Agenda 04/24/2018 Item #16K 404/24/2018
EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agreement in the amount of $27,000 for full
compensation for the taking of Parcel 413RDUE, plus $7,913.40 for statutory attorney fees, and
$4,500 for expert fees and costs, in the case styled Collier County v. Lourdes Perez Bello, et al., Case
No. 17-CA-1390 required for improvements to Golden Gate Blvd. (Project No. 60145). [Fiscal
Impact: $36,463.40]
OBJECTIVE: To settle full compensation owed for the taking of Parcel 413RDUE required for the road
widening of Golden Gate Blvd. from east of Everglades Blvd. to Faka Union Canal, Project No. 60145,
hereinafter referred to as the “Project.”
CONSIDERATIONS: On March 28, 2017, the Board of County Commissioners approved
Condemnation Resolution 2017-63 to acquire the necessary property to construct the Project. On
November 14, 2017, the County condemned Parcel 413RDUE and deposited a good faith estimate of
value of $3,120 into the Court Registry. Parcel 413RDUE is a 1,125 square foot road right-of-way,
drainage, and utility easement taken from improved property owned by Anthony and Marizol Tavarez.
The property owner’s appraiser estimated compensation in the amount $63,300, the majority of that
amount consisting of damages attributed to the loss of setback, and a change of location from now being
located on a 4-lane road. The residence in the after condition will be 105 feet from the right -of-way,
which the property owner’s appraiser opined results in some residual damage since it is only 5 feet from
the County’s appraiser’s threshold for severance damages. At mediation held April 9, 2018, the parties
agreed to full compensation for the property interest taken in the amount of $27,000. This settlement will
also require the County to pay $7,913.40 for statutory attorney fees and $4,500 in expert fees and costs.
If this settlement is approved, the County will be required to pay a total of $36,293.40 over the $3,120
already deposited into the Court Registry. A fee of $170 is required by t he Clerk for deposit of funds into
the Court Registry.
The County Attorney’s Office (CAO) and Transportation 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 $36,463.40 will be paid from gas taxes and/or impact fees
from Golden Gate Blvd. Project No. 60145. 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 $27,000 for full compensation of the taking of Parcel 413RDUE, plus $7,913.40 for statutory attorney
fees, and $4,500 for expert fees, and costs, in the case styled Collier County v. Lourdes Perez Bello, et al.,
Case No. 17-CA-1390, required for improvements to Golden Gate Blvd. (Project No. 60145).
Prepared by: Emily R. Pepin, Assistant County Attorney
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04/24/2018
ATTACHMENT(S)
1. Mediated Settlement Agreement - Parcel 413RDUE (PDF)
2. Aerial photograph of Parcel 413RDUE (PDF)
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04/24/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4
Doc ID: 5360
Item Summary: Recommendation to approve a Mediated Settlement Agreement in the amount of
$27,000 for full compensation for the taking of Parcel 413RDUE, plus $7,913.40 for statutory attorney
fees, and $4,500 for expert fees and costs, in the case styled Collier County v. Lourdes Perez Bello, et al.,
Case No. 17-CA-1390 required for improvements to Golden Gate Blvd. (Project No. 60145). [Fiscal
Impact: $36,463.40]
Meeting Date: 04/24/2018
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
04/12/2018 11:03 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
04/12/2018 11:03 AM
Approved By:
Review:
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 04/12/2018 11:11 AM
Growth Management Department Gene Shue Additional Reviewer Completed 04/12/2018 11:11 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 04/12/2018 11:21 AM
Transportation Engineering Robert Bosch Additional Reviewer Completed 04/12/2018 11:35 AM
Transportation Engineering Robert Bosch Additional Reviewer Completed 04/12/2018 11:36 AM
Growth Management Department Debbie Allen Deputy Department Head Review Skipped 04/12/2018 10:58 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 04/12/2018 1:41 PM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 04/13/2018 8:48 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/13/2018 9:10 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/13/2018 11:36 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 04/14/2018 11:48 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/16/2018 7:52 AM
Board of County Commissioners MaryJo Brock Meeting Pending 04/24/2018 9:00 AM
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COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS, a political suMivision
Of the State of Florida.
Petitioner,
LOURDES PEREZ BELLO, UNKNOWN TENANT,
ANTHONY J. TAVAREZ, MARIZOL TAVAREZ
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS. INC.. ET AL.
IN THE CIRCTJIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COLJNTY
FLORIDA
Case No: 201 7-CA- l 390
Parcel:4l3RDUE
Respondents.
MEDIATED SETTLEMENT AGREEMENT
/t P"' '
As a result of a Mediation Conference held on Msseh 9, 2018 the parties reached
the following Settlement Agreement contingenl upon the approval of the Collier County
Board of Commissioners:
I . Petitioner will pay to -Respondent, Anthony J. Tavarez and Marizol
Tavarez, the sum of $ 27 ?Tb .-in full senlement of all claims
for compensation from Petitioner whatsoever, including business damages, but excluding
attorney's fees, experts' t'ees, and costs.
2.In addition to the settlemgnt amg_ult referenced in Paragraph I of this
Agreement, Petitioner will pay $ A q/3. !9- in total anomey;s iees and attorney
litigation costs in this case, including fees related to monetary and non-monetary benefits
and supplemenul proceedings, if any.
3. ln addition to ferenced in Paragraph I of this
Agreement, Petitioner will pay in tolal experts' fees and costs in
this case.
4. Counsel for Petitioner and Respondent will jointly submit to the Court for
signature a mutually approved Stipulated Final Judgment in this matter as soon as
practical hereafter, but not prior to the satisfaction ofall conditions contained herein.
16.K.4.a
Packet Pg. 1242 Attachment: Mediated Settlement Agreement - Parcel 413RDUE (5360 : Mediated Settlement Agreement - $27,000 - Parcel 413RDUE - 17-CA-1390
5.Petitioner will pay Respondent the balance due of$
within thirty (30) days ofthe actual darc ofreceipt by the Petitioner's counsel ofa
conformed copy of the aforesaid Stipulated Final Judgnent from the Court.
6 Attached hercto is an addendum to this Agreement.
Yes /*o
7.
the parties.
h.it
This Agreement, datedlfui 9, 20 I I, contains all of the agreernants of
Petitioner, Collier Co. Robert Bosch
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Packet Pg. 1243 Attachment: Mediated Settlement Agreement - Parcel 413RDUE (5360 : Mediated Settlement Agreement - $27,000 - Parcel 413RDUE - 17-CA-1390
AERIAL – PARCEL 413RDUE
GOLDEN GATE BLVD. PROJECT NO. 60145
PARCEL 413RDUE
EXISTING RIGHT-OF-WAY PER PLAT
/
16.K.4.b
Packet Pg. 1244 Attachment: Aerial photograph of Parcel 413RDUE (5360 : Mediated Settlement Agreement - $27,000 - Parcel 413RDUE - 17-CA-1390 -Project