Agenda 09/23/2014 Item #12A9/23/2014 12.A.
EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agreement for the payment of a global
settlement of $3,145,000 for the taking of Parcel 120FEE in the case styled Collier County v.
New Plan Florida Holdings, LLC for the improvements to the intersection of Collier
Boulevard (C.R. 951) and US 41 (Project No. 60116). (Fiscal Impact: $2,041,170)
OBJECTIVE: To approve a mediated settlement agreement that will settle full compensation
for the taking of Parcel 120FEE for the intersection improvements to the intersection at Collier
Boulevard and US 41.
CONSIDERATIONS: Parcel 120FEE was taken from Commercial Properties Southwest, Inc.,
by Collier County at an Order of Taking hearing held on March 13, 2013, and by subsequently
depositing the amount of $1,104,000 into the Court Registry on March 21, 2013. At mediation
held June 27, 2014, the property owner presented a claim for full compensation totaling
$4,031,913, which alleged severance damages in the amount of $1,344,564.
The owner's claim placed the County at risk for an estimated $5,383,000 in total costs, assuming
a jury verdict at trial favorable to the property owner, expert witness costs, attorney fees and pre-
judgment interest. A jury verdict splitting the difference between the owner's claim and the
County's deposit would have been approximately $2,568,000. The owner's attorney fee based
upon the statutory formula would have been $362,800. The costs for expert witnesses (both ours
and theirs) is estimated to be not less than $400,000; and assuming the trial could be held before
November 2014, the prejudgment interest attaching to the jury verdict would be another
$104,310. In addition to these costs, the County would also be responsible for its own attorney
fees, estimated at not less than $50,000.
The County and Respondent negotiated a global settlement of $3,145,000 for full compensation
including statutory interest, all claims related to real estate and business damages, and expert
witness fees, and attorney's fees and costs.
Attached is the Mediated Settlement Agreement providing for the above - stated funds. Upon
approval of the Mediated Settlement Agreement, a stipulated final judgment will be presented to
the Court including the same terms and conditions.
FISCAL IMPACT: Budget amendments need to be authorized to pay $2,041,170 (additional
funds to the Respondent of $2,041,000 plus a $170 deposit fee to the Clerk.) Funds for the
budget amendments will come from Impact Fee District 4 (Fund 336) reserves and Gas Taxes
(Fund 313) Bridge Program 66066. 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
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9/23/2014 12.A.
RECOMMENDATION: That the Board of County Commissioners approves the attached
Mediated Settlement Agreement, directs the County Attorney's Office to file with the Clerk of
Court a stipulated final judgment including the same terms and conditions, and approves the
expenditure and disbursement of funds as stated. Authorize all necessary budget amendments.
PREPARED BY: Emily R. Pepin, Assistant County Attorney
Attachments: (1) Mediated Settlement Agreement;
(2) Location Map; and
(3) Pond Diagram
13- 0238- CA/347
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COLLIER COUNTY
Board of County Commissioners
Item Number: 12.12.A.
9/23/2014 12.A.
Item Summary: Recommendation to approve a Mediated Settlement Agreement for the
payment of a global settlement of $3,145,000 for the taking of Parcel 120FEE in the case styled
Collier County v. New Plan Florida Holdings, LLC for the improvements to the intersection of
Collier Boulevard (C.R. 951) and US 41 (Project No. 60116). (Fiscal Impact: $2,041,170)
Meeting Date: 9/23/2014
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary, CAO Office Administration
8/18/2014 4:54:43 PM
Approved By
Name: HendricksKevin
Title: Manager - Right of Way, Transportation Engineering & Construction Management
Date: 8/19/2014 1:10:39 PM
Name: AhmadJay
Title: Director - Transportation Engineering, Transportation Engineering & Construction Management
Date: 8/25/2014 9:13:09 AM
Name: TaylorLisa
Title: Management/Budget Analyst, Transportation Administration
Date: 8/27/2014 3:49:47 PM
Name: ShueGene
Title: Director - Operations Support, Transportation Administration
Date: 9/2/2014 4:19:35 PM
Name: KearnsAllison
Title: Manager Financial & Operational Support, Transportation Administration
Date: 9/2/2014 4:30:23 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
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Date: 9/8/2014 9:37:45 AM
9/23/2014 12.A.
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 9/11/2014 9:25:46 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/11/2014 2:47:35 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 9/12/2014 9:53:53 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 9/13/2014 1:50:17 PM
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9/23/2014 12.A.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR - COLLIER COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of Florida,
Petitioner, Case No.: 13 -CA -238
Parcel No.: 120FEE
V.
NEW PLAN FLORIDA HOLDINGS, LLC, et al.
Respondents.
