Agenda 04/08/2014 Item #16A 7 4/8/2Or4 R .
EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agreement in the amount of$990,000 for the
acquisition of Parcel 123FEE in the lawsuit styled Collier County, Florida v. New Plan Florida
Holdings, LLC, et al., Case No. 13-CA-238 (US 41/SR-CR-951 Intersection Improvement Project
#60116),(Fiscal Impact: $596,170).
OBJECTIVE: That the Board approves a Mediated Settlement Agreement for full and final
compensation to be paid for the acquisition of Parcel 123FEE in the Lawsuit styled Collier County,
Florida v. New Plan Florida Holdings, LLC, et al., Case No. 13-CA-238 (US 41/SR-CR-951 Intersection
Improvement Project#60116).
CONSIDERATIONS: The County acquired the subject property by entry of an Order of Taking on
March 13,2013 and subsequently deposited the amount of$394,000 into the Court Registry on March 21,
2013. The taking of Parcel 123FEE was acquired from Esprop, LLC. At mediation, where the parties
positions on full compensation at the outset were $1,583,750 and $394,000, the County and the
Respondent (the property owner) negotiated a global settlement of $990,000 as full and final
compensation including statutory interest, all claims related to the value of the real estate, severance
damages to the remainder property,and all attorney's fees,experts' fees, and costs.
Since the discussion of a potential overpass at this intersection has been disseminated to the public absent
any real plans to build an overpass, the County has also agreed to allow Respondent to bring forth a
claim, if any, of additional damages if and when an overpass is constructed within the footprint of the
current right-of-way taking. The County reserves the right to dispute the amount of damages and
determine there are no additional damages to the remainder property at the completion of the
construction. This settlement will, in essence, delay any severance damage claims until such time as an
overpass is actually built and damages,if any,can be accurately quantified.
FISCAL IMPACT: Funds in the amount of$596,170 (additional funds to the Respondent of$596,000
plus a $170 deposit fee to the Clerk) are available in the Transportation US 41/SR-CR95I Intersection
Improvement Project (#60116). Source of funds is Road Impact Fees. There is no incremental
maintenance cost associated with this action.
GROWTH MANAGEMENT IMPACT: There is no Growth 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: That the Board of County Commissioners of Collier County,Florida:
1. Approve the attached Mediated Settlement Agreement;
2. Authorize the entry into the Circuit Court of a Joint Motion for Stipulated Final Judgment
incorporating the terms and conditions of the Mediated Settlement Agreement; and
3. Approve the expenditure and disbursement of funds as stated.
Prepared by: Kevin Hendricks,Right-of-Way Acquisition Manager,Transportation Engineering, GMD
Attachment: 1)Mediated Settlement Agreement
rite k6,4*Rage -06
4/8/2014 16.A.7.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.7.
Item Summary: Recommendation to approve a Mediated Settlement Agreement in the
amount of $990,000 for the acquisition of Parcel 123FEE in the lawsuit styled Collier County,
Florida v. New Plan Florida Holdings, LLC, et al., Case No. 13 -CA -238 (US 41 /SR -CR -951
Intersection Improvement Project #60116), (Fiscal Impact: $596,170).
Meeting Date: 4/8/2014
Prepared By
Name: HendricksKevin
Title: Manager - Right of Way, Transportation Engineering & Construction Management
3/12/2014 4:00:04 PM
Approved By
Name: AhmadJay
Title: Director - Transportation Engineering, Transportation Engineering & Construction Management
Date: 3/14/2014 8:39:25 AM
Name: KearnsAllisor_
Ti'ie: Manager Financial & Operationa Supno:._ Transnortatimr Lvcinlinistrator
Date: ,'? _'1014 12:311:16 PI\'
;Name. Tavior:,is,
Title: Management/Budge. Analyst. Transportation Aaniinistratio:
Date: x!18'2014 = :2 A, V,
„�_
Name: ShueGene
Title: Director - Operations Support, Transportation Administration
Date: 3/25/2014 10:17:53 AM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
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Date: 3/25/2014 2:48:02 PM
Name: MarcellaJeanne
4/8/2014 16.A.7.
