Agenda 03/08/2022 Item #16K 7 (Stipulated Final Judgement for 124FEE/124TDRE VBR Ext. Project)03/08/2022
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $635,000 plus
$93,078.38 in statutory attorney and experts’ fees and costs for the taking of Parcel
124FEE/124TDRE required for the Vanderbilt Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 124FEE/124TDRE 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 124FEE/124TDRE 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 northerly front boundary of the property
and is approximately 1.09 acres in extent. The parent tract is improved with a single-family home
(principal dwelling), guest house, and associated site improvements, owned by Brightsun Investments,
LLC and contains 2.82 acres of gross land area, which will be reduced to 1.73 acres after the acquisition.
The taking includes the entire single-family home. A temporary driveway restoration easement,
approximately .29 acres is also included in the take.
The remainder property improvements will consist of only the guest house, which will become the
principal dwelling. An aerial photograph of the subject property is attached. The County’s appraiser
estimated full compensation at $509,000 including severance damages. The property owner’s initial
demand was $769,100 excluding 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 $635,000 plus $82,229.40 in statutory attorney’s fees and $10,848.98 in expert
fees and costs, for a total of $728,078.38.
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 $486,700 for its deposit of the good faith
estimate of value. Funds for the balance of $241,548.38, 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 t he 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. P124FEE Joint Motion for Stipulated Final Judgment (PDF)
16.K.7
Packet Pg. 1185
03/08/2022
2. Aerial 124FEE TDRE (PDF)
16.K.7
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03/08/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.7
Doc ID: 21495
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$635,000 plus $93,078.38 in statutory attorney and experts’ fees and costs for the taking of Parcel
124FEE/124TDRE required for the Vanderbilt Beach Road Extension Project No. 60168.
Meeting Date: 03/08/2022
Prepared by:
Title: – County Attorney's Office
Name: Madison Bird
02/28/2022 10:13 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
02/28/2022 10:13 AM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 02/28/2022 12:54 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 03/01/2022 8:54 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 03/01/2022 10:28 AM
Growth Management Department Trinity Scott Transportation Completed 03/01/2022 10:54 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 03/01/2022 2:04 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/01/2022 2:06 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/01/2022 4:40 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 03/02/2022 10:01 AM
County Manager's Office Mark Isackson Level 4 County Manager Review Completed 03/02/2022 11:50 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 03/08/2022 9:00 AM
16.K.7
Packet Pg. 1187
[21-CA-1940/1700509/1]
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.: 21-CA-1940
v. Parcels: 124FEE/TDRE
BRIGHTSUN INVESTMENTS, LLC; FIRST NATIONAL
BANK OF SOUTH MIAMI; MATTHEW H. PARISH;
BREANNA L. PARISH; INTERCITY STATE BANK;
HPA BORROWER 2016 ML LLC; METROPOLITAN
LIFE INSURANCE COMPANY; UNKNOWN TENANT(S)
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 124FEE/TDRE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, BRIGHTSUN
INVESTMENTS, LLC, by and through undersigned counsel, hereby respectfully move this Court
for the entry of the foregoing Stipulated Final Judgment as to Parcel 124FEE/TDRE 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) 774-0225
COUNSEL FOR PETITIONER
Jennifer.Belpedio@colliercountyfl.gov
Sheri.Malcolm@colliercountyfl.gov
_ _________
EDGAR LOPEZ, ESQ.
Florida Bar No. 12917
Harris Harris Bauerle Lopez
1201 E Robinson St
Orlando, FL 32801
Telephone 407-843-0404
COUNSEL FOR RESPONDENT
edgar@hhbzlflorida.com
rebecca@hhbzlflorida.com
16.K.7.a
Packet Pg. 1188 Attachment: P124FEE Joint Motion for Stipulated Final Judgment (21495 : Approve a Stipulated Final Judgment for Parcel 124FEE/124TDRE)
[21-CA-1940/1700509/1]
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 March
2022.
By:________________________
JENNIFER A. BELPEDIO, ESQ.
