Agenda 05/27/2014 Item #16K1 Proposed Agenda Changes
Board of County Commissioners Meeting
May 27,2014
Continue Item 11B to the June 10, 2014 BCC Meeting: Recommendation to approve and authorize the
Pelican Bay Services Division to prepare,sign and submit a Nationwide Permit for the maintenance
dredging of Clam Pass due to concerns about the critical condition of the Pass, approve necessary
budget amendments and make a finding that this project promotes tourism. (Staff's request)
Continue Item 16A15 Indefinitely: Recommendation to approve the award of Contract Number
14-6190 to Agnoli, Barber and Brundage, Inc., C1I2M Hill Engineers, Inc., Johnson Engineering Inc.,and
RWA,Inc.for professional design and related services for the"Golden Gate City Stormwater Drainage
Improvement Project Engineering Design",Project Number 50129. On March 25,2013, the Board of
County Commissioners approved the recommended short-list of consultants and directed
negotiations with the four top ranked firms. (Staffs request)
Move Item 161)7 to Item 11D: Recommendation to approve the Pepper Ranch Preserve Cattle
Lease Agreement with Lake Trafford Ranch LLLP under the Conservation Collier Program and direct
the County Manager,or his designee,to implement the Lease terms. (Commissioner Nance's request)
Continue Item 161)8 to the.tune 10,2014 BCC Meeting: Recommendation to authorize the Chairman to
execute the Parks and Recreation Department Facility Use Memorandum of Understanding (MOU) with the
Naples BMX, Inc., to operate BMX related events at the Wheels Skate and BMX Park. (Stalls request)
Add On Item 16,14: Board declaration of expenditures serving a valid public purpose and approval of
disbursements for the period of May 15, 2014 through May 21,2014. (Clerk's Finance Department request)
Note:
Item 16A10 Executive Summary title and title on agenda index should read: This item requires that ex parte
disclosure be provided by Commission members. Should a hearing be held on this item, all participants are
required to be sworn-in--Recommendation to approve an Easement Use Agreement for Lot 58, Block C,
Hammock Isles which was approved by the Board of County Commissioners on June 10,2003, and recorded
at Plat Book 40, Pages 40 through 47. (Staff's request)
Item 16F5: Approval of this item is subject to ratification at the"Tourist Development Council May 29,2014
meeting. (Staff's request)
Item 16K1 title on the agenda index should read the same as the Executive
Summary: Recommendation to approve a Mediated Settlement Agreement in
the amount of 554,500 for the acquisition of Parcels -1-23FFi;-1691W 1, 169DE2
and 169TCE in the lawsuit styled Collier County, Florida v.L & I? Ram, LLC, et
al., Case No. 12-CA-1828 (US 41 Ditch/Naples Manor Canal/LASIP Project
#51101). (Fiscal Impact: 541,070) (Stalls request)
Time Certain Items:
Item I IC to be heard at 10:00 a.m.
."^1111 9.H-551
5/27/2014 16.K.1 .
EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agreement in the amount of$54,500 for the
acquisition of Parcels 169DE1, 169DE2 and 169TCE in the lawsuit styled Collier County, Florida v.
L & R Ram, LLC, et al., Case No. 12-CA-1828 (US 41 Ditch/Naples Manor Canal/LASIP Project
#51101). (Fiscal Impact: 541.070)
OBJECTIVE: That the Board approves a Mediated Settlement Agreement for full and final
compensation to be paid for the acquisition of Parcels 169DE1. 169DE2 and 169TCE in the Lawsuit
styled Collier County, Florida v. L & R Ram, LLC et al., Case No. 12-CA-1828 (US 41 Ditch/Naples
Manor Canal/LASIP Project#51 101).
CONSIDERATIONS: The County acquired the subject property by entry of an Order of Taking on
September 28, 2012 and subsequently depositing the amount of $13,600 into the Court Registry on
October 17, 2012. The taking of Parcels 169DE1, 169DE2 and 169TCE was acquired from NTP
Holdings Corp. The County and Respondent negotiated a mediated settlement of $54.500 for full
compensation including statutory interest, all claims related to real estate and business damages, and all
attorney's fees, experts' fees, and costs.
Attached is the Mediated Settlement Agreement providing for the above-stated funds.
FISCAL IMPACT: Funds in the amount of$41,070 (additional funds to the Respondent of$40,900
plus a $170.00 deposit fee to the Clerk) are available in the Stormwater US 41 Ditch/Naples Manor
Canal/LASIP Project (#51101). Source of funds is a General Fund (001) transfer. There is no
incremental maintenance cost associated with this action.