MEDIATED SETTLEMENT AGREEMENT
At the Mediation Conference held on June 27, 2014, the parties reached the
following Settlement Agreement:
1. Petitioner will pay to Respondent, Commercial Properties Southwest, Inc.,
the sum of $ :3. 1 � C� 00. 00 in full settlement of all claims for compensation
from Petitioner whats ever, including all claims related to statutory interest, real estate,
business damages, if any, attorney's fees, including fees related to monetary benefits,
nonmonetary benefits and supplemental proceedings, if any, and all expert witness costs.
The settlement sum may be subject to claims of apportionment, if any, by any tenants,
judgment creditors, mortgagees and lien holders named in this action. Petitioner
previously deposited in the Registry of the Court the sum of $ I 1,6j�arlo. 043
Upon the entry of the Stipulated Final Judgment, Petitioner wiWdeposit in the Registry of
the Court, or, if there is not an apportionment claim, will pay to the trust account of
Respondent's attorney the sum of $ Z. 048. tqD, or, , representing the
difference between the total settlement sum referenced above and Petitioner's previous
deposit referenced above.
2. This Settlement Agreement is subject to and conditioned upon final
approval by the Board of County Commissioners of Collier County.
3. Counsel for Petitioner and Respondent will jointly submit to the Court
a mutually approved Stipulated Final Judgment containing the terms and conditions of this
Settlement Agreement within ten days following the final approval of this Settlement
Agreement by the Collier County Board of County Commissioners.
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9/23/2014 12.A.
4. This Settlement Agreement, executed by the undersigned parties and their
counsel on June 27, 2014, contains all of the agree nartiPC
evin E. ndri s; Right of Way
Acquisition Manager, on behalf of
Petitioner, Collier County
6 C ' B. lis, Esq.
Attorney for Petitioner
Gregory x, sq.
Attorney for Respondent
C
Emily R. P in, Es . e e R. En h, Esq.
Attorney for Petitioner Attorney for Reipondent
•s%�y
William B. Smith, sq.
Circuit Court Mediator
Packet Page -466-
POB
N.W. CORNER
OF TRACT 16
9/23/2014 12.A.
TC PROPERTY VENTURE. LLC
OR 4745, PG 2036
FOLIO NO. 34520002004
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LEGAL DESCRIPTION — PARCEL 120FEE
A =5 50 49
!CB= N39'35' 13-E
C =308.66'
N36'39'48 "E
;r•_ 46.62'7,
120FEE
127,969 SF
• / / / /
'/-p
h Vo'
cp
RW
FEE Si�KE
INTEREST
r
,RDS BOOK
PG PAGE
C.R. COUNTY ROAD
POB POINT OF BEGINNING
NO. r NUMBER
L _ LENGTH
R RADIUS
A - DELTA
CB — CHORD BEARING
C - CHORD
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST. COWER COUNTY, FLORIDA BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF TRACT 16, AS SHOWN ON THE PLAT OF LELY RESORT, PHASE 1, RECORDED IN PLAT BOOK
16, PAGES 87 THROUGH 99 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA;
THENCE N35'39'04'E FOR 187.89 FEET ALONG THE EASTERLY BOUNDARY OF TRACT 3E, AS SHOWN ON THE PLAT OF FREEDOM SQUARE,
RECORDED IN PUT BOOK 22, PAGE 56 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA;
THENCE LEAVING TRACT 3E, S54'22'14'E FOR 307.80 FEET;
THENCE N36'39'48 "E FOR 46.62 FEET TO THE BEGINNING OF A TANGENTIAL CURVE;
THENCE 308.79 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 3026.00 FEET, THROUGH A CENTRAL ANGLE OF 05'50'49 ",
AND WHOSE LONG CHORD BEARS N39'35'13-E FOR A DISTANCE OF 306.66 FEET;
THENCE SW20'51'E FOR 110.32 FEET ALONG THE NORTHEASTERLY BOUNDARY OF THE PARCEL DESCRIBED iN OFFICIAL RECORDS BOOK
3695, PAGE 411 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA;
THENCE S35'41'39'W FOR 546.95 FEET ALONG THE EASTERLY BOUNDARY OF TRACT 3F AS SHOWN ON SAID FREEDOM SQUARE PLAT:
THENCE N54'32'56W FOR 239.50 FEET ALONG THE NORTHEASTERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK
4117, PAGE 1702 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA;
THENCE N35'42'25'E FOR 5.21 FEET ALONG THE EASTERLY BOUNDARY OF TRACT 16, AS SHOWN ON SAID LELY RESORT. PHASE I PLAT,
TO THE NORTHEASTERLY CORNER OF SAID TRACT 16;
THENCE N54'20'28'W FOR 200.23 FEET ALONG THE NORTHERLY BOUNDARY OF SAID TRACT 16, TO THE POINT OF BEGINNING OF THE
PARCEL HEREIN DESCRIBED.
