Agenda 12/12/2017 Item #16K 112/12/2017
EXECUTIVE SUMMARY
Recommendation to approved a Mediated Settlement Agreement for the total amount of $96,000.35
for the taking of Parcel 228RDUE in the pending case styled Collier County v. Baby Brothers
Enterprises, et al, Case No. 15-CA-298, required for the Golden Gate Boulevard Project, Project No.
60040 (From 12th Street East to west of 16th Street East). (Fiscal Impact: $55,170.35)
OBJECTIVE: To settle full compensation owed for the taking of Parcel 228RDUE required for
improvements to Golden Gate Boulevard, Project No. 60040.
CONSIDERATIONS: On June 10, 2014, the Board authorized, via Resolution No. 2014-125, the
condemnation of Parcel 228RDUE to construct roadway, drainage and utility improvements required for
the widening of Golden Gate Boulevard in the section of road from 12th Street East to west of 16th Street
East. On July 9, 2015, the Court entered an Order of Taking for the required property, and the County
subsequently deposited a good faith estimate of value of $41,000 into the Court Registry. The roadway,
drainage and utility easement, approximately 7,269 square feet in size, was taken from the northerly
portion of property owned by Cynthia A. Young. The parent tract contains a single -family residence, and
site improvements including a gravel driveway, landscaping, sod, fill and grading. An aerial photograph
of the subject property is attached to this item for reference.
At Mediation, the property owner, through counsel, presented her claim of compensation in the amount of
$103,900 (Land and improvements taken - $13,400; Damages - $90,500), plus expert fees, attorney fees,
and costs. At mediation, the parties agreed to a settlement of $72,000 for the property taken, all damages,
any improvements, and the cost-to cure. The statutory attorney’s fee is $12,375, and the total expert fees
and costs are $11,625.35, bringing the total settlement figure to $96,000.35. The County Attorney’s
Office and Transportation staff recommend the Board approve the Mediated Settlement Agreement since
a better result is not anticipated at trial. If this item is approved, the County will be obligated to pay an
additional $55,000.35 over the amount already deposited into the Court Registry. The County is required
to pay an additional cost of $170 for the Clerk’s fee to deposit into the Court Registry.
Upon approval, the County Attorney’s Office will file a Joint Motion with the Circuit Court incorporating
the same terms as the attached Mediated Settlement Agreement.
FISCAL IMPACT: Funds in the amount of $55,170.35 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 s econdary
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: To approve a Mediated Settlement Agreement for the total amount of
$96,000.35 for the taking of Parcel 228RDUE in the pending case styled Collier County v. Baby Brothers
Enterprises, et al, Case No. 15-CA-298, required for the Golden Gate Boulevard Project, Project No.
60040 (12th Street East to west of 16th Street East).
Prepared by: Emily R. Pepin, Assistant County Attorney
12/12/2017
ATTACHMENT(S)
1. Mediated Settlement Agreement - Parcel 228RDUE (PDF)
2. Aerial Photo Showing Pracel 228RDUE (PDF)
12/12/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1
Doc ID: 4210
Item Summary: Recommendation to approved a Mediated Settlement Agreement for the total
amount of $96,000.35 for the taking of Parcel 228RDUE in the pending case styled Collier County v.
Baby Brothers Enterprises, et al, Case No. 15-CA-298, required for the Golden Gate Boulevard Project,
Project No. 60040 (From 12th Street East to west of 16th Street East). (Fiscal Impact: $55,170.35)
Meeting Date: 12/12/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
11/14/2017 10:11 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
11/14/2017 10:11 AM
Approved By:
Review:
Growth Management Department Lisa Taylor Additional Reviewer Completed 11/14/2017 10:15 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 11/14/2017 10:17 AM
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 11/14/2017 11:36 AM
Growth Management Department Diane Lynch Level 1 Reviewer Completed 11/14/2017 1:19 PM
Growth Management Department James French Deputy Department Head Review Completed 11/14/2017 4:08 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 11/17/2017 1:33 PM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 11/20/2017 1:52 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/20/2017 2:45 PM
County Attorney's Office Scott Teach Level 3 County Attorney's Office Review Completed 11/21/2017 9:17 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 11/28/2017 12:12 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 11/29/2017 2:49 PM
Board of County Commissioners MaryJo Brock Meeting Pending 12/12/2017 9:00 AM
IN THE TWENTIETH CIRCUIT
COURT OF FLORIDA IN AND
FOR THE COUNTY OF COLLIER
COLLIER COUNTY, FLORIDA, a
Political subdivision of the State of Florida,
Petitioner, CIVIL ACTION NO.: 2015 -CAGB -33-3-
-vs-
PARCEL NO.: 228RDUE
BABY BROTHERS ENTERPRISES,
CYNTHIA A. YOUNG, ET AL.
Respondents.
MEDIATED SETTLEMENT AGREEMENT
As a result of a Mediation Conference held on moi, 2017 the parties
reached the following Settlement Agreement contingent upon the approval of the Collier
County Board of Commissioners:
1. Petitioner will pay to Respondent, Cynthia A. Young the sum of
$ 7.Z I oft .00 in full settlement of all claims for compensation
from Petitioner whatsoever, including.business damages, but excluding attorney's fees,
experts' fees, and costs.
2. In addition to the settlement amount referenced in Paragraph 1 of this
Agreement, Petitioner will pay $ 12i 5-7.5-- % in total attorney's fees and attorney
litigation costs in this case, including fees related to monetary and non -monetary benefits
and supplemental proceedings, if any.
3. In addition to the settlement aniglint referenced in Paragraph 1 of this
Agreement, Petitioner will pay $ // in total experts' fees and costs in
this case.
4. Counsel for Petitioner and Respondent 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 �onditions�ycontained herein.
-o n u- I $ Gn'%•-� lc.� -{, a t .�•fi O'� W si/;
�. Petitioner will pay Respondent the balance due of $ 45r-5' _ O'C" , 3
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.
7- Attached hereto is an addendum to this Agreement.
Yes X_ No
c fo ber31
$. This Agreement, dated W, 2017, contains all of the agreements of
the parties.
Petitioner, Collier Co. 1-
13oSG
AERIAL PHOTO SHOWING PARCEL 228RDUE
EXISTING ROW
PARCEL 228RDUE