Title: Executive Secretary, Transportation Planning
Date: 3/26/2014 3:22:34 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/31/2014 9:03:38 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 3/31/2014 10:59:59 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 3/31/2014 12:09:07 PM
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4/8/2014 16.A.7.
IN THE TWDMETH CIRCUrr
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. -13- 0238 -CA
-vs- PARCEL NO.: 123
NEW PLAN FLORIDA HOLDINGS, LLC; et al.
Respondents.
As a result of a Mediation Conference held on February 7, 2014 the parties
i
reached the following Settlement Agrement contingent upon the approval of the Collier
County Board of Commissioners:
Petitions- -Aril. DzN- t` , lratssoP -11 , t: It
fu' .sattieman c all ciaim.� ic- com ew=ou error. Pe`.itior wnatsoeve_, inctudui€
businms a=aF , al at`o a-t.:r ie e; ^e- ' i=L. F -IL cosu.
-our=' fo- Pc tson= enC I =D ndcnt wii ioint1,, sti =: to tnc - 'otm fc-
�*.^ -O�'.. :::rL:1Gt': l2St�'1.•- ZL t ZE ^"watt"'. f: S'J3i 5
Sid
:)7L_-'., i, ;s a nx Se=rbl:.t _ t.. v�`i._. .'}tI C. :i :.`r i2.►'"r`.<
f
3. Petitioner shall be entitled to a credit for the initial Court deposit in the
amount of $394,000.Petitioner will pay Respondent the balance due of $596,000.00
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4/8/2014 16.A.7.
within thirty (30) days of the actual date of receipt by the 'Petitioner's counsel of F
conformed copy of the aforesaid Stipulated Final Judgment from the Court.
-kiiiiiokskiii,111 WdYN
5. Respondent's claim for damages resulting from the grade separated
overpass of C.R. 951 over US 41 ("Overpass 'Claim") shall be determined at the time of
completion of the construction of the overpass. The right to raise such claim shall only
be available to the owner of the property at the time of the completion of the overpass. If
Respondent chboscs to sell, the remainder real estate prior to the completion of the
overpass, suchn''ght to claim damages shall extinguish as to the current Respondent and
pass to the subsecuent owner o.` the remainder real estate prorrieto.-. Accordingly, th-
a: I-, i, usec-' it the rest of this nam,-ra:Dh snaL als:- mt--- V, th-
vroper party if tn-: =,zn-, 1"esPonasn'- nc loriger n—a a.- Lnteres-. trit
-
L. itrs— L Tt
Si t_ no" 1egL- zompensa -ftowf--,
�-Ctit!011=7 SIMI' D. tc, =nte�,. wnai emoun, i� &r' in Cr=7 Dr a:
gw,.
:7,u-nart.: a7,
Overpass CIairn, Petitioner shat: teno-e-- im offer o scru---nent for aLmages "D
via certified mEl. Petitioner and the Respondent shall schedule mediation to attempt to
resolve the Overpass Claim no later than 90 days after the offer of settlement has been
received, if Respondent rejects the settlement offer tendered by Petitioner. Should the
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- 4/8/201416.A.7.
I
parties not resolve the Overpass Claim at mediation, Petitioner shall file suit against
Respondents based on this Judgment and the parties shall proceed to a Jury Trial on the
issue of full compensation of said claim, without the need for any further mediation.
Attorney fees s�all be awarded pursuant to the provisions of Section 73.092(1), Florida
Statutes, with e benefit being calculated as the difference between the above- referenced
settlement off and the amount contained ,in the final judgment. In addition,
construction of the current phase of the C.R. 951/U.S. 41 intersection (County Project
60116) providers for a left: turn movement from C.R.951 into Triangle Boulevard
(adjacent to dent °s property). If the project, as constructed, does not provide that
left turn movement, Respondent may assert a claim for damages relative to the loss of
that turn.
6. kttached hereto is an addendum to this Agreement.
Yes X No
77m, Armen.. dated. Pc`tizteR ", 2014, contaims aH Of tae agreemants Of
tae parties tf,"
4'
Rasvond= -, Esprop, LLC by Charlie Ladc
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