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Agenda 07/09/2013 Item #16A 4 7/9/2013 16.A.4. EXECUTIVE SUMMARY Recommendation to approve a Mediated Settlement Agreement with property owner, Luis Del Risco, and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement as to full and final compensation in the amount of$68,000, and attorney fees and expert witness costs in the combined amount of$38,762 for Parcel 127RDUE in the lawsuit styled Collier County v. Annette Pocchi, et al., Case No. 10-2682-CA (Collier Boulevard Project#68056). (Fiscal Impact: $52,332). OBJECTIVE: That the Board of County Commissioners (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 as to full and final compensation and attorney fees and expert fees costs for the taking of Parcel 127RDUE in the lawsuit styled Collier County v. Annette Pocchi, et al., Case No. 10-2682-CA, Collier Boulevard Project#68056. CONSIDERATIONS: Parcel 127RDUE is a 10,800 square foot right of way, drainage, and utility easement taken from the south 60 feet of the front yard along White Boulevard. Located within the taking area is a four foot high decorative masonry wall, pines, palms, a variety of smaller bushes and sod. It is required as part of the Collier Boulevard Project#68056. On June 19, 2008, a statutory purchase offer for Parcel 127RDUE was tendered to property owner Luis Del Risco in the amount of $74,100. By May 2009, we were able to reach an agreement with the owner's attorney for a purchase price of$85,500 (or 15.4% above the offer amount) with modest amounts to be paid to the expert witnesses employed by the owner. However, a title search was performed which revealed that a Lis Pendens had been filed against the property by Deutsche Bank National Trust Company to initiate foreclosure proceedings, and the Bank would not consent or subordinate its interests in the property, thereby preventing us from closing with Mr. Del Risco. In August 20, 2010, in anticipation for a proceeding in eminent domain, a second appraisal of the property revealed a reduction in value of the property since 2008 to $54,600. On October 7, 2010, by Order of Taking, Collier County condemned Parcel 127RDUE and deposited the required $54,600 into the Court Registry. A case management conference was held before the court on October 31, 2012, to resolve outstanding issues and to establish a plan to resolve the case; and on November 19, 2012 the judge issued an order for the parties to exchange appraisals and to schedule mediation. The judge also ordered representatives from Deutsche Bank to attend the mediation owing to the significant interest they held in the real estate and owing to the fact that their refusal to cooperate previously had confounded the negotiated closing. Deutsche Bank failed to send any representatives to the mediation held on May 31, 2013. Going into mediation, the property owner's position as to full compensation was $110,700, with invoices for expert witness services totaling $35,161.25 and an anticipated fee for the property owner's attorney of$19,800. Packet Page-334- 7/9/2013 16.A.4. Through the mediation that was held on May 31, 2013, the parties have reached an agreement to pay the owner $68,000 as full and final settlement of all claims relating to compensation, including statutory interest, real estate severance damages, and business damages for the taking of Parcel 127RDUE. The Mediated Settlement Agreement also provides for full settlement of attorney's fees and litigation costs, including fees related to monetary and non-monetary benefits and supplemental proceedings in the amount of $11,762, and for full settlement of all expert witness costs in the amount of$27,000. Furthermore, Collier County is entitled to a credit in the amount of$54,600 already deposited into the court registry. 