Agenda 04/09/2013 Item #16K2 4/9/2013 16.K.2.
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment for complete and final
settlement as to Parcels 174DE and 176DE, in the combined amount of$67,679.50, in the
lawsuit styled Collier County v. RJJ, LLP et al., Case No. 12-CA-1933 (US 41 Ditch/Naples
Manor Canal/LASIP Project No. 51101) (Fiscal Impact$33,479.50).
OBJECTIVE: That the Board approve a Stipulated Final Judgment for complete and final
settlement of all pending matters, for the taking of Parcels 174DE and 176DE, in Collier County
v. RJJ, LLP, et al., Case No. 12-CA-1933, US 41 Ditch/Naples Manor Canal/LASIP Project No.
51101.
CONSIDERATIONS:
Parcel 174DE: This parcel is a 1,627.5 square foot drainage easement, which the County
acquired to improve drainage flows as part of US-41 Ditch segment of the Lely Area Stormwater
Improvement Project (LASIP). Based on a valid appraisal, the County deposited $12,700 into
the court registry, representing the appraised estimate of full compensation for the parcel. That
amount was withdrawn by the property owner, RJJ, LLP, on October 25, 2012. The proposed
stipulated final judgment for this parcel includes an additional $6,000 in compensation, plus
statutory attorney fees of $1,980 (i.e., $6,000 x 33%). The proposed judgment also includes
payment of$6,000 for the property owner's two experts (representing approximately 90% of the
combined invoice amount of$6,593.50 for appraisal and engineering work).
Parcel 176DE: This parcel is a 2,730.7 square foot drainage easement, and was also acquired to
improve drainage flows as part of US-41 Ditch segment of the LASIP project. Based on a valid
appraisal, the County deposited $21,500 into the court registry, representing the appraised
estimate of full compensation for the parcel. That amount was withdrawn by the property owner,
13406 Cortez Boulevard Partnership, on October 25, 2012. The proposed stipulated final
judgment for this parcel includes an additional $10,150 in compensation, plus statutory attorney
fees of$3,349.50 (i.e., $10,150 x 33%). In addition, the proposed judgment includes payment of
$6,000 for the property owner's two experts (approximately 90% of the combined invoice
amount of$6,691.00 for appraisal and engineering work).
The total combined settlement payment for both parcels is $67,679.50, which consists of the
previously disbursed sum of$34,200,plus the following:
-$16,150 in additional compensation($6,000 for 174DE; $10,150 for 176DE).
-$ 5,329.50 in statutory attorney fees ($1,980 for 174DE; $3,349.50 for 176DE).
-$12,000 in expert fees for the two parcels ($6,000 for each parcel).
Staff finds this settlement to be reasonable and recommends approval, as the proposed judgment
is a complete global settlement which covers two owners, two parcels, two experts on each
parcel, and attorney fees for both parcels (both owners are represented by the same attorney).
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The County Attorney's Office has reviewed all considerations relating to this proposed
settlement, and has calculated in good faith this offer of full and complete settlement for the
property interests taken, including all costs and fees.
FISCAL IMPACT: Funds in the amount of$33,479.50 are available in the Stormwater Capital
Improvement Fund 325. The source of funds is ad valorem taxes.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, and requires a
majority vote for approval. -JW
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board approve the proposed Stipulated Final Judgment
described herein, as to Parcels 174DE and 176DE, and approve the expenditure of funds as
stated.
Prepared by: Jeff E. Wright, Assistant County Attorney
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.2.
Item Summary: Recommendation to approve a Stipulated Final Judgment for complete
and final settlement as to Parcels 174DE and 176DE, in the combined amount of$67,679.50, in
the lawsuit styled Collier County v. RJJ, LLP et al., Case No. 12-CA-1933 (US 41 Ditch/Naples
Manor Canal/LASIP Project No. 51101) (Fiscal Impact $33,479.50).
Meeting Date: 4/9/2013
Prepared By
Name:NeetVirginia
Title: Legal Assistant/Paralegal,County Attorney
3/29/2013 11:17:32 AM
Submitted by
Title: Assistant County Attorney,County Attorney
Name: WrightJeff
3/29/2013 11:17:33 AM
Approved By
Name: HendricksKevin
Title: Manager-Right of Way,Transportation Engineering
Date: 3/29/2013 11:40:43 AM
Name: KearnsAllison
Date: 4/2/2013 8:15:39 AM
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administr
Date: 4/2/2013 8:38:31 AM
Name: BishopMargaret
Title: Project Manager, Senior,Transportation Engineering
Date: 4/2/2013 9:26:57 AM
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Name: AhmadJay tea.
Title:Director-Transportation Engineering,Transportation Engineering&Construction Management
Date: 4/2/2013 2:06:00 PM
Name: KearnsAllison
Date: 4/2/2013 3:01:46 PM
Name: WrightJeff
Title:Assistant County Attorney,County Attorney
Date: 4/3/2013 12:03:31 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 4/3/2013 1:08:21 PM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management&B
Date: 4/3/2013 1:46:13 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 4/3/2013 3:07:26 PM
Name: OchsLeo
Title: County Manager
Date: 4/3/2013 3:15:20 PM
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, a political subdivision
of the State of Florida,
Petitioner, Case No.: 12-CA-1933
vs. Parcel No.: 174DE, 176DE
RJJ,LLP, et al.,
Respondents.
