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Agenda 02/28/2017 Item #16K1102/28/2017 EXECUTIVE SUMMARY Recommendation to accept a Mediated Settlement Agreement and approve a proposed Stipulated Final Judgment for the taking of Parcel 222RDUE in the pending case styled Collier County v. Estilita Rodriguez, et al, Case No. 15-CA-333, required for the Golden Gate Blvd. Project No. 60040 (8th Street East to west of 16th Street East). (Fiscal Impact: $42,072.50) OBJECTIVE: To accept a Mediated Settlement Agreement and approve a proposed Stipulated Final Judgment for the taking of Parcel 222RDUE required for the Golden Gate Blvd. Project No. 60040 (8th Street East to west of 16th Street East). CONSIDERATIONS: On June 10, 2014, the Board authorized the condemnation of Parcel 222RDUE in order to construct roadway, drainage and utility improvements required for the expansion of Golden Gate Blvd. from 8th Street East to west of 16th Street East. On July 30, 2015, the Court entered a Stipulated Order of Taking for the required property and the County subsequently deposited a good faith estimate of value in the amount of $9,000 into the Court Registry. The right-of-way roadway, drainage and utility easement, approximately 7,740 square feet in size, was taken from property owned by Robert L. Kirkland, Jr., Marguerite Kirkland, and Rockn -Lazy-B-Ranch. An aerial photograph of the subject property is attached to this item for reference. At the Court Ordered Mediation, the owners, through their representatives and counsel, presented their demand for damages for land, improvements, severance damages and costs-to-cure in the total amount of $74,500. The County countered with its own expert reports and staff experience. The County Attorney’s Office and Transportation staff recommends the Board accept the attached Mediated Settlement Agreement and approve the attached proposed Stipulated Final Judgment since a better result is not anticipated at trial. If this item is accepted and approved, the County will be obligated to pay an additional $41,902.50 over the amount already deposited, plus $170 to deposit into the Court Registry. This amount includes all damages, attorneys’ fees, and costs. Upon approval, the County Attorney’s Office will file the Joint Motion with the Circuit Court. FISCAL IMPACT: Funds in the amount of $42,072.50 are available in the Golden Gate Blvd. Transportation Capital Improvement Project No. 60040. The primary funding source for the acquisition of right-of-way is impact fees. Should impact fees not be sufficient within a particular project, the secondary funding source will be gas taxes. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. - JAB RECOMMENDATION: To accept a Mediated Settlement Agreement and approve a proposed Stipulated Final Judgment in the pending case styled Collier County v. Estilita Rodriguez, et al, Case No. 15-CA-333, for the taking of Parcel 222RDUE required for the Golden Gate Blvd. Proj ect No. 60040 (8th Street East to west of 16th Street East). Prepared by: Jennifer A. Belpedio, Assistant County Attorney 16.K.11 Packet Pg. 1537 02/28/2017 ATTACHMENT(S) 1. Mediated Settlement Agreement parcel 222RDUE (PDF) 2. Aerial Photograph of Parcel 222RDUE (PDF) 3. Proposed Stipulated Final Judgment parcel 222RDUE (PDF) 16.K.11 Packet Pg. 1538 02/28/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.11 Doc ID: 2773 Item Summary: Recommendation to accept a Mediated Settlement Agreement and approve a proposed Stipulated Final Judgment for the taking of Parcel 222RDUE in the pending case styled Collier County v. Estilita Rodriguez, et al, Case No. 15-CA-333, required for the Golden Gate Blvd. Project No. 60040 (8th Street East to west of 16th Street East). (Fiscal Impact: $42,072.50) Meeting Date: 02/28/2017 Prepared by: Title: Legal Office Administrator – County