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Agenda 04/10/2018 Item #16K 504/10/2018 EXECUTIVE SUMMARY Recommendation to approve a Mediated Settlement Agreement in the amount of $105,000 for full compensation for the taking of Parcel 370RDUE, plus $18,000 for statutory attorney fees, and $15,955 for expert fees and costs, in the case styled Collier County v. Steven A. Edwards, et al., Case No. 16-CA-1327 required for improvements to Golden Gate Blvd. (Project No. 60145). [Fiscal Impact: $83,955, plus approximately $10,000 for driveway and culvert construction.] OBJECTIVE: To settle full compensation owed for the taking of Parcel 370RDUE required for the road widening of Golden Gate Blvd. from 20th Street East to east of Everglades Blvd., Project No. 60145, hereinafter referred to as the “Project.” CONSIDERATIONS: On April 26, 2016, the Board of County Commissioners approved Condemnation Resolution 2016-89 to acquire the necessary property to construct the Project. On November 22, 2016, the County condemned Parcel 370RDUE and deposited a good faith estimate of value of $55,000 into the Court Registry. Parcel 370RDUE is a 18,367 square foot road right -of-way, drainage, and utility easement taken from vacant property owned by William Vines. The parent tract lies on the southwest corner of the intersection at Golden Gate Blvd. and Evergl ades Blvd. and is designated on the Future Land Use Map as within a Neighborhood Center Subdistrict. Both parties agreed that this designation allows for future commercial development upon a rezone and appraised the property as such; however, the parties differed in how much that future designation is worth to potential buyers in today’s market. The County’s appraisal appraised the property at $3/sq. ft., while the property owner’s appraisal was at $9/sq. ft. The property owner’s initial claim at mediation was a total of $202,800, which includes the $9/sq. ft. value to the land taken and $39,200 in increased costs to cure the restricted access to the property as a result of the construction of curbing and widened ditches. At Court Ordered mediation held March 28, 2018, the parties agreed to full compensation for the property interest taken in the amount of $105,000 (approximately $5.72/sq. ft.) and the County agreed to construct a driveway entrance and culvert into its Project design to resolve the access issue. This settlement will also require the County to pay $18,000 for statutory attorney fees and $15,955 in negotiated expert fees and costs. If this settlement is approved, the County will be required to pay $83,955 over the $55,000 already deposited into the Court Registry. The County Attorney’s Office (CAO) and Staff recommend approval of the attached Mediated Settlement Agreement since a better result is not expected at trial. Upon approval, the CAO will file a Stipulated Final Judgment incorporating the same terms and conditions with the Circuit Court. FISCAL IMPACT: Funds in the amount of $83,955.00 will be paid from gas taxes and/or impact fees from Golden Gate Blvd. Project No. 60145. Additionally, the paved driveway and culvert to be bu ilt as part of the overall construction project will cost approximately $10,000. The primary funding source for the acquisition of right-of-way is impact fees. Should impact fees not be sufficient within a particular project, the secondary funding source will be gas taxes. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this item. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. - ERP RECOMMENDATION: Recommendation to approve a Mediated Settlement Agreement in the amount of $105,000 for full compensation of the taking of Parcel 370RDUE, plus $18,000 for statutory attorney fees, and $15,955 for expert fees, and costs, in the case styled Collier County v. Steven A. Edwards, et al., 16.K.5 Packet Pg. 1010 04/10/2018 Case No. 16-CA-1327, required for improvements to Golden Gate Blvd. (Project No. 60145). Prepared by: Emily R. Pepin, Assistant County Attorney ATTACHMENT(S) 1. Mediated Settlement Agreement - Parcel 370RDUE (PDF) 2. Aerial photograph.vines Parcel 370RDUE (PDF) 16.K.5 Packet Pg. 1011 04/10/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.5 Doc ID: 5291 Item Summary: Recommendation to approve a Mediated Settlement Agreement in the amount of $105,000 for full compensation for the taking of Parcel 370RDUE, plus $18,000 for statutory attorney fees, and $15,955 for expert fees and costs, in the case styled Collier County v. Steven A. Edwards, et al., Case No. 16-CA-1327 required for improvements to Golden Gate Blvd. (Project No. 60145). [Fiscal Impact: $83,955, plus approximately $10,000 for driveway and culvert construction.] Meeting Date: 04/10/2018 Prepared by: Title: Legal Office Administrator – County Attorney's Office Name: Debbie Allen 04/04/2018 9:07 AM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 