Agenda 09/24/2013 Item #16K19/24/2013 16.K.1.
EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agreement and a Stipulated Final
Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement
Agreement concerning the taking of Parcels 148FEE, 148SE and 148TCE, in the lawsuit
styled Collier County v Florida Power and Light, et al, Case No. 2013 -CA -1329 for the
Collier Boulevard expansion (Project No. 68056). Fiscal Impact $178,945.
OBJECTIVE: That the Board approve a Mediated Settlement Agreement and a Stipulated Final
Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement
Agreement concerning Parcels 148FEE, 148SE and 148TCE, owned by Pinegate 135, LLC, in the
lawsuit styled Collier County v. Florida Power and Light, et al, Case No 2013 -CA -1329.
CONSIDERATIONS: Through an Order of Taking hearing held in the circuit court on July 16,
2013, Collier County condemned a strip of land containing 1,740 square feet from the property
owned by Pinegate 135, LLC, along with a three (3) year temporary construction easement
containing 6,960 square feet. The plan was to construct a low gravity wall with a handrail at the
edge of sidewalk in front of the Pinegate Center Shopping Center, and to restore the existing
water management system located in front of the strip mall's parking lot.
Through on -going negotiations with the owner's attorney, culminating in the mediation held on
August 28, 2013, it was agreed that the County would redesign the improvements in front of the
strip mall, eliminating the gravity wall and hand rail and replacing it with a sodded fill slope,
eliminating the custom drainage structure which was to be constructed under the sidewalk and
made a part of the gravity wall, and replacing the custom structure with a standard ditch bottom
inlet in the approximate location as the current yard drain. This accommodation actually saves
the County approximately $25,000 in construction costs and pleases the owner by eliminating the
handrail in front of the strip mall.
In order to accomplish this redesign, however, the owner has agreed to voluntarily grant (sell) to
Collier County a perpetual slope easement (Parcel No. 148SE) over half of the temporary
construction easement area previously taken by the County. The cost of this conveyance has
been incorporated in the full compensation amount proposed today. An Amended Stipulated
Order of Taking will be entered with the court to memorialize the agreement of the parties.
With the Board's approval of the attached Mediated Settlement Agreement, a Stipulated Final
Judgment will be entered with the court providing for payment to the owner in the amount of
$164,670 in full settlement of all claims for compensation, severance damages, and any and all
other claims for damages, and a payment to the owner's attorney, Akerman Senterfitt, in the
amount of $50,600 in full settlement of all claims for attorney fees and costs that may be
awarded for all benefits achieved, both monetary and non - monetary. The Stipulated Final
Judgment will also provide for payment to the owner's expert witnesses in the amount of
$27,675 to be apportioned among the real estate appraiser, the engineer and the land planner in
this case.
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9/24/2013 16. K.1.
Staff and the County Attorney's Office are recommending this settlement since the County is not n
guaranteed better results at trial.
FISCAL UAFACT: Funds in the amount of $178,945 ($242,945 less the $64,000 on deposit in
the court registry) are available in impact fees and/or gas taxes.
GROWTH MANAGEMENT IWACT: None.
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 of County Commissioners approves the attached
Mediated Settlement Agreement and authorizes the County Attorney to enter a Stipulated Final
Judgment with the circuit court incorporating these terms and conditions.
PREPARED BY: Kevin Hendricks, Right -of -Way Acquisition Manager, Growth Management
Division, Transportation Engineering
Attachments: (1) Mediated Settlement Agreement; and (2) Location Map.
12-CA -1828
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/1-1*111
9/24/2013 16.K.1.
^ COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.1.
Item Summary: Recommendation to approve a Mediated Settlement Agreement and a
Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the
Mediated Settlement Agreement concerning the taking of Parcels 148FEE, 148SE and 148TCE,
in the lawsuit styled Collier County v. Florida Power and Light, et al, Case No. 2013 -CA -1329 for
the Collier Boulevard expansion (Project No. 68056). Fiscal Impact $178,945.
