Agenda 11/14/2017 Item #16K 211/14/2017
EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agreement in the amount of $56,650 for full
compensation and statutory attorney fees, expert fees and costs, plus up to $5,000 in supplemental
attorney fees, if any, for Parcel 146RDUE in the case styled Collier County v. Benjamin Sanchez, et
al., Case No. 15-CA-0249 required for improvements to Golden Gate Boulevard (Project No.
60040). [Fiscal Impact: $52,920]
OBJECTIVE: To settle full compensation owed for the taking of Parcel 146RDUE required for the road
widening of Golden Gate Boulevard from east of Wilson Blvd. to 4th Street East, Project No. 60040,
hereinafter referred to as the “Project.”
CONSIDERATIONS: On June 10, 2014, the Board approved Condemnation Resolution 2014-122 to
acquire the necessary property to construct the Project. Pursuant to the Order of Taking entered July 9,
2015, the County condemned Parcel 146RDUE and deposited a good faith estimate of value in the
amount of $8,900 into the Court Registry. Parcel 146RDUE is a road right-of-way, drainage, and utility
easement containing 3,000 square feet taken from property owned by Ana G. Patino which is improved
by a single-family residence. The property owner’s original offer was $71,460, exclusive of fees and
costs, due in large part from severance damages resulting from the home now abutting a 4 -lane divided
road versus the 2-lane road in the before condition. In addition, the claim provides for approximately
$15,000 for the replacement of a fence and gate within the taken property.
At mediation, the parties agreed to full compensation in the amount of $56,650, which includes the
property interest taken, statutory attorney fees, and expert fees and costs. Under Section 73.092, Florida
Statutes, a condemning authority is obligated to pay not only statutory attorney’s fees based on the benefit
they achieve for their client, but also hourly attorney’s fees for the time spent on apportionment hearings
after the money is deposited into the Court Registry. Those hearings subsequent to settlement with the
County are referred to as “supplemental proceedings.” In the instant case, opposing counsel expects to
have to attend and defend his client’s claim to the deposited funds against a lienholder in order to recover
the cost to replace the fence and gate. As a result, the terms of the settlement agreement also call for the
County to pay up to an additional $5,000 in supplemental attorney fees for supplemental proceedings, if
any.
The County Attorney’s Office (CAO) and Staff recommend approval of this settlement since a better
result is not expected at trial, and the cost to hire experts to dispute the homeowner’s severance damages
and cost to cure claims for trial will further increase the overall cost of the acquisition. Upo n approval,
the CAO will file a Stipulated Final Judgment with the Circuit Court incorporating the same terms and
conditions as the Mediated Settlement Agreement. A fee of $170 is required by the Clerk for the deposit
of funds into the Court Registry.
FISCAL IMPACT: Funds in the amount of $52,920, which includes a $170 clerk's deposit fee, will be
paid from gas taxes and/or impact fees from Golden Gate Blvd. 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: None.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. - ERP
RECOMMENDATION: Recommendation to approve a Mediated Settlement Agreement in the amount
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Packet Pg. 2000
11/14/2017
of $56,650 for full compensation and statutory attorney fees, expert fees and costs, plus up to $5,000 in
supplemental attorney fees, if any, for Parcel 146RDUE in the case styled Collier County v. Benjamin
Sanchez, et al., Case No. 15-CA-0249 required for improvements to Golden Gate Boulevard (Project No.
60040).
Prepared by: Emily R. Pepin, Assistant County Attorney
ATTACHMENT(S)
1. Aerial Photograph of Parcel 146RDUE (PDF)
2. Mediated Settlement Agreement -Patino parcel146 (PDF)
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11/14/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.2
Doc ID: 4004
Item Summary: Recommendation to approve a Mediated Settlement Agreement in the amount of
$56,650 for full compensation and statutory attorney fees, expert fees and costs, plus up to $5,000 in
supplemental attorney fees, if any, for Parcel 146RDUE in the case styled Collier County v. Benjamin
Sanchez, et al., Case No. 15-CA-0249 required for improvements to Golden Gate Boulevard (Project No.
60040). [Fiscal Impact: $52,920]
Meeting Date: 11/14/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
10/20/2017 3:19 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
10/20/2017 3:19 PM
Approved By:
Review:
Growth Management Department Lisa Taylor Additional Reviewer Completed 10/20/2017 3:22 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 10/23/2017 7:16 AM
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 10/23/2017 10:48 AM
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 10/23/2017 10:55 AM
Transportation Engineering Harry Henderson Additional Reviewer Completed 10/23/2017 11:16 AM
Growth Management Department Jeanne Marcella Department Head Review Completed 10/23/2017 11:20 AM
Growth Management Department James French Deputy Department Head Review Completed 10/25/2017 11:32 AM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 11/02/2017 2:49 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/02/2017 3:14 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/02/2017 3:58 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 11/03/2017 10:45 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 11/03/2017 11:46 AM
Board of County Commissioners MaryJo Brock Meeting Pending 11/14/2017 9:00 AM
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AERIAL PHOTO OF PARCEL 146RDUE
-
20'
NEW ROW
EXISTING ROW
16.K.2.a
Packet Pg. 2003 Attachment: Aerial Photograph of Parcel 146RDUE (4004 : Mediated Settlement Agreement - $56,650 - Parcel 146RDUE - Project No. 60040 -
IN THE TWENTIETH CIRCUIT
COURT OF FLORIDA IN AND
FOR THE COT]NTY OF COLLIER
COLLIER COUNTY, FLORIDA, A
Political subdivision of the State of Florida,
Petitioner,
-vs-
BENJAMIN SANCHEZ, et al.,
(Ana G Patino, Individually)
Respondents.
I
MEDIATED SETTLEMENT AGREEMENT
As a result of a Mediation Conference held on October 17,2017 the parties
reached the following Settlement Agreement contingent upon the approval ofthe Coliier
County Board of Commissioners:
I . Petitioner will pay to Respondent, Ana G. Patino the sum of $56,650 00 in
settlement of claims for compensation from Petitioner, including business damages,
attomey's fees based upon monetary benefit, experts' fees, and costs.
2. Upon submittal of invoices for supplemental attomey fees for
supplemental proceedings related to this matter, the County shall pay a maximum of
ss,000.00.
3. 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, bui not prior to the satisfaction ofall conditions contained herein.
4, Petitioner is entitled to a credit for its deposit in to the Court Registry in the
amount of $8,900.00.
5. Petitioner will pay Respondents the balance due of $ 47,750'00
within thirty (30) days of the actual date ofreceipt by the Petitioner's counsel ofa
conformed copy of the aforesaid Stipulated Final Judgment from the Court.
6. Attached hereto is an addendum to this Agreement'
CIVIL ACTION NO.: 2015-CA-249
PARCELNO.: 146 RDUE
Yes XNo
16.K.2.b
Packet Pg. 2004 Attachment: Mediated Settlement Agreement -Patino parcel146 (4004 : Mediated Settlement Agreement - $56,650 - Parcel 146RDUE - Project No.
7. This Agreement, dated October 17,2017, contains all ofthe agreements of
the oarties.
.ti | ,!fil|.*.a.-__ | . fteth--__
Petitioner, Collier Co. Harry Henderson
Attlm6y lor Responilent, Paul A. Blud
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Packet Pg. 2005 Attachment: Mediated Settlement Agreement -Patino parcel146 (4004 : Mediated Settlement Agreement - $56,650 - Parcel 146RDUE - Project No.