Agenda 04/26/2022 Item #16K 8 (Settlement Agreement for 2 cases - Sanders)04/26/2022
EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agreement and Joint Motion for Stipulated
Final Judgment in the total amount of $290,636 as full settlement for two cases: Kirk Sanders v.
Collier County (Case No. 20-CA-1176), and Collier County v. Kirk Sanders, et. al. (Case No. 20-
CA-3450), for full compensation for Parcel 00291080004 including all statutory attorneys’ fees,
expert fees, and costs, and approve the associated Budget Amendments (Resource Recovery
Business Park, Project #59007). (Fiscal Impact: $155,636)
OBJECTIVE: That the Board approves a Mediated Settlement Agreement and Joint Motion for
Stipulated Final Judgment for full and final compensation to be paid for the acquisition of Parcel
00291080004FEE.
CONSIDERATIONS: On April 9, 2020, Mr. Sanders’ filed a Complaint (Case No. 20-CA-1176),
against Collier County in the 20th Circuit Court for inverse condemnation and a statutory easement by
necessity seeking access to a property that he had recently purchased and was landlocked by Collier
County’s proposed Resource Recovery Business Park.
On May 26, 2020, the Board approved Condemnation Resolution No. 2020-87, allowing the County to
acquire Mr. Sanders’ parcel (00291080004FEE) to optimize use of the County owned Resource Recovery
Business Park (RRBP). This parcel is necessary for development of the County’s Project, and the Court
granted the County’s request for an Order of Taking allowing the County to acquire the property. A legal
sketch of the subject parcel is attached.
On October 30, 2020, the County filed a Petition of Eminent Domain (Case No. 20-CA-3450), to acquire
the Parcel.
April 7, 2022, the Parties participated in Court-Ordered Mediation for both cases which resulted in a
proposed Mediated Settlement Agreement subject to Board approval. The resultant was a total settlement
of $290,636, and includes:
• A settlement of $223,456 for the Eminent Domain case (20-CA-3450), consisting of $179,500 for
the Parcel, plus $43,956 for statutory attorneys’ fees, expert fees and costs.
• A settlement of $67,180 for the access case (20-CA-1176), consisting of $26,925 for access, plus
$40,255 for statutory attorneys’ fees, expert fees, and costs.
Attached is a Mediated Settlement Agreement and Joint Motion for Stipulated Final Judgment
memorializing the terms of the settlement agreement. The County Attorney’s Office (CAO) and Public
Utilities Division recommend approval of this settlement since a better result is not expected at trial.
Upon approval, the CAO will file the attached Joint Motion with the Circuit Court and Mr. Sanders’
attorney will file a Notice of Dismissal with Prejudice for Case No. 20-CA-1176.
FISCAL IMPACT: The County is entitled to a credit of $135,000 deposited into the Court Registry at
the time of the Order of Taking as the good faith estimate of value. Funds for the balance of $155,636 are
available in the Solid Waste Capital Fund (474). Budget Amendments transferring $155,636 between
projects in the Solid Waste Capital Fund (474) will provide for the settlement to be paid from Resource
Recovery Business Park, Project #59007. Source of funds capital funding (474).
GROWTH MANAGEMENT IMPACT: None.
16.K.8
Packet Pg. 1614
04/26/2022
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 Mediated Settlement
Agreement and Joint Motion for Stipulated Final Judgment and associated Budget Amendments and
authorize the expenditure and disbursement of funds as stated.
PREPARED BY: Kari Hodgson, Director, Solid and Hazardous Waste Division,
Colleen M. Greene, Managing Assistant County Attorney
ATTACHMENT(S)
1. Sanders Settlement Agreement (PDF)
2. Joint Motion for Stipulated Final Judgment(1) (PDF)
3. Sanders - Legal Sketch (PDF)
16.K.8
Packet Pg. 1615
04/26/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.8
Doc ID: 21990
Item Summary: Recommendation to approve a Mediated Settlement Agreement and Joint Motion
for Stipulated Final Judgment in the total amount of $290,636 as full settlement for two cases: Kirk
Sanders v. Collier County (Case No. 20-CA-1176), and Collier County v. Kirk Sanders, et. al. (Case No.
