Agenda 06/25/2013 Item #16A 36/25/2013 16.A.3.
EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agreement with property owner, Luis
Pineros, and a Stipulated Final Judgment to be drafted incorporating the same terms and
conditions as the Mediated Settlement Agreement, awarding compensation, inclusive of all fees
and costs, in the amount of $54,900 for Parcel 204RDUE in the lawsuit styled Collier County v.
Joseph Noel, et al., Case No. 07- 3200 -CA (Oil Well Road Project #60044). (Fiscal Impact:
$46,670).
OBJECTIVE: That the Board approve a Mediated Settlement Agreement with property owner,
Luis Pineros, and a Stipulated Final Judgment to be drafted incorporating the same terms and
conditions as the Mediated Settlement Agreement, awarding compensation, inclusive of all fees and
costs, for the taking of Parcel 204RDUE in the lawsuit styled Collier County v. Luis Pineros., et al.,
Case No. 07- 3200 -CA, Oil Well Road Project #60044.
CONSIDERATIONS: On June 29, 2007, a statutory purchase offer for Parcel No. 204RDUE was
tendered to property owner, Luis Pineros, in the amount of $23,860. On January 4, 2008, by Order
of Taking, Collier County condemned Parcel 204RDUE, and deposited the updated compensation
amount of $8,400 into the Court Registry. The market value of the property had dropped
significantly since the date of the original real estate appraisal. Parcel 204RDUE, containing 0.241
acres, is a right of way, drainage, and utility easement measuring 150' x 70' along Everglades Blvd.
The concerns raised by the owner relate to valuation of the property, and damages to the remainder
from the widened road. The owner's position at the inception of the mediation was that he should
receive $70,500 ($22,400 for the easement itself and another $48,100 in severance damages to the
remainder property for being placed on a four lane divided highway that the County might later
widen to six lanes in the right -of -way being taken). Through negotiations and a mediation that was
held on March 15, 2013, the parties have reached an agreement to pay the owner a grand total of
$54,900 inclusive of the original deposit of $8,400, and inclusive of all attorney fees and expert
witness 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: $ 46,500
Clerk's Service Fee for deposit into the court registry 170
TOTAL $ 46,670
FISCAL IMPACT: Funds in the amount of $46,670 will come from impact fees.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
this Executive Summary.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. This item requires
a majority vote. -JW
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6/25/201316.A.3.
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: Kevin Hendricks, Right -of -Way Acquisition Manager
Attachment: Mediated Settlement Agreement
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6/25/2013 16.A.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.3.
Item Summary: Recommendation to approve a Mediated Settlement Agreement with
property owner, Luis Pineros, and a Stipulated Final Judgment to be drafted incorporating the
same terms and conditions as the Mediated Settlement Agreement, awarding compensation,
inclusive of all fees and costs, in the amount of $54,900 for Parcel 204RDUE in the lawsuit
styled Collier County v. Joseph Noel, et al., Case No. 07- 3200 -CA (Oil Well Road Project #60044).
(Fiscal Impact: $46,670).
Meeting Date: 6/25/2013
Prepared By
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
5/23/2013 2:50:04 PM
Approved By
Name: TaylorLisa
Title: Management/Budget Analyst ,Transportation Administr
Date: 5/23/2013 3:50:04 PM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 5/29/2013 10:20:13 AM
Name: LynchDiane
Title: Administrative Assistant
Date: 5/31/2013 12:34:18 PM
Name: KearnsAllison
Date: 6/5/2013 2:00:31 PM
Name: ShueGene
Date: 6/5/2013 3:00:34 PM
Name: MarcellaJeanne
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6/25/2013 16.A.3.
Title: Executive Secretary,Transportation Planning
Date: 6/6/2013 11:27:13 AM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 6/7/2013 2:24:18 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/12/2013 2:26:35 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 6/17/2013 10:06:39 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 6/17/2013 11:35:57 AM
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6/25/2013 16.A.3.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL DIVISION
COLLIER COUNTY, FLORIDA a
Political subdivision of the State of Florida,
Petitioner Case No: 07- 3200 -CA
JOSEPH NOEL, et al., Parcel No. 204RUE
Respondents/
MEDIATED SETTLEMENT AGREEMENT
At a Mediation Conference held on March 15, 2013, the parties reached the
following Settlement Agreement.
1. Petitioner will pay to Defendant, Bankruptcy Trustee for LUIS PINEROS,
the sum of $54,900 in full settlement of all claims for compensation from Petitioner
whatsoever, including statutory interest, inclusive of attorney's and expert's fees and
costs. Said sum will be subject to claims of apportionment, if any.
2. Petitioner is entitled to a credit in the amount of $8,400 for Parcel
204RUE, which was previously deposited in the registry of the Court in this case by
Petitioner.
3. Counsel for Petitioner and Defendant will jointly submit to the Court for
signature a mutually approved Stipulated Final Judgment in this matter as soon as
practical hereafter which will breakdown the allocation of the award between client funds
and fees and costs.
4. Petitioner will pay Defendant the balance due of $46,500 within thirty (30)
days of the actual date of receipt by Petitioner's counsel of a conformed copy of the
aforesaid Stipulated Final Judgment from the Court.
5. This Settlement Agreement is conditioned upon final approval by Collier
County Board of County Commissioners and subsequent approval of the Bankruptcy
Court.
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6/25/2013 16.A.3.
6. Attached hereto is an addendum to this agreement: X Yes — No.
7. This agreement dated March 15, 2013 and attached addendum, if any,
contain(s) all of the agreements of the parties.
ff 4. Wright, Esq.
A ey for Petitio-u�
Andrew G. Diaz, Esq.
Mediator
Defendant
Tracy Starrett, as appointee for Trustee
^;,. � -� i •� <c.�i.: cif
Tracy Starrett, Esq.
Attorney for Defendant
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6/25/2013 16.A.3.
ADDENDUM
This settlement is made subject to the following additional conditions:
In the event there is an apportionment hearing Defendant agrees to cap counsel fees and
costs at $2,000.
f
Defendant
Tracey Starrett, as appointee for Trustee
r i eP f � 512 - •Gu
Tracey Starrett, Esq.
Attorney for Defendant
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AERIAL PHOTO LOCATION MAP SHOWING PINEROS PROPERTY
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