CONTAINING 127,969 SQUARE FEET OR 2.9 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
wumumilolm
JUL o 6 2012
MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIGNED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE do RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
,aw S. 2012 1:31 OW k\2M\oNWl.Woo US41 t 09951 kgo' —non ano awmww And CR971 4MOM P d \Pn 1 -s —\same — v— 'wv— \7cF -w ot�sru +za x.e.v
ti
COMMERCIAL
FREEDOM SQUARE
PROPERTIES SW, INC.
PB 22, PG 56
OR 3695, PG 411
FOLIO N0.
L =308.79' ` 4
34520001908,
R =3026.00'
4S4 i7
�� d'�lrf,'j w 208
ode .udt* h
O N U x ;
FUJO rf
N9. 3452090/9N
+eSL 21 A a7�'
10' '1R?
JO N9.
900309.1
Qp
1
LEGAL DESCRIPTION — PARCEL 120FEE
A =5 50 49
!CB= N39'35' 13-E
C =308.66'
N36'39'48 "E
;r•_ 46.62'7,
120FEE
127,969 SF
• / / / /
'/-p
h Vo'
cp
RW
FEE Si�KE
INTEREST
r
,RDS BOOK
PG PAGE
C.R. COUNTY ROAD
POB POINT OF BEGINNING
NO. r NUMBER
L _ LENGTH
R RADIUS
A - DELTA
CB — CHORD BEARING
C - CHORD
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST. COWER COUNTY, FLORIDA BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF TRACT 16, AS SHOWN ON THE PLAT OF LELY RESORT, PHASE 1, RECORDED IN PLAT BOOK
16, PAGES 87 THROUGH 99 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA;
THENCE N35'39'04'E FOR 187.89 FEET ALONG THE EASTERLY BOUNDARY OF TRACT 3E, AS SHOWN ON THE PLAT OF FREEDOM SQUARE,
RECORDED IN PUT BOOK 22, PAGE 56 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA;
THENCE LEAVING TRACT 3E, S54'22'14'E FOR 307.80 FEET;
THENCE N36'39'48 "E FOR 46.62 FEET TO THE BEGINNING OF A TANGENTIAL CURVE;
THENCE 308.79 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 3026.00 FEET, THROUGH A CENTRAL ANGLE OF 05'50'49 ",
AND WHOSE LONG CHORD BEARS N39'35'13-E FOR A DISTANCE OF 306.66 FEET;
THENCE SW20'51'E FOR 110.32 FEET ALONG THE NORTHEASTERLY BOUNDARY OF THE PARCEL DESCRIBED iN OFFICIAL RECORDS BOOK
3695, PAGE 411 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA;
THENCE S35'41'39'W FOR 546.95 FEET ALONG THE EASTERLY BOUNDARY OF TRACT 3F AS SHOWN ON SAID FREEDOM SQUARE PLAT:
THENCE N54'32'56W FOR 239.50 FEET ALONG THE NORTHEASTERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK
4117, PAGE 1702 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA;
THENCE N35'42'25'E FOR 5.21 FEET ALONG THE EASTERLY BOUNDARY OF TRACT 16, AS SHOWN ON SAID LELY RESORT. PHASE I PLAT,
TO THE NORTHEASTERLY CORNER OF SAID TRACT 16;
THENCE N54'20'28'W FOR 200.23 FEET ALONG THE NORTHERLY BOUNDARY OF SAID TRACT 16, TO THE POINT OF BEGINNING OF THE
PARCEL HEREIN DESCRIBED.
CONTAINING 127,969 SQUARE FEET OR 2.9 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
wumumilolm
JUL o 6 2012
MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIGNED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE do RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
,aw S. 2012 1:31 OW k\2M\oNWl.Woo US41 t 09951 kgo' —non ano awmww And CR971 4MOM P d \Pn 1 -s —\same — v— 'wv— \7cF -w ot�sru +za x.e.v
PROJECT: U.S.41 /C.R.951 /S.R.951�T1NC
SKETCH AND LEGAL DESCRIPTION
I V4 S =w2s6a MyFks
PARCEL 120FEE: RIGHT —OF —WAY
8610 WNar Park DrWo. SUM200
Naples. Flodda 36198
PREPARED FOR: COLLIER COUNTY GOVERNIMT /BOARD OF COUNTY COi1WSSIONRRS
Phone: (239) 597-0575 fAX: (239) 597-0578
LB No.: 6952
JOB NUMBER
REVISION
SLCPON
TOWNSHIP
Ri �'-- - " "- -�TE
DRAWN BY
FILE NAME
SHEET
09008L00.00
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