04/04/2018 9:07 AM Approved By: Review: Transportation Engineering Kevin Hendricks Additional Reviewer Completed 04/04/2018 9:37 AM Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 04/04/2018 10:45 AM Transportation Engineering Jay Ahmad Additional Reviewer Completed 04/04/2018 10:56 AM Growth Management Department Debbie Allen Additional Reviewer Skipped 04/04/2018 11:01 AM Growth Management Department Lisa Taylor Additional Reviewer Completed 04/04/2018 11:23 AM Growth Management Department Debbie Allen Deputy Department Head Review Skipped 04/04/2018 9:05 AM Growth Management Department Jeanne Marcella Department Head Review Completed 04/04/2018 11:30 AM County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 04/04/2018 11:56 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/04/2018 12:00 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 04/04/2018 12:56 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/04/2018 2:35 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 04/04/2018 2:54 PM Board of County Commissioners MaryJo Brock Meeting Pending 04/10/2018 9:00 AM 16.K.5 Packet Pg. 1012 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNIY. FLORIDA - CIVIL ACTION COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, a political Subdivision of the State of Florida, Petrtioner STEVEN A EDWARDS, et al., Respondents Case No. 16-CA-1327 Parcel No.: 370RDUE Mediated Settlement Aqreement dated March 28. 2018 It is agreed by and between the undersigned as follows: 1. Settlement Amount: Collier County (COUNTY) shall pay the total sum of $ 105,000 to Defendant William Vines for the taking of parcel 370RDUE. parties. This payment is for full and final settlement of all outstanding claims. 2. COUNTY shall additionally pay the sum of $ 18,000 as and for attorney fees of Defendant William Vines. 3. COUNTY shall additionally pay $8,625 to Calhoun, Collister and Parham, Inc.. Inc. for real estate appraisal services and $7,330 to Barraco and Associates for engrneering and land planning services, as and for expert witness fees and costs. 4. Payment shall be made within 30 days of the County's receipt of a final judgment, with the County being given credit for all sums previously deposited in the Court Registry. 5. Additionally, this settlement is contingent upon the parties agreeing upon the location of a 30-foot wide commercial driveway. The driveway connection shall be constructed by the COUNTY as part of the project, and the Defendant shall allow reasonable access to the remainder as well as the area of taking so as to permit the construction. 6. This agreement is subject to entry of the final judgment, which judgment shall provide that the compensation in paragraphs numbered 1 through 3 shall be full and final compensation for the taking 7. The settlement set forth in this agreement is subject to, and contingent upon, the approval of the Board of County Commissioners of Collier County. The Office of the County Attorney will recommend to the Board of County Commissioners that this settlement be approved. 8. This is a mediated settlement agreement between the parties and shall not be used in evidence by any party for any purpose, except to enforce the terms thereof . 16.K.5.a Packet Pg. 1013 Attachment: Mediated Settlement Agreement - Parcel 370RDUE (5291 : Mediated Settlement Agreement - $105,000 - Parcel 370RDUE - 16-CA- 9. This agreement sets forth the entire understanding of the parties and no verbal or written warranties or representations have,been made or have been relied upon which do not appear in writing within this Agreement. 10.The mediator has provided the initial draft of this agreement to the parties and their counsel as a draft for their consideration. The parties acknowledge the mediator has not provided any legal advice, either during the course of the mediation or in connection with the negotiations and preparation of this agreement. The parties and their counsel have been free to add to, delete from, and to otherwise change the initial draft as they have seen fit. This agreement represents the memorialization of their intent. lN WITNESS WHEREOF, the parties have executed this Agreement on the date first stated above. Kenneth Attorney .J nes, Esq. or efendant William Vines (-' /iL- --, rI l)-,------ .- William Vines mily R. P Attorney for Collier County Robert Bosch Right of Way Acquisition Manager 16.K.5.a Packet Pg. 1014 Attachment: Mediated Settlement Agreement - Parcel 370RDUE (5291 : Mediated Settlement Agreement - $105,000 - Parcel 370RDUE - 16-CA- AERIAL – PARCEL 370RDUE GOLDEN GATE BLVD. PROJECT NO. 60145 EXISTING RIGHT-OF-WAY PER PLAT / PARCEL 370RDUE EXISTING RIGHT -OF-WAY PER PLAT 16.K.5.b Packet Pg. 1015 Attachment: Aerial photograph.vines Parcel 370RDUE (5291 : Mediated Settlement Agreement - $105,000 - Parcel 370RDUE - 16-CA-1327 -