Meeting Date: 9/24/2013
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
9/9/2013 8:57:15 AM
^ Approved By
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
Date: 9/9/2013 10:25:00 AM
Name: KearnsAllison
Date: 9/10/2013 4:44:08 PM
Name: ShueGene
Date: 9/11/2013 8:50:24 AM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 9/11/2013 12:06:11 PM
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administr
Date: 9/11/2013 2:37:56 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 9/11/2013 3:49:45 PM
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9/24/2013 16. K.1.
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 9/11/2013 4:59:34 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/12/2013 2:40:18 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 9/13/2013 4:07:13 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/16/2013 9:34:51 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 9/16/2013 10:44:22 AM
Packet Page -2968-
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
COLLIER COUNTY, a political
subdivision of the State of Florida
Petitioner,
V.
FLORIDA POWER & LIGHT COMPANY, et al
Defendants.
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9/24/2013 16.K.1.
Case No. 13 -CA -1329
Parcel Nos. 148FEE, 148TCE
MEDIATED SETTLEMENT AGREEMENT
Pursuant to the Mediation Conference held on August 28, 2013, the parties have agreed to abide
by the following:
1.
heretofore paid
2. The parties shall enter into a Stipulated Final Judgment reflecting the terms of this Stipulation
3. Pursuant to Florida Statute 44.102 3 the arties agree to kee the communications Burin
iation confidentiaL
�y
a , C Du - r—a.s, `J
G� p i De I Packet Page -2 %O
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9/24/2013 16.K.1.
THIS STIPULATION BECOMES BINDING UPON THE PARTIES BY THEIR EXECUTION AND THAT OF
THEIR COUNSEL AND THE APPROVAL OF THE BOARD OF COUNTY COMMISSIONERS.
'EMILY R. PEOIN, ESQUIRE
Office of the ounty Attorney
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Attomey for Collier County
FBN: 92956
E -mail: emilvrveQin0collieroov.net
Secondary: rosavillarreal (a)-colliernov.net
A. TO13,14, ESQUIRE
OnE 3`d Avenue, 25"' Floor
Mi i, Florida 33131
305- 374 -5600
Attorney for Defendants
E -mail: mark. tobnaakerman.com
JAM S A.HELINGSR J9 M
4756 Central Avenue
St. P tersburg, Florida 33 1
727 - 328 -7100; FBN: 0014520
CERTIFICATION NO. 12262 R
E -mail: helinaerlaw(cD.aol.com
BY:
Print Name
PINEGATE 135 LLC.
DEFENDANT A4,Z6, X4.. �
&'21k-,+ 9. r1L„d;e4-c.
Print Name
DEFENDANT
Print Name
Packet Page -2970-
n PROJECT:
PARCEL:
FOLIO:
NONEXCLUSIVE SLOPE EASEMENT
9/24/2013 16.K.1.
THIS NONEXCLUSIVE SLOPE EASEMENT, made and entered into this
day of 2013, by PINEGATE 135 LLC, a Delaware limited liability
company, whose mailing address is c/o Ram Realty Services, 4801 PGA Boulevard,
Palm Beach Gardens, FL 33418, (hereinafter referred to as "Grantor"), to COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299
Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida
34112 (hereinafter referred to as "Grantee ").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties
to this instrument and their respective heirs, legal representatives, successors and
assigns. Grantor and Grantee are used for singular or plural, as the context requires.)
