Agenda 07/28/2009 Item #16K11^t Y i1C,a Ilem No. iP K11
!Iy 2812009
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EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agreement and authorize a Stipulated
Final Judgment incorporating the same dollar amounts in the amount of $2,265,900 for
Parcels 113FEE, 114FEE, 114TCE, 116FEE, 116TCE, 116DE, and 118FEE, plus $180,000
in attorney's fees, expert fees and costs in the lawsuit styled CC v. Andy Morgan, et al., Case
No. 07- 4400 -CA (Santa Barbara Boulevard Extension Project Number 60091) (Fiscal
Impact: $914,270.00).
OBJECTIVE: That the Board of County Commissioners approve a Mediated Settlement
Agreement in the amount of $2,265,900 for Parcels 113FEE, 114FEE, 114TCE, 116FEE,
116TCE, 116DE, and 118FEE, plus S180,000 for attomey's fees expert fees and costs in the
lawsuit styled CC v. Anclv Morgan, et al., Case No. 07- 4400 -CA (Santa Barbara Boulevard
Extension Project Number 60091), and authorize and approve a Stipulated Final Judgment
incorporating the same dollar amounts contained in the Mediated Settlement Agreement.
CONSIDERATIONS: Prior to filing suit, the County offered owners, Andy Morgan a/k /a
Andy R. Morgan, and Beverly Morgan, 51,832,725.00 (including a total settlement incentive of
$82,225 above the County's appraised value) for Parcels 113FEE, 114FEE, 114TCE, 116FEE,
I I6DE, I I6TCE, and I I SFEE all of which are required for construction of the Santa Barbara
Boulevard Extension project between Davis Boulevard and Rattlesnake Hammock Road. This
offer was not accepted. Instead, the owners countered with their own appraiser's estimate of full
-_- compensation at $4,390,100.00 for land and severance damages.
Failing to reach compromise and settlement, the County's appraisal was updated for testimony as
to full compensation at the Order of Taking Hearing on March 17, 2008, and on March 26, 2008,
Collier County deposited into the court registry the sum of $1,531,800.00 for Parcels 113FEE,
114FEE, 114TCE, 116FEE, 116DE, 116TCE, and 118FEE. Outside counsel was hired to
prepare the case for trial. The case was mediated by outside counsel and Litigation Section
Chief Jacqueline Hubbard in February, 2009. No settlement was reached, but negotiations
continued.
A highly successful outcome at trial would be a jury verdict in the same amount as the County
initially deposited, which was $1,531,800.00, Between attorneys' fees and expert costs, the
County would be spending well in excess of $150,000.00 to try this case. Accordingly, it is
staff s belief that it is fiscally prudent to settle this ease at this time.
It should be noted that if the County were unsuccessful at trial, between a potential jury verdict
of $4,300,000, reflecting a higher land value for greater density, together with the County having
to pay both the Owner's attorneys' flees and costs, as well its own trial costs, total expenditures
could be several hundreds of thousands Knot, millions of dollars in excess of the sum the County
would be paying if this proposed settlement is approved.
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COLLIER COUNTY
E>C)ARC` OF COUNTY COMMISSIONERS
Item Number:
16K11
Item Summary:
Recommendation to approve a IVediated Settlement Agreement
and authorn_e a Stipulated
County A torney
Final Judgment incorporating the same dollar amounts in
the amount of 82.265,900 for
Approved By
Parcels 113FEE, 114FEE. 114TCE 116FEE, 116TCE,
116DE, and 118FEE, plus $180.000
OMB Coordinator
in attorneys fees, expert fees and costs in the lawsuit styled
CC v- Andy Morgan.. et al., Case
County Manager's Otfice
No 07- 4400 -CA (Santa Barbara Boulevard Extension Project Number 60091) (Fiscal Impact:
7,2W250,9 8:22 AM,
$314.270,00).
Meeting Date:
7/28/2009 900 UC ..410
Senior MJlanagcn ent/Budget. Analyst
Prepared By
County ft anars r s Of`,ir:2
C'{f i; e of I.'anar= .rren, P, D o-et
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
7116i2009 3:33:08 PM
Approved By
Heidi F. Ashton
Assistant County Attorney
Date
County Attorney
County Attorney Office
711612009 3:49 PMVI
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
?`1612009 4:08 PIV1
Approved By
L,!sa Taylor
klariagerrent /Budget Ana - lyst
Date
Transportation Services
,+. ncpnra+ion dm n;c+r +; on
- , 1 T1 ?nn4 1 s22 rtn
�r
Approved By
Naieh Ahnzad Director Date
Transportation Engineering a
Transportation Services 71111712009 11:26 AM
- onstruction d'ilanngern nt
Approved By
nerese Stanloy Oran;s Coordinator Data
Tran portation Transpo :tabor €Adrnin - stration 7117,200,9 2:13 P
Approved By
_,otr R. ,each
s S . ,wnt ^ounty -.Zxc� r'I
'Date
County A torney
Cr uwity Atto rnt-y Cffi >, e
711712009 4:26 PM
Approved By
OMB Coordinator
CMB Coordinator
Data
County Manager's Otfice
C� ticry of far agetne,;t & ^urt }et
7,2W250,9 8:22 AM,
Approved By
Sus an Usher
Senior MJlanagcn ent/Budget. Analyst
Date
County ft anars r s Of`,ir:2
C'{f i; e of I.'anar= .rren, P, D o-et
20;ZDv9 3:47 PIA
Approved By
Lees E. Ochs. Jr.
