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Agenda 04/24/2018 Item #16K 504/24/2018 EXECUTIVE SUMMARY Recommendation to approve two Mediated Settlement Agreements in the total amount of $202,052 for full compensation for the taking of Parcels 314RDUE and 325RDUE, including statutory attorney fees, and expert fees and costs, in the case styled Collier County v. CKC Property Holdings, LLC, et al., Case No. 16-CA-1242 required for improvements to Golden Gate Blvd. (Project No. 60145). [Fiscal Impact: $90,622] OBJECTIVE: To settle full compensation owed for the taking of Parcels 314RDUE and 325RDUE required for the road widening of Golden Gate Blvd. from 20th Street E. to Everglades Blvd., Project No. 60145, hereinafter referred to as the “Project.” CONSIDERATIONS: On April 26, 2016, the Board of County Commissioners approved Condemnation Resolution 2016-87 to acquire the necessary property to construct the Project. On March 13, 2017, the County condemned Parcels 314RDUE and 325RDUE and deposited into the Court Registry its good faith estimates of value of $60,900 and $50,700, respectively, bringing the total amount deposited to $111,600. Both Parcels were acquired from property owned by CKC Property Holdings, LLC and both properties had residences located on the parent tract. The County’s appraiser opined that the value of both residences would be damaged by their respective setbacks to the new right-of-way line. Parcel 314RDUE is a perpetual, road right-of-way drainage and utility easement containing 2,625 square feet. The taking will reduce the setback to the existing residence from 80 feet to 45 feet which will render the residence legally non-conforming per the Land Development Code since the required setback is 75 feet. The property owner’s appraiser estimated compensation in the amount of $108,000, exclusive of attorney’s and expert’s fees and costs, most of that amount consisting of severance damages because of the reduced setback and a cost to cure required to reestablish a driveway, construct a gravity wall to protect the septic system and plant a landscaping buffer. Parcel 325RDUE is a perpetual, road right-of way drainage and utility easement containing 1,500 square feet. This taking will reduce the setback to the existing residence from 100 feet to 80 feet. The property owner’s appraiser estimated compensation in the amount of $88,000, exclusive of attorney’s fees and expert fees and costs, mostly consisting of severance damages and a cost to cure for the replacement of a landscaping buffer. At mediation held April 11, 2018, the parties agreed to final compensation for both Parcels as follows: Parcel 314RDUE Land taken (including severance damages) $87,500 Statutory attorney fees: $12,969 Negotiate expert fees: $12,255 Total: $112,724 Parcel 325RDUE Land taken (including severance damages): $66,000 Statutory attorney fees: $10,428 Negotiated expert fees: $12,900 Total: $89,328 If the settlements are approved, the County will be required to pay $90,452 over the $111,600 previously 16.K.5 Packet Pg. 1245 04/24/2018 deposited into the Court Registry. A fee of $170 is required by the 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 Agreements 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 $90,622 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 two Mediated Settlement Agreements in the total amount of $202,052 for full compensation of the taking of Parcels 314RDUE and 325RDUE, in the case styled Collier County v. CKC Property Holdings, LLC, et al., Case No. 16-CA-1242, required for improvements to Golden Gate Blvd. (Project No. 60145). Prepared by: Emily R. Pepin, Assistant County Attorney ATTACHMENT(S) 1. Mediated Settlement Agreements.parcels 314 and 325 (PDF) 2. Aerial Photograph.parcel 314rdue (PDF) 3. Aerial Photograph parcel 325rdue (PDF) 16.K.5 Packet Pg. 1246 04/24/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.5 Doc ID: 5368 Item Summary: Recommendation to approve two Mediated Settlement Agreements in the total amount of $202,052 for full compensation for the taking of Parcels 314RDUE and 325RDUE, including statutory attorney fees, and expert fees and costs, in the case styled Collier County v. CKC Property Holdings, LLC, et al., Case No. 16-CA-1242 required for improvements to Golden Gate Blvd. (Project No. 60145). [Fiscal Impact: $90,622] Meeting Date: 04/24/2018 Prepared by: Title: Legal Office Administrator – County Attorney's Office Name: Debbie Allen 04/13/2018 9:04 AM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 04/13/2018 9:04 AM Approved By: Review: Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 04/13/2018 10:50 AM Growth Management Department Lisa Taylor Additional Reviewer Completed 04/13/2018 11:11 AM Transportation Engineering Robert Bosch Additional Reviewer Completed 04/13/2018 11:19 AM Growth Management Department Gene Shue Additional Reviewer Completed 04/13/2018 11:25 AM Transportation Engineering Kevin Hendricks Additional Reviewer Completed 04/13/2018 3:02 PM Growth Management Department Debbie Allen Deputy Department Head Review Skipped 04/13/2018 9:01 AM County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 04/13/2018 4:50 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 04/15/2018 10:21 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/16/2018 7:50 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/16/2018 8:35 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 04/16/2018 11:03 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/16/2018 11:37 AM Board of County Commissioners MaryJo Brock Meeting Pending 04/24/2018 9:00 AM 16.K.5 Packet Pg. 1247 IN THE CIRCUIT COURT FOR THE 2OTH IUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, a politica I subdivision of the State of Florida, Petitioner vs- CKC PROPERTY HOLDINGS, LLC; INSOUTH BANK; UNKONWN TENANTS, if any et al Resoondents Case NO: L6-C -1242 PARCELS: 314R0UE#Err MEDIATED SETTLEMENT AGREEMENT At a Mediation Conference held on the 1lth day of April 2018 at 10:00 a.m., the parties reached the followinB Settlement ABreement: ]- Petitioner will pay to Respondent(s), CKC Property Holdings, LLC the sum of S //'(t714, aa ,infull settlementofall claims for compensation from Petitioner whatsoever. including attorney's fees, expert fees, costs and expenses. 2. Petitioner is entitled to a credit in the amount of S_lL2 7oo-t:o which was deoosited previously in this case by Petitioner and received by Respondent(s). 3. Counsel for Petitioner and Respondent(s) willjointly submit to the Court for execution a mutually approved form of final disposition of this matter as soon as practical, hereafter. The Judgment shall reflect that this settlement is based upon the construction plans either entered into evidence at the hearing on the Order of Taking or otherwise furnished to Respondent{s)- 4. Petitioner will pay Respondent(s) the balance due oI 5 5'/, .8Jq, cs'within 30 days of the actual date of receipt by Petitioner's counsel of a conformed copy of the final disposition from the Court. PARTIES. NO OTHER AGREEMENT EXISTS AS TO THE DISPOSITION OF THIS CAsE. Attorney ktc$.u- t .uii- keaNg YJ^|c^), LJ-f Attached hereto is an addendum to this Agreement: llYes -tto. THIS AGREEMENT (ANO ADDENDUM, IF ANY} CONTAIN(S} AtL OF THE AGREEMENT(S) OF THE V | -t'Q a-- / Mediator Respondent 16.K.5.a Packet Pg. 1248 Attachment: Mediated Settlement Agreements.parcels 314 and 325 (5368 : Mediated Settlement Agreements - $202,052 - Parcels 314RDUE and IN THE CIRCUIT COURT FOR THE 2OTH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of the STATE OF FLORIDA, Petitioner CKC PROPERTY HOLDINGS, LLC; INSOUTH BANK; UNKNOWN TENANTS, if any; ET AL Respondents Case No: 16-CA-1242 PARCELS: 314RDUE.d AODENDUM TO MEDIATED SETTLEMENT AGREEMENT Pursuant to the Mediation conference held on the 11th day of April 2018 at 10:00 a.m., the parties have agreed to the following: '/! .u-.rrl ffn 6 t:'tv T <- vl 1?,t u,'t-Jf 7/ Trli rJctt,lD L/: (.