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a
perpetual, non - exclusive slope easement for the purpose of construction and
maintenance of an earthen fill slope over, under, upon and across the following
described lands located in Collier County, Florida, to wit ( "Easement Area "):
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
TO HAVE AND TO HOLD the same unto the Grantee, together with the right to
enter upon said land and to place and /or excavate materials solely for the purpose of
constructing and maintaining an earthen fill slope of no steeper than three (3) feet
horizontal to one (1) foot vertical thereon as more particularly described on Exhibit "B"
attached hereto and by reference incorporated herein. No improvements other than fill
material and sod will be placed in the Easement Area: by the Grantee or its employees
or agents. The Grantee shall provide the Grantor with a minimum fifteen (15) days' prior
written notice of any and all work to be performed in the Easement Area. Any deviation
from the purposes set forth on Exhibit "B" shall require the prior written consent of the
Grantor. All other uses of the Easement Area are reserved unto the Grantor including,
but not limited to, the right to construct or install over, under and upon the fill slope any
and all manner of improvements and /or structures otherwise permitted under Collier
County's Land Development Code. Grantee hereby covenants and agrees that
Grantee shall be liable for all costs and expenses of any work, maintenance or repair to
the Easement Area necessitated or caused by the use of the Easement Area by
Grantee, its agents and employees. The Grantee shall repair any damage and restore
the Easement Area and any surrounding property owned by Grantor impacted by
.Grantee's use of the Easement Area, including any landscaping, to a substantially
similar condition that existed immediately prior to any use of the Easement Area by the
Grantee. At no times shall Grantee's use of the Easement Area result in an obstruction
or closure of any access points to the Property.
The easement granted herein shall constitute easements running with the land and
n
shall burden the lands described above.
1 4
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9/24/2013 16. K.1.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
the date and year first above written.
WITNESSES:
(Signature)
(Print Name)
(Signature)
(Print Name)
STATE OF
COUNTY OF
PINEGATE 135 LLC, a Delaware limited
liability company
By:
Karen D. Geller
as Authorized Representative
The foregoing Slope Easement was acknowledged before me this day of
, 2013, by Karen D. Geller, as Authorized Representative of
PINEGATE 135 LLC, who:
_XX_ is personally known to me
OR
produced as proof of
identity.
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
Serial / Commission # (if any):
My Commission Expires:
Last Revised: 8/28/2013 Packet Page -2972-
9/24/2013 16. K.1.
PROJECT NO. 68056
PROJECT PARCEL NO. 148SE
PARENT.TRACT FOLIO NO. 37930510002
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
The North eight feet (8') of the South eighty -seven feet (87')
of the following described property:
Tract 110, LESS the Easterty 225 feet (225') thereof, Golden
Gate Estates Unit No. 26, according to the plat thereof
recorded in the official records of Collier County, Florida, in
Plat Book 7, Pages 15 and 16.
TRACTIJO
GGE UNIT N
. 26
8'
225'
EXHIBIT
SKETCH NOT TO SCALE
E- I
Co1W County Gmwth M*mq=ent DWbn - TranWdatgn Engireering Depajim t
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9/24/2013 16.K.1.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
COLLIER COUNTY, a political
subdivision of the State of Florida
Petitioner,
V. Case No. 13 -CA -1329
FLORIDA POWER &LIGHT COMPANY, et a! Parcel Nos. 148FEE, 148TCE
Defendants.
MEDIATED RESULTS REPORT
Pursuant to the Mediation Conference held on August 28, 2013 at the Office of the County
Attorney, 3299 East Tamiami Trail, Suite 800, Naples, Florida 34112
(E ITIONER APPEARED
( DEFENDANTS APPEARED
PETITIONER'S ATTORNEY (S) FIRM:
Emily R. Pepin, Esquire
Office of the County Attorney
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Phone: 239 - 252 -8400
FBN: 92956
DEFENDANT'S ATTORNEY(S) FIRM:
Mark A. Tobin, Esquire
Akerman Senterfitt
One SE 3`d Avenue, 25"' Floor
Miami, Florida 33131
Phone: 305- 374 -5600
RESU S:
( FULL SETTLEMENT
() PARTIAL SETTLEMENT �!
() NO SETTLEMENT
() CONTINUED (DATE)
JAM S A.HELIN�El J
MED ATOR
475 Central Avenue
etersburg, Florida 33711
FBN: 0145200
CERTIFICATION NO. 12262 R
E -mail: helingerlawaaol.com
Packet Page -2978-
9/24/2013 16.K.1.
LOCATION MAP
AERIAL PHOTO OF SUBJECT PROPERTY
SHOWING PARCELS 148FEE, 148SE AND 148TCE
Tempoary Construction Easement
Perpetual Slope Easement
Fee Simple Right -of -Way
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