Attorney's Office Name: Debbie Allen 02/17/2017 12:09 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 02/17/2017 12:09 PM Approved By: Review: Growth Management Department Diane Lynch Level 1 Division Reviewer Completed 02/17/2017 12:11 PM Growth Management Department Gene Shue Additional Reviewer Completed 02/17/2017 1:33 PM Capital Project Planning, Impact Fees, and Program Management Rookmin Nauth Additional Reviewer Completed 02/17/2017 3:07 PM Transportation Engineering Jay Ahmad Additional Reviewer Completed 02/21/2017 7:43 AM Transportation Engineering Diane Lynch Additional Reviewer Skipped 02/21/2017 10:18 AM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 02/21/2017 10:20 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 02/21/2017 12:12 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/21/2017 1:16 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 02/21/2017 3:05 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/21/2017 3:29 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/21/2017 4:47 PM Board of County Commissioners MaryJo Brock Meeting Pending 02/28/2017 9:00 AM 16.K.11 Packet Pg. 1539 COLLIER COI.INTY, FLORIDA, A Political subdivision of the State of Florida, Petitioner, -vs- IN THE TWENTIETH CIRCUIT COURT OF FLORIDA IN AND FOR THE COUNTY OF COLLIER CIVIL ACTION NO.: 2015-CA-333 PARCEL No.: I,Z2 KD') U ESTILITA RODRIGUEZ, ROBERT L. KIRKLAND, JR., MARGUERITE KIRKLAND. ROCKN -L AZY -B RANCH. Respondents. MEDIATED SETTLEMENT AGREEMENT As a result of a Mediation Conference held on February 13,2017 the parties reached the following Settlement Agreement contingent upon the approval of the Collier County Board of Commissioners: 1. Petitioner will pay to Respondents, ROBERT L. KIRKLAND, JR., MARGUERITE KIRKLAND, ROCKN-LAZY-B RANCH the sum of $ 3Z Z5D, F in full settlement of all claims for compensation from Pdtitioner whatsoever, including business damages, but excluding attorney's fees, experts' fees, and costs. 2.:r,i111'r:.,1,':'_f ?'8lyrt"3ry**r:l:T:d::t_tg:tll:l'il:Agreement, Petitioner will pay $ ?, 65 2 i in total attorney's fees and attorney and supplemental proceedings, if any. 3. In addition to the settlement amount referenced in Paragraph I of this Agreement, Petitioner will pay $ 1, ttt?,' in total experts' fees and costs in this case. 4. Counsel for Petitioner and Respondents will jointly submit to the Court for signature a mutually approved Stipulated Final Judgment in this matter as soon as practical hereafter, but not prior to the satisfaction of all conditions contained herein.. 5, ps1,*,0,,<< ^; > en* ,tlQ -l+ a eaef 'l 4a1 le ^G:,1 1''++ A.rr";rl ;^ *r€ Cou"i ia');>tul i^ t{< &vt\o'r^t c+ 41' ffi'^''-'i. ' ' p.tition"r will pay Respondents the balance due otS 4t .? OZ? 16.K.11.a Packet Pg. 1540 Attachment: Mediated Settlement Agreement parcel 222RDUE (2773 : Mediated Settlement Agreement-Estilita Rodriguez-15-CA-333-project within thirty (30) days of the actual date of receipt by the Petitioner's counsel of a conformed copy of the aforesaid Stipulated Final Judgment from the Court. 1 Attached hereto is an addendum to this Agreement. Yes /*o This Agreement, dated February 13,2017, contains all of the agreements of the parties. rney for Respondent, 16.K.11.a Packet Pg. 1541 Attachment: Mediated Settlement Agreement parcel 222RDUE (2773 : Mediated Settlement Agreement-Estilita Rodriguez-15-CA-333-project BEFORE: AFTER: EASTBOUND LANES WESTBOUND LANES MEDIAN - HORSE PEN OLD ROW LINE NEW ROW LINE 16.K.11.b Packet Pg. 1542 Attachment: Aerial Photograph of Parcel 222RDUE (2773 : Mediated Settlement Agreement-Estilita IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY. FLORIDA CIVI ACTION COLLIER COLINTY, FLORIDA, a political subdivision of the State of Florida. Petitioner, ESTILITA RODRIGUEZ, et al Respondents Case No.: 15-CA-333 PARCEL: 222RDUE