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Agenda 10/27/2015 Item #16K1 10/27/2015 16.K.1 . EXECUTIVE SUMMARY Recommendation to approve a Mediated Settlement Agre 5462,500.00 as total compensation for Parcels 136FEE1 and Dement in the amount of Collier County v. Grover C. Woody, et al., Case No. 15-CA-001936FEE2 in the case styled part of the Golden Gate Boulevard Road Widening Project,4, which was condemned as Impact: 5357,436.00). Project No. 60040. (Fiscal OBJECTIVE: To settle all claims for compensation resulting 136FEE1 and 136FEE2 required for the widening of Golden Gate E from the taking of Parcels hereinafter referred to as the "Project." oulevard, Project No. 60040, CONSIDERATIONS: On July 30, 2015, Collier County con& 136FEE2 and deposited 5105,100.00 into the Court Registry. Pa,;mned Parcels 136FEE1 and were whole takes of property formerly owned by the Anita F. W0Ceels 136FEE1 and 136FEE2 the east of the SE quadrant of the Neighborhood Center Subdistrict'dy Revocable Trust, lying to Boulevard and Wilson Boulevard. The County identified this prop at the corner of Golden Gate stormwater retention pond required for the construction of the Proerty as the best location for a the zoning of the parcels was Estates, allowing for low density resid ect. Prior to condemnation, estate appraiser estimated the market value of the subject property lential, and the County's real highest and best use. However, because of its proximity to the ewith Estates residential as its Subdistrict. the property had potential for a transitional conditional iKisting Neighborhood Center such as churches, childcare centers or assisted living facilities. In aase allowing for development land planning consultant claimed that the site was a candidattddition. the property owner's management plan amendment and a rezone to commercial which for a small scale growth increase in the value of the property. With these factors in mind, tiv ould result in a substantial on October 2, 2015, and agreed to a global settlement of S462.500.0ne parties attended mediation property taken, attorney's fees, expert fees and costs. When mediat0 as full compensation for all the parties must anticipate the possible verdicts that might be rending eminent domain lawsuits, costs associated with prosecuting a jury trial (most of which arered by a jury as well as the authori�y). e borne by the condemning If this settlement is approved. the County will be responsible for ar toward the property owner and approximately S36 in recording f additional 5357.400.00 paid Office and staff recommend approval of the attached MediatedvSrees. The County Attorney's better result is not anticipated at trial. Upon approval. the County ettiement Agreement since a Joint Motion and Final Judgment with the Circuit Court incorn Attorney's Office will file a conditions as the Mediated Settlement Agreement. orating the same terms and GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: Funds in the amount of 5357.436.00 will bt impact fees from Golden Gate Blvd Project #60040. The prim' paid from gas taxes and/or iary funding source for the Packet Page -160 - 10/27/2015 16.K.1 . acquisition of right-of-way is impact fees. Should impact fees not be particular project, the secondary funding source will be gas taxes. sufficient within a LEGAL CONSIDERATIONS: This item has been approved as to forn requires a majority vote for Board approval.