Agenda 07/22/2008 Item #16K 7Agenda Item No. 16K7
July 22, 2008
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $177,500.00 for
Parcel No. 125FEE in the lawsuit styled Collier County v. Carlos Alvarez, et al., Case No. 07-
2882-CA (Oil Well Road Project No. 60044). (Fiscal Impact $77,448.00)
OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment for
payment of full compensation to Respondents John and Maricel Pimentel (Respondents), and for
attorney's fees and costs, for the taking of Parcel 125FEE in the lawsuit styled Collier County v.
Carlos Alvarez, et. al., Case No. 07- 2882 -CA (Oil Well Road Project No. 60044).
CONSIDERATIONS: Pursuant to an Order of Taking dated January 9, 2008, Collier County
deposited $118,500.00 into the Court Registry and acquired title to Parcel 125FEE (consisting of
.379 acres) for road right -of -way. In order to avoid the cost of trial, County has agreed with
Respondents to settle this matter for a total of $177,500.00, which includes the costs for land,
improvements and severance damages. $59,000.00 will be held by the County and be paid only
upon completion of certain construction milestones, and upon issuance of a certificate of occupancy
for the home under construction on the remainder of the property. In addition, statutory attorney's
fees, expert fees and costs shall be awarded. See attached Stipulated Final Judgment.
If approved the County will be responsible for the following costs.
• Additional Compensation for Parcel $ 59,000.00
• Expert Witness Fees (80% of invoice) $ 10,000.00
• Statutory Attorney's Fees* $ 8.448.00
TOTAL COST: $ 77,448.00
* Attorney's Fees are mandated by § 73.092, F.S., and are based on 33% of the difference between
settlement amount and the initial offer, i.e., 0.33 X ($177,500 - $151,900).
This item is legally sufficient for Board action.
FISCAL IMPACT: Funds in the amount of $77,448.00 will come from Gas Taxes and Impact
Fees. Source of Funds are gas taxes and impact fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners approve the Stipulated
Final Judgment as to Parcel 125FEE, and authorize the payment of the funds as stated.
PREPARED BY: Robert N. Zachary, Assistant County Attorney
CP:07- 2822- CA;708
Page I of 2
Agenda Item No. 16K7
July 22, 2008
Page 2 of 8
_
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16K7
Item Summary:
Recommendation to approve a Stipulated Final Judgment
in the amount of $177,500 for
Parcel No. 125FEE in the lawsuit styled Collier County v. Carlos Alvarez, et al., Case No. 07-
2882-CA (Oil Well Road Project No. 60044). (Fiscal Impact
$77.448)
Meeting Date:
7122/2008 9 -00:00 AM
Prepared By
Kay Nell
Certified Legal Assistant
Date
County Attorney
County Attorney
71812008 8:31:52 AM
Approved By
Scott R. Teach
Assistant County Attorney
Date
County Attorney
County Attorney Office
7/8/2008 9:31 AM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
718/2008 11:11 AM
Approved By
Najeh Ahmed
Director
Date
Transportation Engineering &
Transportation Services
Construction Management
71812008 11:36 AM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Services
Transportation Administration
71812008 1:06 PM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
7/8/2008 5:38 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM -ROW
7/912008 1:08 PM
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
7/912008 2:23 PM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
7/9/2008 7:26 PM
file: / /C:AAeendaTest \Exnort \l 1 I -.luly %2022% 202008 \16. %2000N3ENT %20AGF,Nl7A \1... 7/1 5/2009
Page 2 of 2
Agenda Item No. 16K7
July 22. 2008
Page 3 of 8
Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 711012008 11:56 AM
file: / /C:AARendaTest \R.xnnrt\ 111- Inlve /7m7e / ?mnnR\fF A(- )A\1 7n<J�MQ
Agenda Item No. 15K7
July 22, 2008
Paae 4 of 8
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a political
subdivision of the State of Florida,
Petitioner,
vs.
Case No.: 07- 2882 -CA
Parcel Nos.: 125FEE
CARLOS ALVAREZ; et al.,
Respondents.
STIPULATED FINAL JUDGMENT
THIS CAUSE, having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, JOHN and MARICEL PIMENTEL, by and
through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel No.