20-CA-3450), for full compensation for Parcel 00291080004 including all statutory attorneys’ fees, expert
fees, and costs, and approve the associated Budget Amendments (Resource Recovery Business Park,
Project #59007). (Fiscal Impact: $155,636)
Meeting Date: 04/26/2022
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
04/18/2022 11:05 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
04/18/2022 11:05 AM
Approved By:
Review:
Solid and Hazardous Waste Kari Hodgson Additional Reviewer Completed 04/18/2022 5:41 PM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 04/19/2022 7:47 AM
Solid and Hazardous Waste Bart Zautcke Additional Reviewer Completed 04/19/2022 10:40 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 04/20/2022 10:43 AM
Office of Management and Budget Geoffrey Willig Level 3 OMB Gatekeeper Review Skipped 04/19/2022 3:39 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/20/2022 12:48 PM
County Manager's Office Mark Isackson Level 4 County Manager Review Completed 04/20/2022 12:54 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 04/26/2022 9:00 AM
16.K.8
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16.K.8.aPacket Pg. 1617Attachment: Sanders Settlement Agreement (21990 : Approval of settlement agreements in Kirk Sanders v. Collier County 20-CA-1176 and 20-
16.K.8.aPacket Pg. 1618Attachment: Sanders Settlement Agreement (21990 : Approval of settlement agreements in Kirk Sanders v. Collier County 20-CA-1176 and 20-
16.K.8.aPacket Pg. 1619Attachment: Sanders Settlement Agreement (21990 : Approval of settlement agreements in Kirk Sanders v. Collier County 20-CA-1176 and 20-
[2020-CA-3450/1712717/1]
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.: 2020-CA-3450
v. PARCEL 00291080004FEE
KIRK N. SANDERS; RAMON MERCADO PEREZ,
MEICY MORALES DE MERCADO, ELAINE
QUARTIN, AND EVELYN MERCADO, AS TRUSTEES
OF THE RAMON MERCADO PEREZ AND MEICY
MORALES DE MERCADO REVOCABLE TRUST
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 00291080004FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, KIRK N.
SANDERS, by and through undersigned counsel, hereby respectfully move this Court for the entry
of the foregoing Stipulated Final Judgment as to Parcel 00291080004FEE attached hereto as
Exhibit “1”.
___________________________
COLLEEN M. GREENE, ESQ.
Florida Bar No. 502650
Collier County Attorney’s Office
3299 E. Tamiami Tr., Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
COUNSEL FOR PETITIONER
Colleen.Greene@colliercountyfl.gov
Sheri.Malcolm@colliercountyfl.gov
/s/ SUMMER E. DEGEL
SUMMER E. DEGEL, ESQ.
Florida Bar No. 0106536
GRAYROBINSON, P.A.
Post Office Box 3068
Orlando, Florida 32802
407-843-8880
407-244-5690 fax
COUNSEL FOR RESPONDENT
summer.degel@gray-robinson.com
carol.ramirez@gray-robinson.com
16.K.8.b
Packet Pg. 1620 Attachment: Joint Motion for Stipulated Final Judgment(1) (21990 : Approval of settlement agreements in Kirk Sanders v. Collier County 20-CA-
[2020-CA-3450/1712717/1]
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 April
2022.
By: __________________________
COLLEEN M. GREENE, ESQ.
