Agenda 10/28/2014 Item #16K310/28/2014 16.K.3.
EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agreement in the amount of $140,000
along with statutory attorney's fees for the acquisition of Parcel 116RDUE in the lawsuit
styled Collier County v Kaye Homes, Ina, et al, Case No. 10 -CA -2680, for the Collier
Boulevard expansion (Project No. 68056) (Fiscal Impact $80,683.75).
OBJECTIVE: That the Board approve a Mediated Settlement Agreement concerning Parcel
1 l6RDUE, owned by Timothy Maloney, in the lawsuit styled Collier County v. Kaye Homes,
Inc., et al, Case No. 10 -CA -2680.
CONSIDERATIONS: Collier County condemned a strip of land containing .103 acres
(1 16RDUE) from the property owned by Timothy Maloney. This property is adjacent to Parcel
117RDUE which is a related item on today's agenda. The County originally offered the owner
$101,500 as the County's statutory offer based on the appraisal of May 26, 2008. An updated
appraisal of September 4, 2010, valued the take at $74,000. On October 19, 2010, the parties
entered into a Stipulated Order of Taking and deposited $74,000 into the court registry. The
property owner presented a claim for full compensation totaling $180,000 for Parcel l 16RDUE,
which included damages as a result in a 60 -foot reduction to the setback causing the home to be
only 40 feet from the right -of -way, as well as a significant impact to the existing drain field. See
the attached aerial depicting the property taken. The County previously acquired the neighboring
property to the west for a global amount of $166,500 which included similar assessed damages
as a result of the below market setback in the after condition. At mediation held October 13,
2014, the property owner and the County agreed to a settlement in the amount of $140,000 plus
expert fees and statutory attorney's fees for the taking of Parcel 116RDUE. The current amount
due is as follows:
Additional amount owed to owner: $ 66,000.00
Statutory Attorney's fees: 12,705.00
Expert fees 1,978.75
Total Due: $ 80,683.75
Additionally, the County offered to permit two driveway aprons in order to allow the homeowner
to construct a circular drive as a cure to the setback reduction and to facilitate westbound egress
once median closings are constructed. Attached is a Mediated Settlement Agreement providing
for the above - stated funds. Staff and the County Attorney's Office are recommending this
settlement, since the County is not guaranteed better results at trial, and believe this settlement to
be in the best interest of the citizens of Collier County.
FISCAL IMPACT: Funds in the amount of $80,683.75 are available from gas taxes and /or
road impact fees.
The County currently maintains Collier Boulevard, so incremental maintenance costs ultimately
related to the improvements will be minimal compared to the overall benefits of the project.
Additionally, right -of -way acquisitions are required which will add acreage to the mowing and
garbage removal maintenance at approximately $3,000 per year. Replacement of swales with
closed drainage (piping) has a useful life of approximately fifty years with recurring costs of
periodic inspections and system cleaning on the three to five year basis at an estimated cost of
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$5,000 per cycle. New roadway construction has a maintenance curve of approximately 5 to 7
years before any incremental costs are required for repairs or replacement.
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 as to Parcel 1 l6RDUE, authorizes the County Attorney's Office to file a
Joint Motion and Final Judgment incorporating the same terms and conditions, and authorizes
the payment of funds as stated.
PREPARED BY: Emily R. Pepin, Assistant County Attorney
Attachments: (1) Mediated Settlement Agreement for Parcel 116RDUE
1 0- 2680- CA/2951
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10/28/2014 16.K.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.3.
Item Summary: Recommendation to approve a Mediated Settlement Agreement in the
amount of $140,000 along with statutory attorney's fees for the acquisition of Parcel 116RDUE
in the lawsuit styled Collier County v. Kaye Homes, Inc., et al, Case No. 10 -CA -2680, for the
Collier Boulevard expansion (Project No. 68056) (Fiscal Impact $80,683.75).
Meeting Date: 10/28/2014
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary, CAO Office Administration
10/15/2014 11:51:25 AM
Approved By -
Name: AhmadJay
Title: Director - Transportation Engineering, Transportation Engineering & Construction Management
Date: 10/16/2014 8:23:11 AM
Name: HendricksKevin
Title: Manager - Right of Way, Transportation Engineering & Construction Management
Date: 10/16/2014 11:53:35 AM
Name: KeamsAllison
Title: Manager Financial & Operational Support, Transportation Administration
Date: 10/16/2014 2:25:52 PM
Name: TaylorLisa
Title: Management/Budget Analyst, Transportation Administration
Date: 10/16/2014 3:25:04 PM
Name: ShueGene
Title: Director - Operations Support, Transportation Administration
Date: 10/16/2014 4:16:50 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
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Date: 10/16/2014 4:47:16 PM
10/28/2014 16.K.3.
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 10/16/2014 5:07:38 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/17/2014 9:35:18 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 10/20/2014 9:57:54 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 10/20/2014 11:43:28 AM
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
Case No. 10- 2680 -CA
COLLIER COUNTY, a political
subdivision of the State of Florida
Petitioner,
V. PARCEL 116RDUE
KAYE HOMES, INC. et al.
Respondents
MEDIATED SETTLEMENT AGREEMENT
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Pursuant to the Mediation Conference held on October 13, 2014 at the Office of the County
Attorney, 3299 East Tamiami Trail, Suite 800, Naples, Florida 34112, the parties have agreed to abide by
the following:
1.
the
heretofore paid.
TIMC
2. Pursuant to Florida Statute 44.102 (3) the parties agree to keep the communications during
the Mediation confidential.
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THIS STIPULATION BECOMES BINDING UPON THE PARTIES BY THEIR EXECUTION AND THAT OF
THEIR COUNSEL AND THE APPROVAL OF THE BOARD OF COUNTY COMMISSIONERS.
ILY R. PE F I , ES QQ'U IRE
Office of the C my Attorney
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Attorney for Collier County
FBN: 92956
E -mail: em ilvr)er)in(&colliergov.net
Q_ �\ rr
JOHN )G. VEGA, ESQUIR
2666 irport Road South
Napl s, Florida
Phone: 239 - 659 -3251
Attorney for Respondents
JAM S A.HELI GE ME IATO
4756 Central Avenu
St. P tersbura, Florida
728 -7100; FB N: 00145200
CERTIFICATION NO. 12262 R
E -mail: iim(a.eminentdomainfla.com
BY:
Print Name
RESP NT
Print Name
RESPONDENT
Print Name
2
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AERIAL PHOTO SHOWING PARCELS 116RDUE & 117RDUE
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