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Agenda 02/26/2013 Item #16K12/26/2013 16.K.1. EXECUTIVE SUMMARY Recommendation to approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement awarding full compensation, attorney fees and expert fees and costs in the amount of $101,286.30 for Parcels 156DE and 156TCE in the lawsuit styled Collier County v. Max Cap, Inc., et al., Case No. 12 -CA -1749 (US 41 Ditch/Naples Manor Canal/LASIP Project #51101). (Fiscal Impact: $68,656.30). OBJECTIVE: That the Board approves a Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement awarding full compensation, attorney fees and expert fees and costs for the taking of Parcels 156DE and 156TCE in the lawsuit styled Collier County v. Max Cap, Inc., et al., Case No. 12 -CA -1749, US 41 Ditch/Naples Manor Canal/LASIP Project #51101. CONSIDERATIONS: The County acquired a 4,143 square foot drainage easement and a 58 square foot temporary construction easement from property owner, Max Cap, Inc., by entry of an Order of Taking on September 28, 2012 and subsequently depositing the amount of $32,800 into the Court registry. The property is being acquired for the purpose of constructing the improvements proposed as part of the US -41 Ditch segment of the Lely Area Stormwater Improvement Project located in East Naples, and for providing government access to the improvements, for the benefit of the public, to alleviate flooding in the East Naples area. At mediation held on January 29, 2013, the property owner, Max Cap, Inc., offered to settle for $115,500 exclusive of attorney fees and expert fees and costs. Through negotiations, the parties reached an agreement wherein the County would pay the property owner the total amount of $101,286.30 inclusive of full compensation, all attorney fees and expert fees and costs. Staff recommends this settlement because it is reasonable and the County is not expected to achieve better results at trial. If approved, the County will be responsible for the following costs: Additional amount owed: $ 68,486.30 Attorney fees: Included Expert fees: Included Clerk's service fee: $ 170.00 TOTAL $ 68,656.30 Attached is the Mediated Settlement Agreement providing for the above - stated funds. FISCAL IMPACT: Funds in the amount of $68,656.30 are available in the Stormwater Capital Improvements Program, Fund 325. Source of funds are ad valorem taxes. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. This item requires a majority vote. (ERP) RECOMMENDATION: That the Board of County Commissioners approves the Mediated Settlement Agreement; approves the Stipulated Final Judgment which incorporates the terms and conditions of the Mediated Settlement Agreement to be presented to the Court for entry; and approves the expenditure and disbursement of funds as stated. PREPARED BY: Emily R. Pepin, Assistant County Attorney Attachment: Mediated Settlement Agreement Packet Page -2175- 2/26/2013 16.K.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.1. Item Summary: Recommendation to approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement awarding full compensation, attorney fees and expert fees and costs in the amount of $101,286.30 for Parcels 156DE and 156TCE in the lawsuit styled Collier County v. Max Cap, Inc., et al., Case No. 12 -CA -1749 (US 41 Ditch /Naples Manor Canal /LASIP Project #51101). (Fiscal Impact: $68,656.30). Meeting Date: 2/26/2013 Prepared By Name: CrotteauKathynell Title: Legal Secretary,County Attorney 2/13/2013 10:08:57 AM Approved By Name: TavlorLisa Title: Management/Budget Analyst,Transportation Administr Date: 2/13/2013 12:03:52 PM Name: HendricksKevin Title: Manager - Right of Way,Transportation Engineering Date: 2/13/2013 2:37:45 PM Name: ShueGene Date: 2/13/2013 2:48:09 PM Name: AhmadJay Title: Director - Transportation Engineering,Transportation Engineering & Construction Management Date: 2/14/2013 12:05:28 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 2/14/2013 1:21:09 PM Packet Page -2176- Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 2/14/2013 1:54:39 PM Name: KlatzkowJeff Title: County Attorney Date: 2/14/2013 5:00:32 PM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 2/15/2013 11:53:40 AM Name: OchsLeo Title: County Manager Date: 2/15/2013 12:27:24 PM Packet Page -2177- 2/26/2013 16.K.1. 2/26/2013 16.K.1. 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, Case No. 12 -CA -1749 Petitioner, V. Parcel Nos.: 156DE, 156TCE MAX CAP INC., et al. Respondents. MEDIATED SETTLEMENT AGREEMENT At the Mediation Conference held on January 29, 2013, the parties reached the following Settlement Agreement: 1. Petitioner will pay to Respondent, Max Cap, Inc., the sum of $101,286.30 in full settlement of all claims for compensation from Petitioner whatsoever, including all claims related to real estate, attorney's fees, and experts' fees and costs. Said sum will be subject to claims of apportionment, if any. Petitioner previously deposited the sum of $32,800.00 in the Registry of the Court in this case. Upon the entry of the Stipulated Final Judgment in this matter, Petitioner will deposit in the Registry of the Court the sum of $68,486.30, 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. 4. Attached hereto is an addendum to this Settlement Agreement. Yes X No Packet Page -2178- This Settlement.�Keement, dated r Pbehalf of Petitioner, Collier Cotes Emily R. P in, Esq. Attorney for Petitioner r William B. Smith, Esq. Mediator 2/26/2013 16.K.1. 292013, contains all of the agreements of the Ronald D. Hilton on behalf f esponde M Inc. William P. Blade, Esq. Attorney for Respondent Packet Page -2179-