—ERP nand legality and RECOMMENDATION: That the Board approves the attached ME Agreement for the taking of Parcels 136FEE1 and 136FEE2. authorizes the p;diated Settlement stated therein, and authorizes the County Attorney's Office to file a Jointayment of funds as Judgment incorporating the same terms and conditions. Motion and Final Prepared By: Emily R. Pepin, Assistant County Attorney Attachments: 1) Mediated Settlement Agreement 2) Aerial of subject property Faccet Face -1604- • 10/27/2015 16.K.1 . COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.1. Item Summary: Recommendation to approve a Mediated Settlement Agreement in the amount of$462,500 as total compensation for Parcels 136FEE1 and 136FEE2 in the case styled Collier County v. Grover C. Woody, et al., Case No. 15-CA-00199, which was condemned as part of the Golden Gate Boulevard Road Widening Project, Project No. 60040. (Fiscal Impact: $357,436). Meeting Date: 10/27/2015 Prepared By Name: AllenDebbie Title: Legal Office Administrator, CAO Office Administration 10/7/2015 8:27:19 AM Submitted by Title: Assistant County Attorney, CAO Litigation Name: PepinEmily 10/7/2015 8:27:21 AM Approved By Name: KearnsAllison Title: Manager-Financial & Operational Sort, Growth Management Department Date: 10/7/2015 8:52:35 AM Name: HendricksKevin Title: Manager-Right of Way, Growth Management Department Date: 10/7/2015 12:24:56 PM Name: ShueGene Title: Division Director-Operations Support,Growth Management Department Date: 10/8/2015 1:21:53 PM Name: AhmadJay Title: Division Director-Transportation Eng, Growth Management Department Packet Page-1605- 10/27/2015 16.K.1 . Date: 10/9/2015 10:17:19 AM Name: TaylorLisa Title: Management/Budget Analyst. Senior, Capital Construction&Maintenance Budget/Fiscal Date: 10/12/2015 2:02:33 PM Name: PepinEmiiy Title: Assistant County Attorney, CAO Litigation Date: 10/13/2015 9:02:39 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Administration Date: 10/13/2015 2:36:15 PM Name: KlatzkowJeff Title: County Attorney, Date: 10/14/2015 9:40:32 AM Name: IsacksonMark Title: Division Director- Corp Fin &Mgmt Svc,Office of Management&Budget Date: 10/14/2015 9:44:31 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 10/l 5/2015 9:45:46 AM Parke: Page 4506- 10/27/2015 16.K.1. Parcels 136FEE1 and 136FEE2 ,t„ t r� fly # � q1 E 9tt,.-Jy ". l r r . e. � „N„, iGdhGavdx, x rfi„s '" I q -j' "2 °� .,-b , 'l Qom, ' - VFW!g 'K 31G M' v"M [^3 V-. a {h Nsra..t_' fl�"�$H t t... rGonmN•rooenrmucam ,1;-CA-199/1213928/1; Packe Page-1507- 10/27/2015 16.K.1 . IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR COLLIER COUNTY. FLORIDA CASE NO. : 201 5-CA-00199 COLLIER COUNTY. FLORIDA. a political Subdivision of the State of Florida, Petitioner. v. GROVER C. WOODY, III, ET AL.. Respondent. MEDIATED SETTLEMENT AGREEMENT As a result of a Mediation Conference held on October 2, 2015.the parties 1 Settlement y P v , reached the following Settlement Agreement: �� ��r e,_ 7 1. Petitioner will pay to Respondent. e• w p , Grover C. Woody. III the sum of (c C� ill s., $ ``16 4., `' in full settlement of all claims for compensation from Petitioner whatsoever, including business damages, etiog attorney's fees. experts' fees, and costs. I _ _. ti if i'eft�:e• • _ i-of-t tis / II •n. s • e t7 fl • - •'C -be 1—cfi fi{`. an - • • • • 3. I� �(di1inn try f e - . •:arenced in-P-aretrapii 1 n4 1his> t"--17 d}4-c-aSe7— 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 conditions contained herein. 5. Petitioner shall be entitled to a credit in the amount of$ 11 for its initial deposit. 6. Petitioner will pay Respondent the balance due of$ 7,:.> `� = ' Packet Page -160S- 10/27/2015 16.K.1 . 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 t,"r No 8. This Agreement. dated October,.-201 contains all of the agreements of the panics. /" --_ •? ".., ' ' i':,_,, /j.) ,,, ''•:'-'''\' EA . ..:„..41.1) Pet Oner/Collier County ( ,•' /Respondent, Grover c. Woo -1-.1 ( -i 4 A.x.1.- --)—, ,----".(2,,. .171,--1 V. -e 1/ttj 6 Attorney tor)Petitioner, Emily R. Pepin Attorney for Resp., Bella Y. Patel ‹/ f ~---Mediator. Lawrence S. G.end icr Packet Page 4609-