Agenda 09/26/2017 Item #16K 709/26/2017
EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agreement for the total amount of $27,446.79
for the taking of Parcel 253RDUE in the case styled Collier County v. Pedro Pena, et al., Case No.
15-CA-350, required for the widening of Golden Gate Boulevard, Project No. 60040. (Fiscal
Impact: $25,959.79).
OBJECTIVE: To settle full compensation due the property owners for the taking of Parcel 253RDUE
required for the 4-laning of Golden Gate Boulevard, Project No. 60040, (Project).
CONSIDERATIONS: On June 10, 2014, the Board of County Commissioner's (Board) authorized the
condemnation of Parcel 253RDUE via a Condemnation Resolution to construct the Project. On July 9,
2015, the Court granted an Order of Taking in favor of the County and title to Parcel 253RDUE
transferred to the County upon the deposit of the County’s good faith estimate of value of $1,487 into the
Court Registry. Parcel 253RDUE is a 1,500 square foot right -of-way, drainage and utility easement taken
from frontage of property owned by Earl Servant, Jr. An aerial of the subject property is attached.
Mr. Servant’s original claim, based on his appraiser’s report, was $59,000, stating that the value of the
remainder site would be diminished by the loss of a portion of the landscape buffer, and a “change in
location” from being located on a 42-lane rural roadway, to being located on a 4-lane divided highway in
the after-condition.
On August 14, 2017, the parties participated in a mediation and agreed to settle full compensation for the
property taken, all improvements, and damages in the amount of $18,750. The County is also obligated
to pay $5,696.79 in statutory attorney’s fees and $3,000 in negotiated expert’s costs.
If this item is approved, the County will be required to pay $25,959.79 over the amount previously
deposited into the Court Registry.
The County Attorney’s Office and Transportation staff recommend approval of this Mediated Settlement
Agreement since a better result is not anticipated at trial. Once app roved, the County Attorney’s Office
will file a Stipulated Final Judgment with the Circuit Court incorporating the same terms and conditions
as the Mediated Settlement Agreement.
FISCAL IMPACT: Funds in the amount of $25,959.79 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 the Project, the secondary
funding source will be gas taxes.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
item.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. - ERP
RECOMMENDATION: To approve a Mediated Settlement Agreement for the total amount of
$27,446.79 for the taking of Parcel 253RDUE in the case styled Collier County v. Pedro Pena, et al.
Case No. 15-CA-350, required for the widening of Golden Gate Boulevard, Project No. 60040.
Prepared by: Emily R. Pepin, Assistant County Attorney
16.K.7
Packet Pg. 3153
09/26/2017
ATTACHMENT(S)
1. Mediated Settlement Agreement - Parcel 253RDUE (PDF)
2. Aerial photograph of Parcel 253RDUE (PDF)
16.K.7
Packet Pg. 3154
09/26/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.7
Doc ID: 3634
Item Summary: Recommendation to approve a Mediated Settlement Agreement for the total
amount of $27,446.79 for the taking of Parcel 253RDUE in the case styled Collier County v. Pedro Pena,
et al., Case No. 15-CA-350, required for the widening of Golden Gate Boulevard, Project No. 60040.
(Fiscal Impact: $25,959.79).
Meeting Date: 09/26/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
08/15/2017 3:58 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
08/15/2017 3:58 PM
Approved By:
Review:
Growth Management Department James French Additional Reviewer Skipped 08/15/2017 6:03 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 08/16/2017 7:32 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 08/16/2017 7:55 AM
Growth Management Department Diane Lynch Level 1 Reviewer Completed 08/16/2017 8:38 AM
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 08/16/2017 9:01 AM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 08/16/2017 9:44 AM
Growth Management Department Diane Lynch Department Head Review Skipped 08/16/2017 12:22 PM
Growth Management Department James French Deputy Department Head Review Completed 08/16/2017 10:20 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/17/2017 8:39 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/18/2017 8:36 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 08/21/2017 12:01 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/23/2017 3:51 PM
Board of County Commissioners Michael Cox Meeting Completed 09/12/2017 9:00 AM
16.K.7
Packet Pg. 3155
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COLTNTY, FLORIDA, a political
subdivision of the State of Florida,
Petitioner,
V.
Case No.: 15-CA-350
PARCEL: 253RDUE
PEDRO PENA, ET AL.,
Respondents,
Mediated Settlement Agreement dated August 14,2017
It is agreed by and between the undersigned as follows:
1. Settlement Amount: Collier County (COUNTY) shall pay the total sum of
$ 18,750 to Defendant Earl Servant, Jr.(SERVANT) for the taking of parcel
2S3RDUE subject to the interests of all other named parties. This payment is for
full and final settlement of all outstanding claims'
2. COUNTY shall additionally pay the sum of $ 5,696.79 as and for attorney fees of
SERVANT.
3. COUNTY shall additionally pay $3,000 to Calhoun, Collister & Parham, for
appraisal fees, as and for expert witness fees and costs of SERVANT.
4. payment shall be made within 30 days of the County's receipt of a final
judgment, with the County being given credit for all sums previously deposited in
the Court Registry.
S. This agreement is subject to entry of the finaljudgment, which judgment shall
provide that the compensation in paragraph numbered 1 shall be full and final
compensation for the taking, and shall be subject to apportionment. The
judgment shall provide that the settlement amount of $18,750 shall be disbursed
to the Trust Account of Gaylord Merlin Ludovici & Diaz, to be released only upon
written agreement of all parties having an interest in Parcel 253RDUE, or until
further Order of the Court. The judgment will provide that the funds payable for
attorney fees and expert witness fees and costs will be disbursed to the attorneys
and expert witnesses, directlY.
6. The settlement set forth in this agreement is subject to, and contingent upon, the
approval of the Board of County Commissioners of Collier County. The Office of
16.K.7.a
Packet Pg. 3156 Attachment: Mediated Settlement Agreement - Parcel 253RDUE (3634 : Mediated Settlement Agreement - $27,446.79 - Parcel 253RDUE - project
the County Attorney will recommend to the Board of County Commissioners that
this settlement be approved.
This is a mediated settlement agreement between the parties and shall not be
used in evidence by any party for any purpose, except to enforce the terms
thereof.
This agreement sets forth the entire understanding of the parties and no verbal or
written warranties or representations have been made or have been relied upon
which do not appear in writing within this Agreement.
The mediator has provided the initial draft of this agreement to the parties and
their counsel as a draft for their consideration. The parties acknowledge the
mediator has not provided any legal advice, either during the course of the
mediation, or in connection with the negotiations and preparation of this
agreement. The parties and their counsel have been free to add to, delete from,
and to othenruise change the initial draft as they have seen fit. This agreement
represents the memorialization of their intent.
lN WITNESS WHEREOF, the parties have executed this Agreement on the date first
stated above,
iew Q. Diaz ily R.n,'Esq
Attomey for Servant, Jr.Attorney etitioner
7.
8.
9.
16.K.7.a
Packet Pg. 3157 Attachment: Mediated Settlement Agreement - Parcel 253RDUE (3634 : Mediated Settlement Agreement - $27,446.79 - Parcel 253RDUE - project
AERIAL PHOTO SHOWING THE TAKING OF PARCEL 253RDUE
SUBJECT
PROPERTY
PART
TAKE
N
16.K.7.b
Packet Pg. 3158 Attachment: Aerial photograph of Parcel 253RDUE (3634 : Mediated Settlement Agreement - $27,446.79 - Parcel 253RDUE - project 60040)