(t/.t 71 ( ! ttttut I Yat L',/\'/:, t,l - cw ' leanc r92.1-1X-/ ) ag/ . ttorneV f P,totlAil-z,WH :i' Plf',.t * *^71t*.t, U-?. 16.K.5.a Packet Pg. 1249 Attachment: Mediated Settlement Agreements.parcels 314 and 325 (5368 : Mediated Settlement Agreements - $202,052 - Parcels 314RDUE and IN THE CIRCUIT COURT FOR THE 2OTH JUOICIAL CIRCUIT IN AND FOR COLLIER COUNTY. FLORIDA COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of the State of Florida, Petitioner vs- CKC PROPERTY HOLDINGS, LLC; INSOUTH BANK; UNKONWN TENANTS, if any et al Resoondents Case NO: 16-CA-1242 PARCELS: M325RDUE MEDIATEO SETTLEMENT AGREEMENT At a Mediation conference held on the llth dav ofApril 2018 at 10:m a.m., the parties reached the following Settlement Agreement; 1. Petitioner will pay to Respondent(s), CKC Property Holdings, ILC the sum of S_21_rJZ!.::_-.__, in full settlement of all claims for compensation from Petitioner whatsoever. including attorney's fees, expert fees, costs and expenses. Z. petitioner is entitled to a credit in the amount of S JdJ Zdd , co . which was deposited previously in this case by Petitioner and received by Respondent(s). 3. Counsel for Petitioner and Respondent(s) willjointly submit to the Court for execlrtion a mutually approved form of final disposition of this matter as soon as practical, hereafter. The Jud8ment shall reflect that this settlement is based upon the construction plans either entered into evidence at the hearing on the Order of Taking ot otherwise furnished to Respondent(s). 4. Petitioner will pay Respondent(s) the balance due of S .J t, 6.t 9 ctr within 30 days of the actual date of receipt by Petitioner's counsel of a conformed copv of the final disposition from the Court. Hhe Cn"4 will t exPeft{eesr€ost$od- - axpeft9es. 5. Attached hereto is an addendum to this Agreement: Y__Yes -No. 7. THIS AGREEMENT (AND ADDENDUM, IF ANY} CONTAIN(s}ALt OF THE AGREEMENT(S) OF THE PudAbL- godPs ?-. u{fi V A?rA.J, L-L? Respoq{ent Mediator ,l_{ Attorney 16.K.5.a Packet Pg. 1250 Attachment: Mediated Settlement Agreements.parcels 314 and 325 (5368 : Mediated Settlement Agreements - $202,052 - Parcels 314RDUE and IN THE CIRCUIT COURT FOR THE 2OTH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY. FLORIDA COLLIER COUNW BOARD OF COUNTY COMMISSIONERS, a political subdivision of the STATE OF FLORIOA, Petitioner CKC PROPERTY HOLDINGS, LLC; INSOUTH BANK; UNKNOWN TENANTS, if any; ET AL Respondents Case No: 16-CA-1242 PARCELS: aryF€r'Ut* 325RDUE ADDENDUM TO MEDIATED SETTLEMENT AGREEMENT Pursuant to the Mediation Conference held on the 11th day of April 2018 at 10:00 a.m., the parties have aBreed to the following: ? op DEa'r 5 /,t /;,1XE htE'J7' t: t /L/-./Ltr:tLt l^)f e,AJ rf .JG/anv r a 12,?cc'-t Hat'+zt- TZ.h r/t (L,W*.4 (-+fuNtu-P 16.K.5.a Packet Pg. 1251 Attachment: Mediated Settlement Agreements.parcels 314 and 325 (5368 : Mediated Settlement Agreements - $202,052 - Parcels 314RDUE and 16.K.5.b Packet Pg. 1252 Attachment: Aerial Photograph.parcel 314rdue (5368 : Mediated Settlement Agreements - $202,052 - Parcels 314RDUE and 325RDUE - 16-CA- 16.K.5.c Packet Pg. 1253 Attachment: Aerial Photograph parcel 325rdue (5368 : Mediated Settlement Agreements - $202,052 - Parcels 314RDUE and 325RDUE - 16-CA-