Agenda 01/11/2022 Item #16K 5 (Stipulated Final Judgement for the taking of parcels for the VBR Ext. Project)01/11/2022
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $156,000 plus $31,574
in statutory attorney and experts’ fees and costs for the taking of Parcel 218FEE required for the
Vanderbilt Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 218FEE required for the
construction of the Vanderbilt Beach Road Extension Project No. 60168.
CONSIDERATIONS: On September 22, 2020, the Board authorized, via Resolution No. 2020-175, the
condemnation of Parcel 218FEE for the construction of roadway, drainage and utility improvements
required for the expansion and extension of Vanderbilt Beach Road from Collier Boulevard to east of 16th
Street NE and Massey Street from Vanderbilt Beach Road to south of Mockingbird Drive. The fee simple
acquisition area consists of a strip taking along the rear, northerly boundary of the property and is
approximately 0.43 acres in extent. The parent tract is owned by Alamo Invest Properties, LLC and
contains 2.73 acres of gross land area, which will be reduced to 2.30 acres after the acquisition. An aerial
photograph of the subject property is attached. The County’s appraiser estimated full compensation at
$116,100 including severance damages. The property owner’s initial demand was $212,000 plus
attorney’s fees and expert fees and costs. The parties participated in mediation and reached an agreement.
The attached Stipulated Final Judgment reflects a negotiated compensation amount of $156,000 plus
$27,093 in statutory attorney’s fees and $4,481 in expert fees and costs, for a total of $187,574.
The Transportation Engineering Division recommends 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: The County is entitled to a credit of $89,700 for its deposit of the good faith
estimate of value. Funds for the balance of $98,044, which includes the Clerk’s $170.00 deposit fee, are
available in the Vanderbilt Beach Road Extension Project Capital Fund, Project 60168. The primary
funding source for the acquisition is impact fees. Should impact fees not be sufficient within the project,
the secondary funding source will be gas taxes.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for Board approval. - JAB
RECOMMENDATION: To approve the attached Joint Motion and Stipulated Final Judgment and
authorize the payment of funds as stated herein.
PREPARED BY: Robert Bosch, Manager, ROW Acquisition, Transportation Engineering Division
ATTACHMENT(S)
1. Executed P218FEE - Stip Final Judgment (PDF)
2. Aerial - Parcel 218FEE (PDF)
16.K.5
Packet Pg. 1261
01/11/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.5
Doc ID: 20930
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$156,000 plus $31,574 in statutory attorney and experts’ fees and costs for the taking of Parcel 218FEE
required for the Vanderbilt Beach Road Extension Project No. 60168.
Meeting Date: 01/11/2022
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Wanda Rodriguez
12/29/2021 9:49 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
12/29/2021 9:49 AM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 12/29/2021 10:01 AM
Transportation Engineering Michelle Sweet Additional Reviewer Completed 12/29/2021 10:08 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 12/29/2021 10:21 AM
Growth Management Department Trinity Scott Additional Reviewer Completed 01/04/2022 6:40 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 01/04/2022 12:29 PM
Capital Project Planning, Impact Fees, and Program Management Ian Barnwell Additional Reviewer Completed 01/04/2022 2:43 PM
County Attorney's Office Colleen Greene Additional Reviewer Completed 01/04/2022 2:59 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/04/2022 3:01 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 01/04/2022 3:08 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/05/2022 10:50 AM
County Manager's Office Mark Isackson Level 4 County Manager Review Completed 01/05/2022 11:53 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 01/11/2022 9:00 AM
16.K.5
Packet Pg. 1262
[20-CA-4066/1688881/1]
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, Case No.: 20-CA-4066
v. Parcels: 218FEE
ROBERT SPANO; DARLENE SPANO; SUNCOAST
CREDIT UNION; SENTINEL STORM PROTECTION;
GREG TARAS; JAMI PEARL TORRELLA; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC; BRIGHTSUN
INVESTMENTS, LLC; FIRST NATIONAL BANK OF SOUTH MIAMI;
ALAMO INVESTMENT PROPERTIES LLC
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 218FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, ALAMO
INVESTMENT PROPERTIES LLC, by and through undersigned counsel, hereby respectfully
move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel 218FEE
attached hereto as Exhibit “1”.
___________________________
JENNIFER A. BELPEDIO, ESQ.
Florida Bar No. 186030
Collier County Attorney’s Office
3299 East Tamiami Trail, Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
Facsimile: (239) 774-0225COUNSEL
FOR PETITIONER
Jennifer.Belpedio@colliercountyfl.gov
Sheri.Malcolm@colliercountyfl.gov
/s/ EDGAR LOPEZ
EDGAR LOPEZ, ESQ.
