Loading...
Agenda 11/18/2014 Item # 16A1711 /18/2014 16.A.17. EXECUTIVE SUMMARY Recommendation to authorize a Mediated Settlement Agreement for the payment of $125,000 plus fees and costs for the taking of Parcel 112FEE 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: $132,763). OBJECTIVE: To authorize a mediated settlement agreement settling full compensation for the taking of Parcel 1 l2FEE for the improvements to the intersection at Collier Boulevard and US- 41. CONSIDERATIONS: Parcel l 12FEE was taken from Southern Management Corp. by Collier County at an Order of Taking hearing held on March 13, 2013, by subsequently depositing the amount of $47,200 into the Court Registry. Southern Management Corp operates a Burger King restaurant at this location from which the County took a right -of -way parcel consisting of 2,550 square feet. At mediation held October 1, 2014, the property owner presented a claim for full compensation totaling $428,656 broken down as follows: (l) $191,226 (land, improvements and severance damages to the remainder), and (2) $237,430 (business damages). A jury verdict splitting the difference between the owner's claim and the County's deposit would have been approximately $237,928. Under the split verdict scenario the owner's attorney fees, based upon the statutory formula, would have been $63,369.24. The combined costs for expert witnesses (both the County's and the Respondent's) is estimated at not less than $300,000; and assuming the trial could be held before November 2014, the prejudgment interest attaching to the jury verdict would be another $13,589. 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 settlement of $125,000 for full compensation including statutory interest, and all claims related to real estate and business damages. In addition, the County is paying for the owner's three expert witnesses and the owner's attorney fees as is required by law. The owner's attorney fees amount to $21,153 according to the "benefit formula" per Section 73.092(1), F.S., the owner's expert costs were negotiated down from $39,577 to $33,640.45. 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: Funds in the amount of $132,763 (additional funds to the Respondent of $132,593 plus a $170 deposit fee to the Clerk of Courts) are available in the Transportation US 41 /SR -CR951 Intersection Improvement Project (No. 60116). Source of funds is Road Impact Fees and or gas taxes. The county currently maintains the US41/951 intersection, so incremental maintenance costs ultimately related to the improvements will be minimal compared to the overall benefits of the project. New roadway construction has a maintenance curve of approximately 5 to 7 years before any costs are required for repairs or replacement. Packet Page -1119- 11 /18/2014 16.A.17. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. 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 authorize the attached Mediated Settlement Agreement, direct the County Attorney's Office to file with the Clerk of Court a stipulated final judgment including the same terms and conditions, and authorize the expenditure and disbursement of funds as stated. Prepared by: Kevin Hendricks, Right -of -Way Acquisition Manager, Transportation Engineering Attachments: (1) Mediated Settlement Agreement; and (2) Location Map. Packet Page -1120- 11 /18/2014 16.A.17. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.17. Item Summary: Recommendation to authorize a Mediated Settlement Agreement for the payment of $125,000 plus fees and costs for the taking of Parcel 112FEE 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:$132,763) Meeting Date: 11/18/2014 Prepared By Name: HendricksKevin Title: Manager - Right of Way, Transportation Engineering & Construction Management 10/9/2014 4:41:13 PM Approved By Name: AhmadJay Title: Director - Transportation Engineering, Transportation Engineering & Construction Management Date: 10/20/2014 7:39:36 AM Name: TaylorLisa Title: Management/Budget Analyst, Transportation Administration Date: 10/21/2014 1:17:10 PM Name: KearnsAllison Title: Manager Financial & Operational Support, Transportation Administration Date: 10/22/2014 4:04:04 PM Name: LynchDiane Title: Supervisor - Operations, Road Maintenance Date: 10/27/2014 2:09:47 PM Name: ShueGene Title: Director - Operations Support, Transportation Administration Date: 10/29/2014 5:07:23 PM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Packet Page -1121- Date: 10/30/2014 4:15:24 PM Name: MarcellaJeanne 11 /18/2014 16.A.17 Title: Executive Secretary, Transportation Planning Date: 1 1/3/2014 1 1:36:29 AM Name: KlatzkowJeff Title: County Attorney, Date: 11/3/2014 2:31:33 PM Name: UsherSusan Title: Management/Budget Analyst, Senior, Office of Management & Budget Date: 11/6/2014 8:58:19 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 11 /6/2014 2:00:03 PM Packet Page -1122- 11 /18/2014 16.A.17. LOCATION MAP Packet Page -1123- 11 /18/2014 16.A.17. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY, a political Subdivision of the State of Florida Petitioner, V. Case No 13 -CA -238 NEW PLAN FLORIDA HOLDINGS, LLC. etc. et al. Parcel No. 112FEE, Respondents MEDIATED SETTLEMENT AGREEMENT Pursuant to the Mediation Conference held on October 1, 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- Packet Page -1124- 11 /18/2014 16.A.17. THIS STIPULATION BECOMES BINDING UPON THE PARTIES BY THEIR EXECUTION AND THAT OF THEIR COUNSEL AND THE APPROVAL OF THE BOARD OF COUNTY COMMISSIONERS. �MILY R. PEPI , ESQUIRE Office of the Co ty Attorney 3299 East Tamiami Trail, Suite 800 Naples, Florida 34112 Attorney for Collier County FBN: 92956 Office: 239 -252 -8400 E -mail: emiiY��in(acollieraov.net AADREW G. DIAZ, ESQUIRE Gaylord Merlin Ludovici 9 Diaz 5001 West Cypress Sheet Tampa, Florida 33607 FBN: 974196 Office: 813 -221 -9000 E -mail: ad az(a-�gavlordmeriin com JAM S A.HELINGER JF M HTt 4756 .,entral Avenue St. P tersburg, Florida 3 -328 -7100; FBN: 00145200 CERTIFICATION NO. 12262 R E -mail: jimrueminentdomainfia.com BY: Print Name SOUTHERN MANAGEMENT CORPORATION, a Florida Corporation, d /b /a BURGER KING BY: RESPONDENT , Diu c&rz c Print Name BY: RESPONDENT Print Name Packet Page -1125- N\ MASONRY WALL STORMWATER POND DECORAVVE METAL FENCE Lp� 11/18/2014 16.A.17. b SITE MODIFICATION SCALE 1"-50' STATE ROAD 90 Emmo- LMA ns sociater, SOUTHERN MANAGEMENT CORP. 31622 LLS. 19 14.61. #-.fm Harbor, Fi-ido 34"4 (?27j TSS_MJC, r"; (72T) Toil Free: (850) PARCEL112 Packet Page -1126-