PETITIONER AND RESPONDENTS" ROBERT L. KIRKLAND, JR., MARGUERITE KIRKLAND, and ROCKN-LAZY-B-RANCH' JOINT MOTION FOR STIPULATED FINAL JUDGMENT AS TO PARCEL 222RDUE COMES NOW, Petitioner COLLIER COLTNTY, and Respondents, ROBERT L. KIRKLAND, JR., MARGUERITE KIRKLAND, and ROCKN-LAZY-B-RANCH by and through the undersigned counsel, and respectfully moves this Honorable Court for the entry of the proposed Stipulated Final Judgment, attached hereto as Exhibit 001". JENNIFER A. BELPEDIO, ESQ. Florida Bar No. 186030 Collier County Attorney's Office 3299E. Tamiami Trail, Suite 800 Naples, FL 34112 Telephone: (239) 252-8400 COUNSEL FOR PETITIONER j enniferbelpedio@co lliergov.net colleengreene@colliergo v.net sherimalcolm@colliergov.net ANDREW G. DIAZ, ESQ. Florida Bar No. 974196 Gaylord Merlin Ludovici &Diaz 5001 West Cypress St Tampa, FL 33607 Telephone: (81 3) 221 -9000 COI-INSEL FOR RESPONDENTS adiaz@ gaylordmerlin. com ckearney@ gaylordmerlin. com 16.K.11.c Packet Pg. 1543 Attachment: Proposed Stipulated Final Judgment parcel 222RDUE (2773 : Mediated Settlement Agreement-Estilita Rodriguez-15-CA-333-project IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVI ACTION COLLIER COLTNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, v. ESTILITA RODRIGUEZ, et al Respondents Case No.: l5-CA-333 PARCEL: 222RDUE STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through its counsel, and Respondents, ROBERT L. KIRKLAND, JR., MARGUERITE KIRKLAND, and ROCKN-LAZY-B-RANCH, by and through their counsel, for entry of a Stipulated Final Judgment as to Parcel 222RDUE for Project No. 60040, and it appearing to the Court that the parties are authorizedto make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due said Respondent, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADruDGED that Respondents, ROBERT L. KIRKLAND, JR., MARGUERITE KIRKLAND, and ROCKN-LAZY-B-RANCH, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Thirty Seven Thousand Two Hundred Fifty Dollars and No/100 Dollars ($37,250.00) for Parcel 222RDIJE, as full payment for the property interest taken and for damages resulting to the remainder, if less than the entire property was taken, and for all other damages and statutory interest; it is fuither 16.K.11.c Packet Pg. 1544 Attachment: Proposed Stipulated Final Judgment parcel 222RDUE (2773 : Mediated Settlement Agreement-Estilita Rodriguez-15-CA-333-project ORDERED that Petitioner, COLLIER COLINTY, FLORIDA, is entitled to a credit for the good faith estimate of value previously deposited in the amount of Nine Thousand and No/100 Dollars ($9,000.00), as payment for acquisition of Parcel 222RDIJE, at which time title to said parcel as described in Exhibit "A" vested in the name of the Petitioner; it is further ORDERED that Petitioner, COLLIER COUNTY, FLOzuDA, shall pay Nine Thousand Six Hundred Fifty Two and 50/100 Dollars ($9,652.50) to Respondents for all attomeys' fees and costs, and no other attorneys' fees or costs shall be awarded in this case; it is further ORDERED that Petitioner, COLLIER COIJNTY, FLORIDA, shall pay Four Thousand and No/100 Dollars (S4,000.00) to Respondents for all experts' fees and costs, and no other experts' fees or costs shall be awarded in this case; it is further ORDERED that within thirty (30) days hereof, Petitioner shall deposit into the Court Registry the total sum of Forfy One Thousand Nine Hundred Two and 50/100 Dollars ($41'902.50), in additional funds over the amount previously deposited into the Court Registry; it is further ORDERED that the Clerk shall immediately disburse from the Court Registry the amount of Forty-One Thousand Nine Hundred Two and 50/100 Dollars ($41,902.50), to the Trust Account of Gaylord Merlin Ludovici & Diaz, Attn: Andrew G. Diaz, Esquire, Gaylord Merlin Ludovici & Diaz, 5001 West Cypress Street, Tampa, Florida 33607 as