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STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondents,
RJJ, LLP and 13406 CORTEZ BOULEVARD PARTNERSHIP, (hereafter "Respondents"),by
and through its undersigned counsel for entry of a Stipulated Final Judgment as to Parcels
174DE and 176DE and it appearing to the Court that the parties are authorized to make such
motion, the Court finding that the compensation to be paid by Petitioner,COLLIER COUNTY,
FLORIDA, is the full compensation due Respondent, and the Court being otherwise fully
advised in the premises thereof, it is thereupon,
ORDERED AND ADJUDGED that Respondent RJJ, LLP have and recover from
Petitioner, COLLIER COUNTY, FLORIDA, the sum of Eighteen Thousand Seven Hundred
Dollars and No/100 ($18,700) and Respondent 13406 CORTEZ BOULEVARD
PARTNERSHIP have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of
Thirty-One Thousand Six Hundred Fifty Dollars and No/100 ($31,650) as full payment for
the property interests taken and for damages resulting to the remainder, if less than the entire
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properties were taken, business damages, and for all other damages in connection with said
Amok
parcels; it is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for
the good faith estimate of value previously deposited in the amounts of Twelve Thousand Seven
Hundred Dollars and No/100 ($12,700) for Parcel 174DE and Twenty-One Thousand Five
Hundred Dollars and No/100 ($21,500) for Parcel 176DE; it is further
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall
pay an additional Six Thousand and No/100 Dollars ($6,000) to Respondent, RJJ, LLC for
Parcel 174DE, and an additional Ten Thousand One Hundred Fifty Dollars and No/100
($10,150) to Respondent, 13406 CORTEZ BOULEVARD PARTNERSHIP for Parcel 176DE,
exclusive of attorney's fees, expert fees and costs; it is further
ORDERED that Petitioner shall pay to GAYLORD MERLIN LUDOVICI & DIAZ the
sum of One Thousand Nine Hundred Eighty Dollars and No/100 ($1,980.00) for statutory ow
attorney's fees regarding Respondent RJJ, LLC for Parcel 174DE shall be awarded to
Respondent; it is further
ORDERED that Petitioner shall pay to GAYLORD MERLIN LUDOVICI & DIAZ the
sum of Three Thousand Three Hundred Forty-nine Dollars and 50/100 ($3,349.50) for
statutory attorney's fees regarding Respondent 13406 CORTEZ BOULEVARD PARTNERSHIP
for Parcel 176DE shall be awarded to Respondent; it is further
ORDERED that expert fees shall be awarded to Respondent RJJ, LLC for Parcel 174DE
for engineering and appraisal experts in the amount of Six Thousand Dollars and No/100
($6,000.00); it is further
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ORDERED that expert fees shall be awarded to Respondent 13406 CORTEZ
BOULEVARD PARTNERSHIP for Parcel 176DE for engineering and appraisal experts in the
amount of Six Thousand Dollars and No/100($6,000.00)
ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final
Judgment entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the
total amount of Thirty-three Thousand Four Hundred Seventy-nine and Dollars and 50/100
($33,479.50) to Gaylord Merlin Ludovici & Diaz, do Lorena Hart Ludovici, Esq., 5001 West
Cypress Street, Tampa, Florida 33602 for the benefit of Respondents, RJJ, LLP and 13406
CORTEZ BOULEVARD PARTNERSHIP, as described herein,
ORDERED that title to Parcels 174DE and 176DE, Drainage Easements, being fully
described in Composite Exhibit "A" attached hereto and incorporated herein, which vested in
Petitioner, COLLIER COUNTY, FLORIDA, pursuant to the Order of Taking dated September
28, 2012, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is
further
ORDERED that this Court reserves jurisdiction to enforce the terms of this Stipulated
Final Judgment; it is further
ORDERED that this Stipulated Final Judgment is subject to approval by the Board of
County Commissioners of Collier County,Florida; it is further
ORDERED that the Notice of Lis Pendens filed in this action and recorded in Official
Record Book 4799, Page 3952 et seq., of the Public Records of Collier County, Florida be
dismissed as to Parcels 174DE and 176DE; it is further
ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records
of Collier County,Florida; it is further
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ORDERED that this Order disposes of all claims arising out of the taking of Parcels
174DE and 176DE that have or could have been asserted in this cause; it is therefore
DONE AND ORDERED in Chambers at Naples, Collier County, Florida this day
of , 2013.
CYNTHIA A. PIVACEK
Circuit Court Judge
Conformed Copies:
Jeff E.Wright,Esquire
Lorena Hart Ludovici,Esquire
Chinese Drywall Experts Management,LLC
Kevin Hendricks,Acquisition Mgr/Transp.
Bookkeeping
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JOINT MOTION FOR STIPULATED FINAL JUDGMENT
The parties hereby stipulate and respectfully request this Court to enter the foregoing
Stipulated Final Judgment as to Parcels 174DE and 176DE.
/- /dLA
/3 Dated:
' ORE /7 H: V% l e ICI JEFF E. WRIGHT
Florida : •+ 10. 847062 Florida Bar No. 20203
GAYLORD MERLIN LUDOVICI&DIAZ ASSISTANT COUNTY ATTORNEY
5001 West Cypress Street Harmon Turner Building
Tampa,Florida 33607 3299 East Tamiami Trail-Ste. 800
(813)221-9000-Telephone Naples, Florida 34112
(813) 221-9030-Facsimile (239)252-8400 -Telephone
ATTORNEY FOR RESPONDENTS,RJJ, (239)252-6300 -Facsimile
LLC and 13406 CORTEZ BOULEVARD ATTORNEY FOR PETITIONER
PARTNERSHIP
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