Agenda 10/28/2014 Item #16K410/28/2014 16.K.4.
EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agreement in the amount of $20,000
along with statutory attorneys fees for the acquisition of Parcel 117RDUE in the lawsuit
styled Collier County v. Timothy Maloney, et al, Case No. 10 -CA -2690, for the Collier
Boulevard expansion (Project No. 68056) (Fiscal Impact $14,783).
OBJECTIVE: That the Board approve a Mediated Settlement Agreement concerning Parcel
117RDUE, owned by Timothy Maloney, in the lawsuit styled Collier County v. Timothy
Maloney, et al, Case No. 10 -CA -2690.
CONSIDERATIONS: Collier County condemned a strip of land containing 4,500 square feet
(117RDUE) from the property owned by Timothy Maloney. This property is adjacent to Parcel
116RDUE which is a related item on today's agenda. The County originally offered the owner
$14,900 as the County's statutory offer based on the appraisal of February 25, 2008. On October
19, 2010, the parties entered into a Stipulated Order of Taking and deposited $6,900 into the
court registry. At mediation held October 13, 2014, the property owner presented a claim for full
compensation totaling $45,000 for Parcel 117RDUE (land, improvements and costs -to- cure).
The property owner and the County agreed to a settlement in the amount of $20,000 plus
statutory attorney's fees for the taking of Parcel I I7RDUE. The current amount due is as
follows:
Additional amount owed to owner: $ 13,100
Statutory Attorney's fees: 1,683
Total Due: $ 14,783
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 believes this settlement to be in the best interest of the
citizens of Collier County.
FISCAL IMPACT: The source of funds in the amount of $14,783 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
$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
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RECOMMENDATION: That the Board of County Commissioners approves the Mediated
Settlement Agreement as to Parcel 117RDUE, 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 117RDUE
10- 2690/2993
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10/28/2014 16.K.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.4.
Item Summary: Recommendation to approve a Mediated Settlement Agreement in the
amount of $20,000 along with statutory attorneys fees for the acquisition of Parcel 117RDUE in
the lawsuit styled Collier County v. Timothy Maloney, et al, Case No. 10 -CA -2690, for the Collier
Boulevard expansion (Project No. 68056) (Fiscal Impact $14,783).
Meeting Date: 10/28/2014
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary, CAO Office Administration
10/15/2014 12:32:55 PM
Approved By
Name: AhmadJay
Title: Director - Transportation Engineering, Transportation Engineering & Construction Management
Date: 1 0/16/2014 8:23:37 AM
Name: HendricksKevin
Title: Manager - Right of Way, Transportation Engineering & Construction Management
Date: 10/16/2014 11:56:14 AM
Name: KearnsAllison
Title: Manager Financial & Operational Support, Transportation Administration
Date: 10/16/2014 2:26:36 PM
Name: TaylorLisa
Title: Management/Budget Analyst, Transportation Administration
Date: 10/16/2014 3:25:32 PM
Name: ShueGene
Title: Director - Operations Support, Transportation Administration
Date: 10/16/2014 4:18:03 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
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Date: 10/16/2014 4:50:03 PM
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Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 10/16/2014 5:08:44 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/17/2014 9:35:37 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 10/20/2014 9:58:09 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 10/20/2014 11:44:49 AM
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
Case No. 10- 2690 -CA
COLLIER COUNTY, a political
subdivision of the State of Florida
Petitioner,
V. PARCEL 117RDUE
TIMOTHY MALONEY, 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 Cunty
Attorney, Collier County, 3299 East Tamiami Trail, Suite 800, Naples, Florida 34112. , the parties have
agreed to abide by the following:
taking the abor
heretofore paid.
less
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.
COLLI CO Y
BY:
EWLY PEPI , ESWIR
Office of the Coddy Attorney Print NamLv
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Attorney for Collier County
FBN: 92956 BY:
E -mail: emilypepin(a)colliergov.net
JOHI`/G. VEGA, ESCtUrN
266Ef Airport Road S uth
Naples, Florida
Phone: 239 -659 -3251
Attorney for Respondents
w
JAME A.H I GER E ATOR
4756 entraI Avenu
St. Pe rsburg, Florida
8 -7100; F BN: 00145200
CERTIFICATION NO. 12262 R
E -mail: iim(- eminentdomainfla.com
Print Name
RESPONDENT
Print Name
2
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AERIAL PHOTO SHOWING PARCELS 116RDUE & 117RDUE
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