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Agenda 10/22/2013 Item #16K1 10/22/2013 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 in the amount of $424,950 for the acquisition of Parcels 103FEE, 103TCE, 150 FEE, 150SE and 150TCE in the Lawsuit styled Collier County, Florida v. LDJ Associates, Ltd., et al., Case No. 13-CA-1238-CA for the Collier Boulevard expansion (Project No. 68056) (Fiscal Impact$267,688) OBJECTIVE: To settle the pending litigation over Parcels 103FEE and 103TCE owned by Larry Brooks, Trustee, and Parcels 150 FEE, 150SE and 150TCE, owned by LDJ Associates, Ltd., in the case Collier County v. LDJ Associates, Ltd., et al, Case No. 2013-CA-1238. CONSIDERATIONS: Through an Order of Taking hearing held in the circuit court on September 9, 2013, Collier County took a strip of land containing 11,550 square feet from the property owned by Larry Brooks, Trustee, at the southwest corner of Collier Boulevard and 13th Avenue SW (Parcel No. 103FEE), along with a three-year temporary construction easement containing 1,651 square feet (Parcel 103TCE). At the same Order of Taking hearing the judge also approved the County's taking of a 12,663 square foot parcel from LDJ Associates, Ltd. (Parcel 150FEE), along with a 2,284 square foot permanent slope easement (Parcel 150 SE) and a 761 square foot temporary construction easement (Parcel 150TCE). These parcels are identified on the attached Location Map. Parcels 103FEE and 103TCE, like the majority of the parcels acquired for the project, were for the purpose of roadway expansion and the addition of travel lanes and turn lanes. Parcels 150FEE, 150SE and 150TCE, however, were taken to construct a "jug handle" access road providing ingress and egress to and from the gas station located at the Northwest corner of the intersection of Pine Ridge Road and Collier Boulevard. Because of the existence of a three-party reciprocal access agreement which runs with the land, the "jug handle" access road also provides ingress and egress to and from two additional properties (including the strip mall located just to the west of the gas station and the parent tract to Parcels 150FEE, 150TCE and 150SE). If the jug handle access road had not been added to the plans, the existing driveway connection on Collier Boulevard would have been modified to eliminate exiting vehicular movements to prevent motorists from trying to leave the gas station and the strip mall and cut across all of the turn lanes and the through lanes and head either north on Collier Boulevard or east on White Boulevard. It is estimated that without adding this access road to the plans, the claims for business and severance damages due to the restricted access could have been in excess of $1 million. Mediation was held on October 1, 2013. Parcels 103FEE and 103TCE, owned by Larry Brooks, Trustee, (the "L" in LDJ Associates, Ltd.) were settled at the County's initial offer amount of $111,200. However, LDJ Associates, the owner of Parcels 150FEE, 150TCE, and 150SE, claimed that by being moved further back from the travel lanes on Collier Boulevard, the Packet Page-2036- 10/22/2013 16.K.1 . remainder had suffered decreased visibility and was damaged as a result. While this claim is debatable, it is a claim that the owner would certainly be allowed to argue before a jury, and therefore, in the best interests of the County to settle, thereby avoiding the costs of a jury trial. The owner for Parcels 150FEE, 15SE and 150TCE was initially offered $166,000 for land and improvements located within the take area (it being the County's appraiser's opinion that there were no severance damages.) The owner, however, countered with a claim for compensation in the amount of $417,400 ($219,100 of which was for the claim of severance damages to the remainder). The Mediated Settlement Agreement was negotiated with LDJ Associates, Ltd., for the total compensation amount of$313,750. The total amount of property owner attorney fees for all five parcels amounts to $57,168. Expert witness costs for all five parcels total $26,300. If the settlement is approved, the County is responsible for the following costs: • Additional Deposit/Disbursement Amount: $184,050.00 • Expert Fees: 26,300.00 • Clerk's Service fee: 170.00 • Attorney's Fees: 57,1 68.00 TOTAL: $267,688.00 Attached is the Mediated Settlement Agreement providing for the above-stated funds. FISCAL IMPACT: Funds in the amount of$267,688 ($508,588 less the $240,900 on deposit in the court registry)are available in Road Impact Fees. GROWTH MANAGEMENT IMPACT: 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 Agreements and authorizes the County Attorney to enter the 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 Agreements; and (2)Location Map 13-CA-1238/311 