Agenda 04/08/2008 Item #16K 8
Agenda Item No. 16K8
April 8, 2008
Page 1 of 5
Executive SUmmary
Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final
Judgment to be drafted incorporating the same terms aud conditions as the Mediated
Settlement Agreement in the amount of $260,350.00 for the aequisition of Parcels 107FEE,
107TCE and 109FEE in the Lawsuit styled Collier County, Florida v. Michael L. McEndree, et
al., Case No. 07-4335-CA (Santa Barbara Boulevard Extension Project #60091). (Fiscal
Impact: $74,000.00)
OBJECTIVE: That the Board approve a Mediated Settlement Agreement and a Stipulated Final
Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement
Agreement as full and fmal compensation to be paid for the acquisition of Parcels 107FEE, 107TCE
and I09FEE in the lawsuit styled Collier County, Florida v. Michael L. McEndree, et al., Case No.
07-4335-CA (Santa Barbara Boulevard Extension Project #60091).
CONSIDERATIONS: Collier County seeks to condemn a 25-foot wide strip and 32-foot wide strip
of right-of-way from home owners, Michael and Tammy McEndree. An Order of Taking hearing
was held on March 17, 2008 and the County will be depositing the sum of $260,350.00 into the
Court Registry. Through mediation, the parties agreed to a total compensation in the amount of
$260,350.00 plus attorney's fees and expert fees and costs.
If approved, the County will be responsible for the following costs:
..^-
. Additional Deposit/Disbursement Amount:
. Clerk's Fee:
. Attorney's Fees & Expelis' costs:
TOTAL
$ None
$ N/A
$ 74.000.00
$ 74,000.00
Attached is the Mediated Settlement Agreement providing for the above-stated funds.
FISCAL IMPACT: Funds in the amount of $74,000.00 will come from the Transportation
Supported Gas Tax Fund and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDA nON: That the Board of County Commissioners:
1. Approve the Mediated Settlement Agreement;
2. Approve the Stipulated Final Judgment which incorporates the tenus and conditions
of the Mediated Settlement Agreement to be presented to the Court for entry; and
3. Approve the expenditure and disbursement of funds as stated.
..-
PREPARED BY: Heidi Ashton-Cicko, Assistant County Attorney, Office of the County Attorney
Agenda item No. 16KS
April S, 200S
Page 2 of 5
IN THE CIRCUIT COURT OF THE TWENTIIIETH JUDICIAL CIR r;UIT
. IN AND FOR COLLIER COUNTY, FLORIDA COpy
CIRCUIT CIVIL DIVISION
COLLIER COUNTY, FLORIDA, a political
subdivision of the State of Flonda,
Petitioner,
Case No.: 07-4335-CA
v.
Parcel No.: 107 FEElTCE, l09FEE
MICHAEL L. MCENDREE, et al.
Respondents.
/
PRE-ORDER OF TAKING
MEDIATED SETTLEMENT AGREEMENT
At a Mediation Conference held on March ]4,2008, the parties reached the
following Settlement Agreement.
1. Petitioner will pay to Respondents, Michae] L. McEndree and Tammy
S. McEndree, the sum of $260,350.00 in full settlement of all claims for compensation
from Petitioner whatsoever, but excluding attorney's fees, experts' fees, and costs. Said
sum will be subject to claims for apportionment, if any.
2. Counsel for Petitioner and Respondents will jointly submit to the Court a
mutually approved Stipulated Final Judgment in this matter as soon as practical hereafter,
but not prior to review and approval of this Agreement by the Board of County
Commissioners of Collier County.
3. Petitioner will deposit into the Registry of the Court $260,350.00
within 20 days from the date of entry of the Order of Taking.
4. In addition to the $260,350.00 settlement amount, Petitioner will pay
74,000.00 in full satisfaction of all attorney's fees arising from any monetary and
nonmonetary benefits in this case, and in full satisfaction of a1] experts' costs in this case.
Agenda Item No. i6K8
I\pril 8, 2008
Page 3 of 5
,
5. This Agreement is conditioned upon final review and approval by the
Collier County Board of County Commissioners.
6. Attached hereto is an addendum to this Agreement.
Yes
x
No
This Agreemen dated March 14, 2008, contains all of the agreements of the parties.
!~
/1<evin en cks on behalf 0
y
Petitioner, Collier County
!Lei A- C{{O
Attorney for the Petitioner
Heidi Ashton-Cic , Esq.
~.~~"C~
Respondent, TarQny S. McEndree
~-9J-lQ~ ~'
Alto ey for Respon ents
Fred S. Werdine, Esq.
Mediator
William B. Smith, Esq.
Page 1 of 2
Agenda Item No. 16K8
April 8, 2008
Page 4 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K8
Meeting Date:
Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final
Judgment to be drafted incorporating the same terms and conditions as the Mediated
Settlement Agreement in the amount of $260,350.00 for the acquisition of Parcels 107FEE,
1 07TCE and 1 D9FEE in the Lawsuit styled Collier County, Florida v. Michael L McEndree, et
aI., Case No. 07 ~4335-CA (Santa Barbara Boulevard Extension Project #60091). (Fiscal
Impact: $74,000.00)
4/8/20089:0000 AM
Prepared By
Heidi F. Ashton
Assistant County Attorney
Date
County Attorney
County Attorney Office
3/26/20089:05:15 AM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
3/2612008 1 :06 PM
Approved By
Sharon Newman
Accounting Supervtsor
Date
Transportation Services
Transportation Services Admin
3/26/20083:28 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TEeM-ROW
3/26/20085:11 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
3/26/20085:14 PM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
3/27/20089:22 AM
Approved By
OMB Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
3/27/20082:23 PM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
3/28/200811:03 AM
Approved By
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4/2/2008
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,Il,genda Item No. 16K8
April 8, 2003
Page 5 of 5
leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
3/29/20084:55 PM
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