and is a
non-exclusive, road right-of-way, drainage and utility easement, containing 1,575 square feet. An aerial
photograph of the property is attached.
Mediation was held on March 4, 2019. The parties entered into the attached Mediated Settlement
Agreement, contingent upon Board approval. The Settlement Agreement terms include the County paying
Respondent $33,377.70 over the amount of deposit for final compensation of Parcel 405RDUE and
includes all statutory attorney fees and costs and expert fees and costs.
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 CAO will file the attached Joint Motion
for Stipulated Final Judgment with the Circuit Court.
FISCAL IMPACT: Funds in the amount of $33,377.70 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. - CMG
RECOMMENDATION: To approve a Mediated Settlement Agreement and Stipulated Final Judgment
to settle final compensation for the taking of Parcel 405RDUE, in the amount of $33,377.70, including
statutory attorney fees and costs, and expert fees and costs, in the lawsuit styled Collier County v. GG1
Naples, LLC, et al, Case No. 17-CA-1407, required for the Golden Gate Boulevard Expansion Project No.
60145.
Prepared by: Colleen M. Greene, Assistant County Attorney
ATTACHMENT(S)
1. Mediated Settlement Agreement. (PDF)
2. Joint Motion for Stipulated Final Judgment Order (PDF)
3. Aerial Photograph of Parcel 405 (PDF)
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03/12/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.2
Doc ID: 8252
Item Summary: Recommendation to approve a Mediated Settlement Agreement and Stipulated
Final Judgment to settle final compensation for the taking of Parcel 405RDUE, in the amount of
$33,377.70, including statutory attorney fees and costs, and expert fees and costs, in the lawsuit styled
Collier County v. GG1 Naples, LLC, et al, Case No. 17-CA-1407, required for the Golden Gate
Boulevard Expansion Project No. 60145. (Fiscal Impact: $33,377.70)
Meeting Date: 03/12/2019
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
03/05/2019 10:43 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
03/05/2019 10:43 AM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 03/05/2019 10:55 AM
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 03/05/2019 11:00 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 03/05/2019 11:02 AM
Growth Management Department Gene Shue Additional Reviewer Completed 03/05/2019 11:03 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 03/05/2019 11:11 AM
Transportation Engineering Robert Bosch Additional Reviewer Completed 03/05/2019 11:21 AM
Growth Management Department Jeanne Marcella Department Head Review Completed 03/05/2019 12:39 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 03/05/2019 2:58 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/05/2019 3:17 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/05/2019 3:19 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 03/05/2019 3:27 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 03/06/2019 10:35 AM
Board of County Commissioners MaryJo Brock Meeting Pending 03/12/2019 9:00 AM
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COI-LIER COUNTY BOARD OF COLINTY
COMMISSIONERS, a political subdivision
Of the State of Florida.
Petitioner,
GGI NAPLES, LLC; ET AL.
Respondents.
IN'IHE CIRCUIT COURT OF TIIE
TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COL]}ITY
FLORIDA
Case No: 2017-CA-1407
Parcel: 405RDUE
good faith dcposit in the Court Registry.
79
6.
.-- zf,
Petitioner will pay Respondent the balance due o1553')r'lithin thiny
(30) <lays of the actual date of receipt by tl.re Petitioner's counsel ola contbrmed copy of
the aforesaid Stipulated Final Judgment fronr the Courl.
MEDIATED SETTLEMENT AGREEMENT
AsaresultofaMediationConferenceheldonMarch4,20lgtheparliesreached
the fbllowing Settlement Agreement contingent upon the approval of the Collier County
Board of Commissioners:
1. Petitioner will pay to Respondent. GOI Naples, LLC, the sum of $Jfi d'a$
in tull settlement ofall claims for oompensation from Petitioner whalsoever, including
business damages, but excluding attomey's fees, experts' fees, and costs'
2. In addition to the settlemeql 4mount relerenced in Paragraph I ofthis
Agreement, pctitioner rvitl pay S /'/aplin total anomey's fees and attorney litigation
co"sts in this case, inclutlingfees reiated to monetary and non-monetary benefits and
supplemental proceedings, if anY'
3. hr addition to the scttleraent amount referenced in Paragraph 1 of this
Agreetnent, Petitioner will pay Sj1684i'" total experts' fecs and costs in this case'
4. counsel tbr Petitioner and Respondent rvill jointly submit to the court for
signature a mutually approved stipulated Final Judgment in this matter as soon as
pr.;tical hereofte., tui not prior to the satisf-action of all conditions contained hercin.
5. Petitioncr is entitled to a credit in the amount of $Y/7'O, P ibt it'
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Packet Pg. 1372 Attachment: Mediated Settlement Agreement. (8252 : Mediated Settlement Agreement Parcel 405RDUE - $33,377.70 - Project No. 60145 -17-CA-
Petitioner, Collier Co. Robert Bosch
7.Attached hereto is an addendum to this Agreement'
Yes
y'xo
8.This Agreement, dated March 4, 2019, contains all of the agreements of
/Lc lLj,- k_
Resoondent.
r.yi fi lnn,
, Colleen M. Greene
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Packet Pg. 1373 Attachment: Mediated Settlement Agreement. (8252 : Mediated Settlement Agreement Parcel 405RDUE - $33,377.70 - Project No. 60145 -17-CA-
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Packet Pg. 1374 Attachment: Joint Motion for Stipulated Final Judgment Order (8252 : Mediated Settlement Agreement Parcel 405RDUE - $33,377.70 - Project
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Packet Pg. 1375 Attachment: Joint Motion for Stipulated Final Judgment Order (8252 : Mediated Settlement Agreement Parcel 405RDUE - $33,377.70 - Project
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Packet Pg. 1376 Attachment: Joint Motion for Stipulated Final Judgment Order (8252 : Mediated Settlement Agreement Parcel 405RDUE - $33,377.70 - Project
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Packet Pg. 1377 Attachment: Joint Motion for Stipulated Final Judgment Order (8252 : Mediated Settlement Agreement Parcel 405RDUE - $33,377.70 - Project
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Packet Pg. 1378 Attachment: Joint Motion for Stipulated Final Judgment Order (8252 : Mediated Settlement Agreement Parcel 405RDUE - $33,377.70 - Project
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Packet Pg. 1379 Attachment: Joint Motion for Stipulated Final Judgment Order (8252 : Mediated Settlement Agreement Parcel 405RDUE - $33,377.70 - Project
AERIAL – PARCEL 405RDUE
GOLDEN GATE BLVD. PROJECT NO. 60145
EXISTING RIGHT-OF-WAY PER PLAT
PARCEL 405RDUE
/
16.K.2.c
Packet Pg. 1380 Attachment: Aerial Photograph of Parcel 405 (8252 : Mediated Settlement Agreement Parcel 405RDUE - $33,377.70 - Project No. 60145 -17-CA-