attorney for Respondents, ROBERT L. KIRKLAND, JR., MARGUERITE KIRLAND, and RICK-N-LAZY-B-RANCH; it is further ORDERED that upon receipt of said funds it shall be the responsibility of Gaylord Merlin Ludovici &Diaz to place said funds in an interest-bearing escrow account for the benefit of any party claiming an interest in these monies, and said funds shall be disbursed only upon written agreement of all parties having an interest in Parcel 222 or until further Order of this Court, whichever occurs first; it is further 16.K.11.c Packet Pg. 1545 Attachment: Proposed Stipulated Final Judgment parcel 222RDUE (2773 : Mediated Settlement Agreement-Estilita Rodriguez-15-CA-333-project ORDERED that upon receipt of said funds as set out hereinabove, all of Petitioner's good faith estimate of value paid to Gaylord Merlin Ludovici &Diaz, shall be placed in an interest bearing escrow account, where it shall remain pending written agreement of all parties having an interest in Parcel 222 or until further Order of this Court, whichever occurs first; it is further ORDERED that this Order disposes of all claims arising out of the taking of Parcel 222RDUE and that have or could have been asserted in this cause; it is further ORDERED that the right-of-way roadway drainage and utility easement interest to Parcel 222RDUE, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated July 30, 2015, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED AND ADruDGED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 5123, Page 1436 of the Public Records of Collier County, Florida be dismissed as to Parcel 222RDUE; it is further ORDERED that the Court reserves jurisdiction to enforce the terms of this Stipulated Final Judgment; it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is further DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this _ day of Februarv.2017. THE HONORABLE LAUREN L. BRODIE Circuit Court Judse 16.K.11.c Packet Pg. 1546 Attachment: Proposed Stipulated Final Judgment parcel 222RDUE (2773 : Mediated Settlement Agreement-Estilita Rodriguez-15-CA-333-project Conformed Copies to: Jennifer A. Belpedio, Esq., Counsel for Petitioner, jenniferbelpedio@.colliersov.net; sherimalcolm@ colliersov.net Andrew Diaz, Esq., Counsel for Respondents, adiaz@.gaylordmerlin.com ; ckearney@ eaylordmerlin. com Joshua C. Kligler, Esq., counsel for Bank of America, N.A.; and Mortgage Elecfronic Registration Systems, Inc.; ikligler@flwler-white.com asum@fowler-white.com; kjadusineh@.fowler- white.com 16.K.11.c Packet Pg. 1547 Attachment: Proposed Stipulated Final Judgment parcel 222RDUE (2773 : Mediated Settlement Agreement-Estilita Rodriguez-15-CA-333-project *"i lTfur'Ev^RDti,?3[ IRACT 59 ROCKN -ttZY-8-RANCH oR 2006,/586 SO. FT, SQIJARE FEET oR oFFtct/{- REcoRos (800(,/pAcE) Frcl pRoposED RoADwAy, DRATNAcE ArtrD unuTy EAsEHENT (RDUE) 1777 E!t_Sn!_c _ltg1q!r4y ErsErEr,tr DED|CATED To rHE pERpEruAL TECM. K'W FB0tAilr LEGAL DE:'CRIPIK)N FOR PARCEL XI2 RU)E A-I9!JI-ON.-OF TR^CT 94. GOTI)€N-GATE ESTATES. UN]I 4E AS RECOROED IN PI.AT BOOX 3, PAGE 7E OF THE PUBUCREcoRDs oF coLLlER couNrY, FLORIDA uvrrc tr.i seclroN z, rowxsnrp +i so-uixl-nlice 27 E sT, coLLtERCOUNW. FLORIOA, ENNC MORE P^RNCULARLY OESCNTACD AS FOLIOIVS. THE SOUDI 4J FEET OF II{E NORDT 9J FEEI OF THE WEST I8O FEET OF S^IO TRACT 94. CONTAININC 7,7+O SQUARE FEEI. MORE OR LESS. SKETCH & DESCRIPTION ONLY NOT A BOUNOARY SURVTY a t*rat FG COUJER coUilW GOVERNUAiI EOM OF @IJI{TY COMMISSIOiIERS rot q.a tDSn fit ^RmaE IE tClll: l'-t0' gC COT,DEN GATI AOI'ISVIND SXlf,CIt & DEScmPnON oF: PRopOSED BoADf, y lAlrilEru PARCIL 2AI BDT'E COI.LIEB COUXTY, FIORIDT alotk?-tDh,tlA ltffirarc th Fat tt{rt r^r ''/lutrn EXHIBIT 16.K.11.c Packet Pg. 1548 Attachment: Proposed Stipulated Final Judgment parcel 222RDUE (2773 : Mediated Settlement Agreement-Estilita Rodriguez-15-CA-333-project