2 Packet Page-2037- 10/22/2013 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 in the amount of$424,950 for the acquisition of Parcels 103FEE, 103TCE, 150 FEE, 150SE and 150TCE in the Lawsuit styled Collier County, Florida v. LDJ Associates, Ltd., et al., Case No. 13-CA-1238-CA for the Collier Boulevard expansion (Project No. 68056) (Fiscal Impact$267,688) Meeting Date: 10/22/2013 Prepared By Name: CrotteauKathynell Title: Legal Secretary,County Attorney 10/9/2013 4:18:03 PM Approved By Name: TaylorLisa Title: Management/Budget Analyst,Transportation Administr Date: 10/10/2013 7:51:44 AM Name: AhmadJay Title: Director-Transportation Engineering,Transportation Engineering&Construction Management Date: 10/10/2013 8:45:54 AM Name: HendricksKevin Title: Manager-Right of Way,Transportation Engineering Date: 10/10/2013 10:07:17 AM Name: ShueGene Date: 10/10/2013 12:48:14 PM Name: KearnsAllison Date: 10/10/2013 2:30:13 PM Name: MarcellaJeanne Packet Page-2038- 10/22/2013 16.K.1 . Title: Executive Secretary,Transportation Planning Date: 10/10/2013 3:09:58 PM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 10/10/2013 3:24:16 PM Name: KlatzkowJeff Title: County Attorney Date: 10/11/2013 9:50:56 AM Name:UsherSusan Title:Management/Budget Analyst, Senior,Office of Manage Date: 10/11/2013 12:44:53 PM Name: OchsLeo Title: County Manager Date: 10/14/2013 11:28:44 AM Packet Page-2039- 10/22/2013 16.K.1. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY, a political subdivision of the State of Florida Petitioner, v - Case No. 13-CA-1238 Parcels: 103 FEE and 103 TCE LDJ ASSOCIATES, LTD. ET AL Respondents. ******************************************e******* MEDIATED SETTLEMENT AGREEMENT Pursuant to the Mediation Conference held on October 1, 2013, the parties have agreed to abide by the following: 1. Petitioner, COLLIER COUNTY, shall pay the Respondents, LARRY E. BROOKS REVOCABLE TRUST, LARRY E. BROOKS and MARIA R. BROOKS, for the taking the above parcels, the aggregate sum of$ 11,R.GM Cam_ less any sums 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 parties agree to keep the communications during the Mediation confidential, ti"'' it I1Ir R _ A • Packet Page-2040- 10/22/2013 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. COLLI • CO Y BY: EMILY R. PE•� , ESQUIRE C. �� L:� v.m`/� Office of the aunty Attorney Pr t Name 3299 East Tamiami Trail, Suite 800 Naples, Florida 34112 Attorney for Collier County FBN: 92956 BY: E-mail: emilypepin(c�colliergov.net Secondary: rosavillarrealcolliergov net Print Name Ad ?� r2--,, KENNE' f JONES ESQUIRE Respondent 7 Resp Roetze : ndress �r �! , ig�oks 2320 F rs treet Print Name Suite 000 Ft. My-rs, Florida 33901 Attorney for Respondent Respondent E-mail: Kiones(c�ralaw.com Print Name Respondent Print Name 1114., _ . 2r���'. , . JA ES A.HELI GER J O�'IA' OR 475• Central Avenue St. 'etersburg, Florida 1 - -328-7100; FBN: 00 •: CERTIFICATION NO. 12262 R E-mail. helingerlaw c(Daol corn 2 Packet Page-2041- 10/22/2013 16.K.1. 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. Case No. 13-CA-1238 Parcels: 150FEE, 150SE, 150TCE LDJ ASSOCIATES, LTD. ET AL. Respondents. MEDIATED SETTLEMENT AGREEMENT Pursuant to the Mediation Conference held on October 1, 2013, the parties have agreed to abide by the following: 1. Petitioner, COLLIER COUNTY, shall pay the Res o dent, LDJ ASSOCIATES, LTD., for the taking the above parcels, the aggregate sum of $ 3.l3)75 , pO less any sums 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 parties agree to keep the communications during the Mediation confidential. • I • ✓ er 1111 _• • •R +© S I P ♦ p A — \� ► i C., fT��•■ _ ✓ . bAV . A. * G .I \ Ar.! ' 1 .5 ammo 00 1 �► / / ‘•• _✓ s.A i _i AA 4 • ■ ! 4 • i • 1•0'411 .0 IMu. • Packet Page-2042- 10/22/2013 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. COLL ' ' CO Y BY: ILY R. PE' N, SQU` r��'�"�!1+s-�'�!T Office of the County Attorney Print Name 3299 East Tamiami Trail, Suite 800 Naples, Florida 34112 Attorney for Collier County FBN: 92956 BY: E-mail: emilvrepin ,colliergov.net Secondary: rosavillarreal a(�colliergov.net Print Name _ LDJ ASSOCIATES, LTD. KENNE� r JONES E QUIRE Respondent Roetzel : ndress 64-0•14-S 2320 F' st Street Print Name Suite 100 Ft. Myers, Florida 33901 Attorney for Respondent Respondent E-mail: Kjones(v�ralaw.com Print Name Respondent Print Name ' r Illitimiro JA S A.HELINGER R. - 475: Central Avenue St •etersburg, Florida 3' -328-7100;FBN: 0014 'e•► CERTIFICATION NO. 12262 R E-mail: helingerlawt aol corn 2 Packet Page-2043- 10/22/2013 16.K.1 . LOCATION MAP 150TCE I- �, A J \ m � d LL LL Z Pi 1t Ridge RD WI he BL • i i ,. 150SE MIIII 150FEE l 0 J 11i/rA�E SW 121 hAVE SW f i i f Q d --r i g D 5 t n 1 13th AVE 4/11 , j 1 1311h Till/ 103TCE L 103FEE Packet Page-2044-