16.K.7.a
Packet Pg. 1189 Attachment: P124FEE Joint Motion for Stipulated Final Judgment (21495 : Approve a Stipulated Final Judgment for Parcel 124FEE/124TDRE)
[21-CA-1940/1700509/1]
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.: 21-CA-1940
v. Parcels: 124FEE/TDRE
BRIGHTSUN INVESTMENTS, LLC; FIRST NATIONAL
BANK OF SOUTH MIAMI; MATTHEW H. PARISH;
BREANNA L. PARISH; INTERCITY STATE BANK;
HPA BORROWER 2016 ML LLC; METROPOLITAN
LIFE INSURANCE COMPANY; UNKNOWN TENANT(S)
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 124FEE/TDRE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, BRIGHTSUN INVESTMENTS, LLC, by and
through counsel, for the entry of a Stipulated Final Judgment as to Parcel 124FEE/TDRE 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, BRIGHTSUN INVESTMENTS, LLC, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Six Hundred Thirty-Five Thousand and
No/100 Dollars ($635,000.00) for Parcel 124FEE/TDRE, 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, BRIGHTSUN INVESTMENTS, LLC, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Eighty-Two Thousand Two Hundred
Twenty-Nine and 40/100 Dollars ($82,229.40), for all attorney fees and costs associated with
the acquisition of Parcel 124FEE/TDRE. Respondent reserves the right to claim additional
16.K.7.a
Packet Pg. 1190 Attachment: P124FEE Joint Motion for Stipulated Final Judgment (21495 : Approve a Stipulated Final Judgment for Parcel 124FEE/124TDRE)
[21-CA-1940/1700509/1]
attorney fees incurred as a result of apportionment or supplemental proceedings as authorized
pursuant to Section 73.091, Fla. Stat. and Section 73.092, Fla. Stat.
3. Respondent, BRIGHTSUN INVESTMENTS, LLC, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Ten Thousand Eight Hundred Forty-Eight
Dollars and 98/100 Dollars ($10,848.98), for all expert fees and costs associated with the
acquisition of Parcel 124FEE/TDRE, 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 Four Hundred Eighty-Six
Thousand Seven Hundred and No/100 Dollars ($486,700.00), as payment for the acquisition of
Parcel 124FEE/TDRE, 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-Three Thousand Seventy-Eight and
38/100 Dollars ($93,078.38), for attorney’s fees and costs, by issuing a check made payable to
Harris Harris Bauerle Ziegler Lopez, 1201 E. Robinson Street, Orlando, FL 32801.
6. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall deposit into the Court Registry the total sum of One Hundred Forty-
Eight Thousand Three Hundred and No/100 Dollars ($148,300.00), as payment for acquisition
of Parcel 124FEE/TDRE, subject to apportionment, if any.
7. This Order disposes of all claims arising out of the taking of Parcel 124FEE/TDRE
that have or could have been asserted in this cause.
8. A fee simple taking, being fully described in Composite Exhibit “A” attached
hereto and incorporated herein, which vested in Petitioner pursuant to the Stipulated Order of
Taking dated October 8, 2021, and the deposit of money heretofore made, is approved, ratified,
and confirmed.
16.K.7.a
Packet Pg. 1191 Attachment: P124FEE Joint Motion for Stipulated Final Judgment (21495 : Approve a Stipulated Final Judgment for Parcel 124FEE/124TDRE)
[21-CA-1940/1700509/1]
9. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
5988, Page 476 of the Public Records of Collier County, Florida be dismissed as to Parcel
124FEE/TDRE.
10. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
11. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
DONE AND ORDERED in Naples, Collier County, Florida, this _____ day of
___________, 2022.
HONORABLE LAUREN L. BRODIE
CIRCUIT COURT JUDGE
Cc: Colleen Greene, Esq.
Edgar Lopez, Esq.
Juan Rodriguez, Esq.
Composite Exhibit “A”
16.K.7.a
Packet Pg. 1192 Attachment: P124FEE Joint Motion for Stipulated Final Judgment (21495 : Approve a Stipulated Final Judgment for Parcel 124FEE/124TDRE)
[21-CA-1940/1700509/1]
16.K.7.a
Packet Pg. 1193 Attachment: P124FEE Joint Motion for Stipulated Final Judgment (21495 : Approve a Stipulated Final Judgment for Parcel 124FEE/124TDRE)
60168-124FEE/TDRE
/
PARCEL 124FEE
PARCEL 124TDRE
16.K.7.b
Packet Pg. 1194 Attachment: Aerial 124FEE TDRE (21495 : Approve a Stipulated Final Judgment for Parcel 124FEE/124TDRE)