Agenda 10/13/2020 Item #16K 3 (Stipulated Final Judgement Parcel 204DAME)10/13/2020
EXECUTIVE SUMMARY
Recommendation to approve a Joint Motion for Stipulated Final Judgment in the amount of
$11,500 for the acquisition of Parcel 204DAME, plus $12,321.72 for all statutory attorney’s fees,
expert fees, and costs, plus an amount not to exceed $1,800 for all supplemental attorney’s fees and
costs relating to the apportionment process, in the lawsuit styled Collier County, Florida v. John D.
Lawrence, et al., Case No. 11-3207-CA (Outfalls 3 and 4/LASIP Project #51101).
OBJECTIVE: That the Board approves a Joint Motion for Stipulated Final Judgment for full and final
compensation to be paid for the acquisition of Parcel 204DAME in the Lawsuit styled Collier County,
Florida v. John D. Lawrence, et al., Case No. 12-CA-1828 (Outfalls 3 and 4/LASIP Project #51101).
CONSIDERATIONS: The County acquired the subject property by entry of an Order of Taking on
March 3, 2012, and subsequently depositing the amount of $2,860.00 into the Court Registry. The taking
of Parcel 204DAME was acquired from Naples Gateway Estates, Inc. The County and Respondent
negotiated a settlement of $11,500.00 for full compensation including statutory interest, all claims related
to real estate and/or business damages. The parties agreed to the statutory attorney’s fees and expert fees
totaling $12,321.72 for supplemental proceedings not otherwise provided for pursuant to Section
73.092(2), Fla. Stat., and additional attorney’s and expert fees not to exceed $1,800.00 for costs relating
to the subsequent apportionment process. This is a 2011 case with a complicated history which required
additional attorney fees and costs on Respondents' behalf; issues included the named Respondent was a
dissolved corporation with no living corporate members and deceased heirs of previous members. It was
a complex process to find the party with legal interest to the property. The County Attorney's Office
negotiated Respondents' attorney fees and costs to be reasonable and consistent with attorneys fees and
costs used in standard County outside counsel agreements.
The County Attorney’s Office and Staff recommend approval of this Stipulated Final Judgment since a
better result is not anticipated at trial. Upon approval, the County Attorney’s Office will file the Joint
Motion and Stipulated Final Judgment with the Circuit Court.
FISCAL IMPACT: Funding for this joint motion in the amount of $22,761.72 is available, in project
number 51101, LASIP Stormwater Improvements within the Stormwater Capital Improvement Fund 325.
Source of funds is transfers from the General Fund (001) and Unincorporated Area General Fund (111).
There is no incremental maintenance cost associated with this action.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. - CMG
RECOMMENDATION: That the Board of County Commissioners approve the Joint Motion for
Stipulated Final Judgment and the expenditure and disbursement of funds as stated.
PREPARED BY: Colleen M. Greene, Assistant County Attorney
ATTACHMENT(S)
1. Joint Motion for Stipulated Final Judgment 204DAME (PDF)
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10/13/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3
Doc ID: 13777
Item Summary: Recommendation to approve a Joint Motion for Stipulated Final Judgment in the
amount of $11,500 for the acquisition of Parcel 204DAME, plus $12,321.72 for all statutory attorney’s
fees, expert fees, and costs, plus an amount not to exceed $1,800 for all supplemental attorney’s fees and
costs relating to the apportionment process, in the lawsuit styled Collier County, Florida v. John D.
Lawrence, et al., Case No. 11-3207-CA (Outfalls 3 and 4/LASIP Project #51101).
Meeting Date: 10/13/2020
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
10/02/2020 8:54 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
10/02/2020 8:54 AM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 10/02/2020 8:56 AM
Transportation Engineering Robert Bosch Additional Reviewer Completed 10/02/2020 9:52 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 10/02/2020 10:52 AM
Growth Management Department Gene Shue Additional Reviewer Completed 10/02/2020 5:16 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 10/05/2020 8:16 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 10/05/2020 9:07 AM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 10/05/2020 9:39 AM
Growth Management Department Jeanne Marcella Department Head Review Completed 10/06/2020 9:21 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 10/06/2020 3:42 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 10/06/2020 3:49 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 10/07/2020 7:53 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/07/2020 8:06 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/07/2020 11:29 AM
Board of County Commissioners MaryJo Brock Meeting Pending 10/13/2020 9:00 AM
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Packet Pg. 2390 Attachment: Joint Motion for Stipulated Final Judgment 204DAME (13777 : Recommendation to approve a Joint Motion for Stipulated Final
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Packet Pg. 2399 Attachment: Joint Motion for Stipulated Final Judgment 204DAME (13777 : Recommendation to approve a Joint Motion for Stipulated Final