Board of County
G r tsty CntintV M;;zri .ier
COUnty !4anacger`s Jtfi::;
rya-.
7!2V2G49 1:46 PM
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
— "^
CIVIL ACTION
-
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COLLIER COUNTY, FLORIDA,
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a subdivision of the State of Florida,
political
r,.
ry
Case No.: 07- 4400 -CA
Petitioner,
Parcel Nos.: 113FEE, 114FEE, 114TCE,
vs. 116FEE, l i 6TCE, i 16DE
118FEE
ANDY MORGAN aka ANDY R MORGAN, et al.,
Respondents.
I
MEDIATED SETTLEMENT AGREEMENT
Pursuant to the Mediation Conference held on the 12th day of February, 2009, the parties have
agreed to abide by the following:
1. Petitioner, COLLIER COUNTY, shall pay the Defendants, ANDY MORGAN, a/k/a
ANDY R. MORGAN and BEVERLY MORGAN, as full compensation for the above parcels,
the aggregate sum of $2,265,900.00, less any sums heretofore paid, and subject to
apportionment.
2. The foregoing stipulated full compensation is exclusive of attorney's fees, expert witness
fees and any other taxable costs.
3. This Mediated Settlement Agreement is contingent upon the approval of the Collier
County Board of Commissioners. As a condition precedent to the presentation of this Mediated
Settlement Agreement to the Collier County Board of Commissioners, the parties have reached
an agreement regarding the amount of attorney's fees, expert witness fees and any other taxable
costs owing to the Defendant pursuant to Sections 73.091 and 73.092, Florida Statutes in the
amount of $180,000.00. The complete settlement package Mull compensation for the above
parcels together with the agreed the amount of attorney's fees, expert witness fees and other
taxable costs) shall be presented to the Collier County Board of Commissioners for
consideration. If the Collier County Board of Commissioners rejects the settlement package, this
Mediated Settlement Agreement shall be void, and the mediation shall be treated as having
reached an impasse.
4. If the Collier County Board of Commissioners approves the settlement package, the
parties shall enter into a mutually agreeable Stipulation to have Final Judgment entered reflecting
the terms of this Mediated Settlement Agreement.
5. Pursuant to Florida Statute 44.102 (3), the parties agree to keep the communications
during the Mediation confidential.
THIS STIPULATION BECOMES BINDING UPON THE PARTIES BY THEIR
EXECUTION AND THAT OF THEIR COUNSEL AND THE APPROVAL OF THE COUNTY
COMMISSIONERS.
DATED this day of , 2009.
COLLIER COUNTY, FLORIDA
F:2- ROBERT N. ZACHARY
ASSISTANT COUNTY ATTORNEY
Collier County Attorney's Office
3301 E. Tamiaini Trail
Naples, Florida 34112
Telephone: (239).252-8400
BRIAN W. BOLVES, ESQUIRE
JEFFREY L. HINDS, ESQUIRE
Bricklemyer, Smolker & Bolves, P.A.
500 East Kennedy Boulevard, Suite 200
Tampa, Florida 33602 -4825
Telephone: (813) 223 -3888
RESPONDENTS, ANDY R. MORGAN and BEVERLY MORGAN
JOHN P. CARDILLO, ESQUIRE
Cardillo, Keith & Bonaq >;st, P.A.
3550 East Tamiami Trail
Naples, Florida 34112 -4999
T,61�ho e: (239) 774 -2229
t
ANDY R. MO
G
BELLA Y. PATEL, ESQUIRE
Bella Y. Patel, P.A.
13026 Waterford Run Drive
Riverview, Florida 33569
(813) 643 -2762
BEVERLY MO AN
MEDIATOR
JAMES A. HELINGER, JR., MEDIATOR
814 Chestnut Street
Clearwater; Florida 33756
Telephone: (727) 443 -5373
Florida Bar Number: 01452QO
Certification Number: 12262 R
07-4400a180
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7of7
THIS STIPULATION BECOMES BINDING UPON THE PARTIES BY THEIR
EXECUTION AND THAT OF THEIR COUNSEL AND THE APPROVAL OF THE COUNTY
COMMISSIONERS.
DATED this day of , 2009.
COLLIER COUNTY, FLORIDA
ROBERT N. ZACHARY
ASSISTANT COUNTY ATTORNEY
Collier County Attorney's Office
3301 E. Tamiami Trail
Naples, Florida 34112
Telephone: (239) 252 -8400
BRIAN W. BOLVES, ESQUIRE
JEFFREY L. HINDS, ESQUIRE
Bricklemyer, Smolker & Bolves, P.A.
500 East Kennedy Boulevard, Suite 200
Tampa, Florida 33602 -4825
Telephone: (813) 223 -3888
RESPONDENTS, ANDY R. MORGAN and BEVERLY MORGAN
JOHN P. CARDILLO, ESQUIRE
Cardillo, Keith & Bonaquist, P.A.
3550 East Tamiami Trail
Naples, Florida 34112 -4999
Telephone: (239) 774 -2229
ANDY R. MORGAN
,6A,- , ul
BEL A Y. PATE f, ESQUIRE
Bella Y. Patel, P.A.
13026 Waterford Run Drive
Riverview, Florida 33569
(813) 643 -2762
BEVERLY MORGAN
MEDIATOR
JAMES A. HELINGER, JR., MEDLATOR
814 Chestnut Street
Clearwater, Florida 33756
Telephone. (727) 443 -5373
Florida Bar Number: 0145200
Certification Number: 12262 R
07-470013180
2