16.K.8.b
Packet Pg. 1621 Attachment: Joint Motion for Stipulated Final Judgment(1) (21990 : Approval of settlement agreements in Kirk Sanders v. Collier County 20-CA-
[2020-CA-3450/1712717/1]
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.: 2020-CA-3450
v. PARCEL 00291080004FEE
KIRK N. SANDERS; RAMON MERCADO PEREZ,
MEICY MORALES DE MERCADO, ELAINE
QUARTIN, AND EVELYN MERCADO, AS TRUSTEES
OF THE RAMON MERCADO PEREZ AND MEICY
MORALES DE MERCADO REVOCABLE TRUST
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 00291080004FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, KIRK N. SANDERS, by and through counsel,
for the entry of a Stipulated Final Judgment as to Parcel 00291080004FEE for Project 59007, 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, KIRK N. SANDERS, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of One Hundred Seventy-Nine Thousand Five Hundred
Dollars and No/100 ($179,500.00) for Parcel 00291080004FEE, as full payment for the property
interest taken, and in full settlement of all claims for compensation from Petitioner whatsoever,
including statutory interest, and all claims related to real estate, severance damages, and
apportionment, if any.
2. Respondent, KIRK N. SANDERS, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Thirty-Six Thousand Nine Hundred Sixty Dollars and
16.K.8.b
Packet Pg. 1622 Attachment: Joint Motion for Stipulated Final Judgment(1) (21990 : Approval of settlement agreements in Kirk Sanders v. Collier County 20-CA-
[2020-CA-3450/1712717/1]
No/100 ($36,960.00), for all attorney fees and costs associated with the acquisition of Parcel
00291080004FEE, and no other attorney’s fees or costs shall be paid in this matter.
3. Respondent, KIRK N. SANDERS, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Six Thousand Nine Hundred Ninety-Six Dollars and
No/100 ($6,996.00), for all expert fees and costs associated with the acquisition of Parcel
00291080004FEE, 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 One Hundred Thirty-Five
Thousand Dollars and No/100 ($135,000.00), as payment for the acquisition of Parcel
00291080004FEE, 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 Eighty-Eight Thousand Four Hundred Fifty-
Six Dollars and No/100 ($88,456.00), by issuing a check payable to GrayRobinson, P.A. Trust
Account, and mailing it to Summer DeGel, Esq., GrayRobinson, P.A., 301 E. Pine Street, Suite
1400, Orlando, FL 32801.
6. Within thirty (30) days from the entry of this Order, the Clerk of Courts shall
disburse from the Court Registry as follows:
a. The Clerk shall disburse the sum of $143.75 (based on a $1.15 per day for
125 days for Jan. 1, 2021, through May 6, 2021, the date of deposit,) to the Collier County
Tax Collector.
b. The Clerk shall disburse the remaining balance of $134,856.25 to
Respondent, KIRK N. SANDERS, by issuing a check payable to GrayRobinson, P.A. Trust
Account, and mailing it to Summer DeGel, Esq., GrayRobinson, P.A., 301 E. Pine Street,
Suite 1400, Orlando, FL 32801.
16.K.8.b
Packet Pg. 1623 Attachment: Joint Motion for Stipulated Final Judgment(1) (21990 : Approval of settlement agreements in Kirk Sanders v. Collier County 20-CA-
[2020-CA-3450/1712717/1]
7. This Order disposes of all claims arising out of the taking of Parcel
00291080004FEE that have or could have been asserted in this cause.
8. A fee simple taking, being fully described in Exhibit “A” attached hereto and
incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated April 23,
2021, and the deposit of money heretofore made, is approved, ratified, and confirmed.
9. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
5840, Page 90 of the Public Records of Collier County, Florida be dismissed as to Parcel
00291080004FEE.
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.
Exhibit “A”
LEGAL DESCRIPTION
Parcel 00291080004
16.K.8.b
Packet Pg. 1624 Attachment: Joint Motion for Stipulated Final Judgment(1) (21990 : Approval of settlement agreements in Kirk Sanders v. Collier County 20-CA-
5436B Report Property Information
Carroll & Carroll 31
16.K.8.c
Packet Pg. 1625 Attachment: Sanders - Legal Sketch (21990 : Approval of settlement agreements in Kirk Sanders v. Collier County 20-CA-1176 and 20-CA-3450)