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: $13,400.00 Attorney Fees: $11,762.00 Expert Fees: $27,000.00 Deposit Fee to Clerk of Court (if any) $ 170 TOTAL $52,332.00 FISCAL IMPACT: Funds in the amount of$52,332 will come from impact fees. 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: That the Board approves the Mediated Settlement Agreement, and approves the expenditure and disbursement of funds as stated. Prepared by: Kevin Hendricks,Right-of-Way Acquisition Manager Attachments: (1) Mediated Settlement Agreement; (2) Location Map; and (3) Aerial Photograph of Del Risco Property; and (4) Legal Description and Sketch of Parcel 127RDUE. Packet Page-335- 7/9/2013 16.A.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.4. Item Summary: Recommendation to approve a Mediated Settlement Agreement with property owner, Luis Del Risco, and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement as to full and final compensation in the amount of$68,000, and attorney fees and expert witness costs in the combined amount of$38,762 for Parcel 127RDUE in the lawsuit styled Collier County v. Annette Pocchi, et al., Case No. 10-2682-CA (Collier Boulevard Project#68056). (Fiscal Impact: $52,332). Meeting Date: 7/9/2013 Prepared By Name: HendricksKevin Title:Manager-Right of Way,Transportation Engineering 6/5/2013 1:45:41 PM Approved By Name: TaylorLisa Title:Management/Budget Analyst,Transportation Administr Date: 6/5/2013 3:14:20 PM Name: KearnsAllison Date: 6/14/2013 10:24:51 AM Name: LynchDiane Title: Administrative Assistant Date: 6/14/2013 5:43:35 PM Name: ShueGene Date: 6/14/2013 6:36:59 PM Name: AhmadJay Title: Director-Transportation Engineering,Transportation Engineering&Construction Management Date: 6/20/2013 9:03:43 AM Name: PepinEmily Packet Page-336- 7/9/2013 16.A.4. Title: Assistant County Attorney, CAO Litigation Date: 6/21/2013 12:11:02 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 6/26/2013 11:29:00 AM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 6/27/2013 1:42:47 PM Name: KlatzkowJeff Title: County Attorney Date: 6/28/2013 8:40:45 AM • Name: OchsLeo Title: County Manager Date: 6/30/2013 4:03:36 PM Packet Page-337- 7/9/2013 16.A.4. 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, Petitioner, Case No.-. 10-2682-CA Parcel No.: 127RDUE v. ANNETTE POCCHI, et al. Respondents. MEDIATED SETTLEMENT AGREEMENT At the Mediation Conference held on May 31, 2013,the parties reached the following Settlement Agreement: 1. Petitioner will pay to Respondent, Luis Del Risco, the sum of $68,000.00 in full settlement of all claims for compensation from Petitioner whatsoever, including statutory interest and all claims related to real estate and business damages, if any, but excluding attorney's fees, experts' fees, and costs. The settlement sum will be subject to claims of apportionment, if any, by any judgment creditors,mortgagees and lien holders named in this action. Petitioner previously deposited in the Registry of the Court in this case the sum of$54,600.00. Upon the entry of the Stipulated Final Judgment in this matter, Petitioner will deposit in the Registry of the Court the sum of$13,400.00, representing the difference between the total settlement sum referenced above and Petitioner's previous deposit referenced above. 2. In addition to the above-referenced settlement sum, Petitioner will pay to the trust account of Respondent's attorney the sum of$11,762.00 in full settlement and satisfaction of all attorney's fees and attorney's litigation costs, including fees related to monetary benefits, non-monetary benefits and supplemental proceedings, if any, in this case. 3. In addition to the above-referenced settlement sum and the above- referenced attorney's fees and attorney's litigation costs, Petitioner will pay to the trust account of Respondent's attorney the sum of$27,000.00 in full settlement and satisfaction of all expert witness costs incurred by Respondent in this case. Packet Page-338- 7/9/2013 16.A.4. Packet Page -339- 7/9/2013 16.A.4. 