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: That the Board of County Commissioners approves the Mediated Settlement
Agreement and approves the expenditure and disbursement of funds as stated.
PREPARED BY: Emily R. Pepin, Assistant County Attorney
12-1 S28-CA/252
Packet Page -1928-
5/27/2014 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$54,500 for the acquisition of Parcel 123FEE in the lawsuit styled Collier County,
Florida v. L& R Ram, LLC, et al., Case No. 12-CA-1828 (US 41 Ditch/Naples Manor Canal/LASIP
Project#51101). (Fiscal Impact: $41,070)
Meeting Date: 5/27/2014
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary, CAO Office Administration
5/7/2014 10:14:00 AM
Approved By
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administration
Date: 5/8/2014 1:36:36 PM
Name: KearnsAllison
Title: Manager Financial & Operational Support, Transportation Administration
Date: 5/9/2014 2:40:33 PM
Name: ShueGene
Title: Director-Operations Support. Transportation Administration
Date: 5/9/2014 3:37:36 PM
Name: AhmadJay
Title: Director-Transportation Engineering, Transportat
Date: 5/13/2014 11:08:35 AM
Name: HendricksKevin
Title: Manager-Right of Way, Transportation Engineering& Construction Management
Date: 5/15/2014 10:50:45 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Packet Page -1929-
5/27/2014 16.K.1 .
Date: 5/15/2014 1 1:1 8:47 AM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 5/15/2014 2:37:49 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/16/2014 11:05:01 AM
Name: lsacksonMark
Title: Director-Corp Financial and Mngmt Sys, Office of Management&Budget
Date: 5/16/2014 3:52:26 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 5/18/2014 1:54:45 PM
Packet Page -1930-
5/27/2014 16.K.1 .
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION
COLLIER COUNTY, FLORIDA, a political
Subdivision of the State of Florida,
Petitioner, Case No. 12-CA-1828
v. Parcel Nos: 169DE1, 169DE2,
169TCE
L & M RAM, LLC., et al.,
Respondents.
MEDIATED SETTLEMENT AGREEMENT
At a Mediation Conference held on Monday, May 5, 2014, the parties reached the
following Settlement Agreement.
1. Petitioner, COLLIER COUNTY ("Petitioner"), will pay to Respondent,
NWFP HOLDINGS/ CORP. ("Respondent") the sum of�a/�
$ SL j SOD v 1,1,) in full settlement of all claims for compensation
from Petitioner whatsoever, including statutory interest, bemeasissitIMIY, attorney's and
experts' fees and costs. Said sum will be subject to claims of apportionment, if any.
2. Petitioner is entitled to a credit in the amount of $13,600.00, which was
previously deposited in the registry of the Court in this case by Petitioner.
3. 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. C._C.)J
4. Petitioner will the balance due of $ 1-4 0 ) '1 c:1-0 '(e u
(within thirty (30) days of the actual date of receipt by Petitioner's counsel of a conformed
copy of the aforesaid Stipulated Final Judgment from the Court.
The ' o wil :lain jur':•'ction •- e i •- • the u - o • s fe
and perts' co
6. Settlement of this case is conditioned upon final approval by Collier
County Board of County Commissioners.
Packet Page -1931-
5/27/2014 16.K.1 .
t
( ,
7. Attached hereto is an addendum to this agreement: /Yes +jjdi' N.
8. This agreement dated May 5, 2014, and attached addendum, if any,
contain(s) all of the agreements of the parties.
NWFP HOLDINGS CORP.
DUO--
By:
endri• s, NOV Respondent
ROW Acquisition Manager
Petitioner's client for Collier County
F-//\/
Emily R. Pe j.in, Esqu re Char s R. Forman, Esquire
Attorney for Petiti••-r, Co ier County Attorneys for above-named Respondents
Andrew G. Diaz, Esquire
Mediator
Packet Page -1932-
5/27/2014 16.K.1 .
Collier County v. L & R Ram. LLC, et al.
Case No: 12-CA-1828/P. 169DE1, 169DE2, 169TCE
Addendum to Mediation held on May 5, 2014
74e-- �N GS ez- 'tQ Q,
1?■`9✓L A1(
Lw ✓i.•_2,4..S v/' ✓H 1-1-42. n'5 d
W vtai
NWFP HO INGS CORP.
7e1�v, /i • By:
in He,dricks,/ "P" Respondent
•OW A quisition Manager
Petitioner's client for Collier County
ALL— agars
Emil • '�� Esqire Char's R. Forman, Esquire
Att. - fofi''etiti%ner, Collier County Attorneys for above-named Respondent
yew G. Di: , Esquire
Mediator
Packet Page -1933-