125FEE, the Court finding that the compensation to be paid by Petitioner, COLLIER COUNTY,
FLORIDA, is the full compensation due Respondents, JOHN and MARICEL PIMENTEL, and
the Court being otherwise fully advised in the premises thereof, it is thereupon
ORDERED AND ADJUDGED that:
Respondents, JOHN and MARICEL PIMENTEL, receive from Petitioner,
COLLIER COUNTY, FLORIDA, the sum of One Hundred Seventy Seven Thousand Five
Hundred and No /100 Dollars ($177,500.00), as full payment for the property interests taken and
for damages resulting to the remainder, if less than the entire property was taken, business
damages, and for all other damages in connection with said parcels; it is further
2. ORDERED that Petitioner will be entitled to a credit for the good faith estimate of
value previously deposited in the amount of $1 18,500; it is further
r,oen;ia liem No. 16K7
July 22. 2008
Page 5 of 8
3. ORDERED that the good faith deposit of $118,500.00 be released without further
order from the Court and that the Clerk remit said funds directly to JOHN and MARICEL
PIMENTEL, 4421 SW 75 Ave., #17, Miami, Florida 33155; it is further
4. Ordered that Respondents agreed to complete construction of the home on the
remaining portion of the land owned by Respondents. Upon affirmation by Petitioner of
completion of exterior including roof, stucco, paint, door installation and window installation,
Petitioner shall pay to Respondents Twenty -Nine Thousand Five Hundred and No /100 Dollars
($29,500.00). Upon issuance of a certificate of occupancy, Petitioner shall pay to Respondents
the remaining Twenty -Nine Thousand Five Hundred and No /100 Dollars ($29,500.00); it is
further
5. ORDERED that Respondents shall receive, pursuant to Florida Statutes §73.092(1), as
statutory attorney's fees, the sum of Eight Thousand Four Hundred Forty -Eight and No /100
Dollars ($8,448.00), and that no other attorney's fees shall be awarded in this cause; it is further
6. ORDERED that Respondents shall receive as full settlement of any and all claims for
expert fees and costs the sum of Ten Thousand and No /100 Dollars ($10,000.00), and no other
expert fees and costs shall be awarded; it is further
7. ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final
Judgment entered by this Court, Petitioner, COLLIER COUNTY, FLORIDA, shall pay
attorney's fees and expert fees and costs in the amount of $18,448.00, payable to the Trust
Account of Bella Y. Patel, 13026 Waterford Run Drive, Riverview, FL 33569, for proper
disbursement in accordance with this Order; it is further
8. ORDERED that title to Parcel No. 125FEE, being fully described in Exhibit "A"
attached hereto and incorporated herein, which vested in Petitioner, COLLIER COUNTY,
FLORIDA, pursuant to the Order of Taking dated January 9, 2008, and the deposit of money
heretofore made, is approved, ratified, and confirmed; it is further
Agenda Item No. 16K7
July 22. 2008
Page 6 of 8
9. ORDERED that the Notice of Lis Pendens filed in the above - styled cause and
recorded in Official Record Book 4275, Page 2074 of the Public Records of Collier County,
Florida, be dismissed as to Parcel No. 125FEE; it is further
10.. ORDERED that pursuant to Section 74.051(3), F.S., the Clerk of Courts shall
disburse the interest earned on the funds on deposit in the amount of S , via wire
transfer from the Clerk of Courts to the Board of County Commissioners, Account # 339-
163659- 600444; it is further
11. ORDERED that this Stipulated Final Judgment is to be recorded in the Official
Records of Collier County, Florida; it is further
12. ORDERED that this Court retains jurisdiction to enforce the terms of this Stipulated
Final Judgment; it is therefore
DONE AND ORDERED in Naples, Collier County, Florida, this day of
11:
HUGH D. HAYES
CIRCUIT COURT JUDGE
Conformed copies to:
Robert N. Zachary, Esquire
Bella Y. Patel, Esquire
Deborah Marks, Esquire
E. Glenn Tucker, Esquire
Kevin Hendricks, Transportation Dept.
Accounting
Agenda Item No. 16K7
July 22, 2008
Page 7 of 8
JOINT !NOTION
The Parties hereby stipulate and respectfully request this Court to enter the foregoin.g
Stipulated Final Judgment as to Parcel No. 125FF.E.
Bella Patel. Esquire
Florida`,Bar No.: 961670
Law Offices of Bella Y. Patel, P.A.
13025 Waterford Run Drive
Riverview, Florida 33569
(8 13) 643 -2762- Phone
ATTORNEY FOR RESPONDENTS
JOHN and MARJCEL PIMENTEL
Robert N- Zachary
Assistant County Attorney
Florida Bar No.:
3301 East Tamianti Trail, 8`n' Floor
;Naples. Florida 34112
(239) 252 -8400 — Phone
(239) 252 -6300 — Facsimile
ATTORNEY FOR PETITIONER
CERTIFICATE OF SERVICE,
i IIEREBY CERTIFY that a true and correct ropy of the foregoing has been furnished by
I -.S. !Jail to the parties listed on the attached service list on this clay of
, _'008,
ROBERT N, ZACHARY
ASSISTANT COUNTY AI- CORNFY
PROJECT NO. B0044.
PROJECT PARCEL NO. 125 FEE
FEE SIMPLE INTEREST
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
Agenda Item No, 16K7
July 22, 2008
Page 8 of 8
EXHIBIT 4
Page ' v ;dyb
THE SOUTH 50 FEET OF TRACT 63, GOLDEN GATE ESTATES UNIT
Na 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 0.379 ACRES, MORE OR LESS.
TRACT 63
FEE SIMPLE
INTEREST
PflOPOAN WOMM& NGKf FOAY 150 FEEn
WAYfklEd PR LINE Sv FEEf
N
O
R
T
F7
NOT TO SCALE
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