4. This Settlement Agreement is subject to and conditioned upon final review and approval by the Collier County Board of County Commissioners. Said review shall occur on or before July 9, 2013. 5. 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. 6. The Court's Order entered pursuant to the Case Management Conference on November 19, 2012, required the first mortgage holder, Deutsche Bank National Trust Company("Deutsche Bank"),to attend and participate in the mediation conference.. A Notice of Mediation Conference dated April 9, 2013, was forwarded by counsel for Respondent Del Risco by US Mail and by email to Deutsche Bank and its counsel. Deutsche Bank failed to attend the mediation conference. This Settlem- Agreement, dated May 31, 2013, contains all of the agreements of the partie "XL L-111/Ve-t-CC:/1 .A Kevi endri"s -111. Meredith S. Delcamp, Esq. on behalf of on behalf of 'etitioner, Collier County Respondent, Luis Del Risco el<3-1/v\ -47)/LACD_ Le-v{J Emily R. !e.fn, Esq. Meredith-S. Delcamp, Esq. Attorney for Petitioner Attorney for Respondent /(11‘ William B. Smith, Esq. Mediator Packet Page-340- 7/9/2013 16.A.4. 1 Packet Page -341- 7/9/2013 16.A.4. LOCATION MAP SHOWING DEL RISCO PROPERTY n AV E V 0 S. w ji- cr [ - LL 0 J Ln L °7 LheBLV)jo/ ( i b 4 r3 • V 11th rE SW Packet Page-342- 7/9/2013 16.A.4. AERIAL PHOTO SHOWING THE TAKING FROM THE DEL RISCO PROPERTY ,nom e Y�, -x uw s ■ • p a� w �r µ ''Asa �..� - ,34 s� 3tic •R �s f�6 14 . , ...,,,I1 -,,,,.9,-,,,. ,:..... 7. , 4 .,. ,. K h k r �, €Syx Ys mm °,, . .•, 3• AA NORTH t , , t ..` "70 1.` WHITE BOULEVARD ' 0 ,. . .. ' ,. .- 4*,.. il tr� w , 3 A Packet Page -343- 1 _ - ' 7/9/2013 16.A.4. I— N . W "—i E 7....' S EX IBIT /4 Pag 4 of I.3 TRACT 126 GOLDEN GATE ESTATES TRACT 1 65. UNIT 27 PLAT BOOK 7, PAGE 17 • EAST 180' TRACT 126 DEL RISCO RODRIGUEZ OR 4069/1417 OR 2700/2776 PROPOSED ROADWAY EASEMENT PARCEL 127RDUE 10,800 SQ. FT. WOV#ITIN4 .1 1 ; .. ,4 \ 4 -- . _ 45+00 46+00 '— - �� /t.+OD 49+00 50+00 I i I i i I WHITE BOULEVARD DR = OFFICIAL RECORDS (BOOK/PAGE) PERPETUAL,NON-EXCLUSIVE yam. ROAD RIGHT-OF-WAY,O�INAGE 7 PROPOSED ROADWAY, DRAINAGE, AND UTILITY EASEMENT (RDUE) AND UTILITY EASEMENT j�j EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE �'—._.r3 OF THE PUBLIC PER PLAT BOOK 7, PAGE 17 LEGAL DESCRIPTION FOR PARCEL 127RDUE A PORTION OF TRACT 126, GOLDEN GATE ESTATES, UNIT 27 AS RECORDED IN PLAT BOOK- 7 1 P E 1 0 ';7HE , t bl �i; .I. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTIONS 11 AND 14, TOWNSHIP'49'FSDLiTH,:,R■NQE '26' EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. .'�'., ,..s.. ' ' THE NORTH 60 FEET OF THE SOUTH 90 FEET OF THE EAST 180 FEET OF SAID TRACT;i SO I;) {1f i r CONTAINING 10,800 SQUARE FEET, MORE OR LESS. jJ ' 0 4p BO ::::/',1 r" /'j' ,, • 7 KETCH & DESCRIPTION ONLY a�� 18D °Y` OT A BOUNDARY SURVEY —� �� C `L^`W'ARD.,9ROFESaitlIk* ,;,4D•SU OR FLORIDA REGISTRATION CERTIFL3A7E;Nu:EMI SCA1E:I"—a0' SIGNING DATE; ' " OR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS I' ■ NOT VALO WEfHOtrt THE ORIGINAL StGNATDRE i @+RA15EC EN:A5EE0 5iAL OF A FLUR:UA REC;SrcTicD PROFESSIONAL 9t1kVElDP.ANU MAOPER. :OLLIER BOULEVARD DIA/TANG IKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY Planning Visualization 'ARCEL 127RDUE coNSULrzrro crvu ,g Z t Park IL A. Surveying&M"PRiGC :OILIER COUNTY, FLORIDA 6610 Willow Park Dr ve,Belle 200 Naples,Florida 94109 Phone:12391597.0575 FAX:(239)597-0578 • LB No.:6952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE )106.00,01 0001 REV r2 14 SCALE DATE DRAWN BY FILE NAME SHEET 49 26 Packet Page-344- S.D.L. UN27 SK127RDUE 1 OF 1