Florida Bar No. 12917
Harris Harris Bauerle
1201 E Robinson St
Orlando, FL 32801
Telephone 407-843-0404
COUNSEL FOR RESPONDENT
edgar@hhbzlflorida.com
16.K.5.a
Packet Pg. 1263 Attachment: Executed P218FEE - Stip Final Judgment (20930 : To approve a SFJ in the amount of $156,000 plus $31,574 in fees and costs for
[20-CA-4066/1688881/1]
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Entry of a
Stipulated Final Judgment was filed with the FL Courts E-Filing Portal on this ___ day of January
2022.
By:________________________
JENNIFER A. BELPEDIO, ESQ.
16.K.5.a
Packet Pg. 1264 Attachment: Executed P218FEE - Stip Final Judgment (20930 : To approve a SFJ in the amount of $156,000 plus $31,574 in fees and costs for
[20-CA-4066/1688881/1]
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, Case No.: 20-CA-4066
v. Parcels: 218FEE
ROBERT SPANO; DARLENE SPANO; SUNCOAST
CREDIT UNION; SENTINEL STORM PROTECTION;
GREG TARAS; JAMI PEARL TORRELLA; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC; BRIGHTSUN
INVESTMENTS, LLC; FIRST NATIONAL BANK OF SOUTH MIAMI;
ALAMO INVESTMENT PROPERTIES LLC
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 218FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, ALAMO INVESTMENT PROPERTIES
LLC, by and through counsel, for the entry of a Stipulated Final Judgment as to Parcel 218FEE
for Project 60168, and it appearing to this Court that proper notice was given to the parties having
any equity, lien, title, or other interest in or to the real property described therein, and the Court
being otherwise fully advised in the premises thereof, it is
ORDERED AND ADJUDGED that:
1. Respondent, ALAMO INVESTMENT PROPERTIES LLC, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of One Hundred Fifty-Six Thousand
and No/100 Dollars ($156,000.00) for Parcel 218FEE, as full payment for the property interest
taken, and any and all business damages, in connection with said parcel, subject to apportionment,
if any.
2. Respondent, ALAMO INVESTMENT PROPERTIES LLC, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Twenty-Seven Thousand Ninety-
Three and No/100 Dollars ($27,093.00), for all attorney fees and costs associated with the
acquisition of Parcel 218FEE.
16.K.5.a
Packet Pg. 1265 Attachment: Executed P218FEE - Stip Final Judgment (20930 : To approve a SFJ in the amount of $156,000 plus $31,574 in fees and costs for
[20-CA-4066/1688881/1]
3. Respondent, ALAMO INVESTMENT PROPERTIES LLC, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Four Thousand Four Hundred
Eighty-One Dollars and No/100 Dollars ($4,481.00), for all expert fees and costs associated with
the acquisition of Parcel 218FEE, and no other expert fees or costs shall be paid in this matter.
4. Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good
faith estimate of value previously deposited in the amount of Eighty-Nine Thousand Seven
Hundred and No/100 Dollars ($89,700.00), as payment for the acquisition of Parcel 218FEE, at
which time title to said parcel as described in Exhibit “A” vested in the name of Petitioner
COLLIER COUNTY, FLORIDA.
5. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay the total sum of Ninety-Seven Thousand Eight Hundred
Seventy-Four and No/100 Dollars ($97,874.00), as payment for the acquisition of Parcel
218FEE, by issuing a check made payable to Harris Harris Bauerle Ziegler Lopez, 1201 E.
Robinson Street, Orlando, FL 32801.
6. This Order disposes of all claims arising out of the taking of Parcel 218FEE that
have or could have been asserted in this cause.
7. A fee simple taking, being fully described in Exhibit “A” attached hereto and
incorporated herein, which vested in Petitioner pursuant to the Stipulated Order of Taking dated
June 17, 2021, and the deposit of money heretofore made, is approved, ratified, and confirmed.
8. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
5868, Page 1162 of the Public Records of Collier County, Florida be dismissed as to Parcel
218FEE.
9. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
16.K.5.a
Packet Pg. 1266 Attachment: Executed P218FEE - Stip Final Judgment (20930 : To approve a SFJ in the amount of $156,000 plus $31,574 in fees and costs for
[20-CA-4066/1688881/1]
10. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
Exhibit “A”
16.K.5.a
Packet Pg. 1267 Attachment: Executed P218FEE - Stip Final Judgment (20930 : To approve a SFJ in the amount of $156,000 plus $31,574 in fees and costs for
AERIAL – PARCEL 218FEE
(Vanderbilt Beach Rd. Ext. Project No. 60168)
PARCEL 218FEE
/
16.K.5.b
Packet Pg. 1268 Attachment: Aerial - Parcel 218FEE (20930 : To approve a SFJ in the amount of $156,000 plus $31,574 in fees and costs for Parcel 218FEE)