Loading...
Agenda 12/10/2013 Item #16K2 12/10/2013 16.K.2. Executive Summary Recommendation to approve a Mediated Settlement Agreement and a Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement in the amount of$2,289,133 for the acquisition of Parcel 115FEE in the lawsuit styled Collier County, Florida v. New Plan Florida Holdings,LLC, et al., Case No. 13-CA-238 (US 41/SR-CR- 951 Intersection Improvement Project#60116). (Fiscal Impact: $339,303) OBJECTIVE: That the Board approve a Mediated Settlement Agreement and a Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement as full and final compensation to be paid for the acquisition of Parcel 115FEE in the Lawsuit styled Collier County, Florida v. New Plan Florida Holdings, LLC, et al., Case No. 13-CA-238 (US 41/SR-CR-951 Intersection Improvement Project#60116). CONSIDERATIONS: The County acquired the subject property by entry of an Order of Taking on March 13, 2013 and subsequently depositing the amount of$1,950,000.00 into the Court Registry on March 21, 2013. The taking of Parcel 115FEE from MAR Investments, LLC consisted of 64,261 square feet of fee simple, according to our survey, and is a whole take of MAR Investments, LLC's property. The owner's appraiser valued the taking at $2,466,000.00. The County and Respondent negotiated a settlement of $2,289,133.00 for full compensation including statutory interest, all claims related to real estate and business damages, and all attorney's fees, experts' fees, and costs. Attached is the Mediated Settlement Agreement providing for the above-stated funds. FISCAL IMPACT: Funds in the amount of$339,303.00 (additional funds to the Respondent of $339,133.00 plus a $170.00 deposit fee to the Clerk) are available in the Transportation US 41/SR- CR951 Intersection Improvement Project (#60116). Source of funds is Road Impact Fees. There is no incremental maintenance cost associated with this action. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item has been approvec as form and legality anc reauires c majority vote for Board approva . - ERP RECOMMENDATION: That the Board of County Commissioners approves the Mediated Settlement Agreement, approves a Final Judgment which incorporates the terms and conditions of the Mediated Settlement Agreement to be presented to the Court for entry and approves the expenditure and disbursement of funds as stated. PREPARED BY: Emily R. Pepin,Assistant County Attorney, Office of the County Attorney Packet Page-2400- 12/10/2013 16.K.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.2. Item Summary: Recommendation to approve a Mediated Settlement Agreement and a Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement in the amount of$2,289,133 for the acquisition of Parcel 115FEE in the lawsuit styled Collier County, Florida v. New Plan Florida Holdings, LLC, et al., Case No. 13-CA- 238 (US 41/SR-CR-951 Intersection Improvement Project#60116). (Fiscal Impact: $339,303) Meeting Date: 12/10/2013 Prepared By Name: CrotteauKathynell Title:Legal Secretary,County Attorney 11/4/2013 10:36:52 AM Approved By Name: HendricksKevin Title:Manager-Right of Way,Transportation Engineering Date: 11/4/2013 2:26:00 PM Name: TaylorLisa Title: Management/Budget Analyst.Transportation Administ- Date: 11/4/2013 3:5f:21 PM Name: KearnsAliison Date: 11/12/2013 11:24:25 AM Name: ShueGene Date: 11/14/2013 1:37:52 PM Name:AhmadJay Title: Director-Transportation Engineering,Transportation Engineering&Construction Management Date: 11/15/2013 1:39:20 PM Name: MarcellaJeanne Title:Executive Secretary,Transportation Planning Date: 11/18/2013 8:41:26 AM Packet Page -2401- 12/10/2013 16.K.2. Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 11/20/2013 2:25:18 PM Name: KlatzkowJeff Title: County Attorney Date: 11/20/2013 4:23:25 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 11/21/2013 12:09:12 PM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 11/22/2013 11:12:54 AM Packet Page -2402- 12/10/2013 16.K.2. 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.: 13-CA-238 Parcel No.: 115FEE v. (Mar Investments,LLC) NEW PLAN FLORIDA HOLDINGS, LLC,et al. Respondents. MEDIATED SETTLEMENT AGREEMENT At the Mediation Conference held on October 28,2013,the parties reached the following Settlement Agreement: 1. Petitioner will pay to Respondent,Mar Investments,LLC,the sum of $2,289,133.00 in full settlement of all claims for compensation from Petitioner whatsoever,including statutory interest,all claims related to real estate and business damages,if any,and all attorney's fees,experts' fees,and costs. The settlement sum will be subject to claims of apportionment, if any,by judgment creditors,mortgagees,tenants and lien holders identified in this action as parties having an interest in the subject property. Petitioner previously deposited in the Registry of the Court in this case the sum of $1,950,000.00. Upon the entry of the Stipulated Final Judgment in this matter, Petitioner will deposit in the Registry of the Court. or in the absence of any apportionment claims, will pay to the trust account of Respondent's attorney,the sum of$339,133.0U. representing the difference between the total settlement sum and Petitioner's previous deposit referenced above. 2. This Settlement Agreement is subject to and conditioned upon final approval by the Board of County Commissioners of Collier County. Packet Page-2403- 12/10/2013 16.K.2. 3. Counsel for Petitioner and Respondent will jointly submit to the Court Amok 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. This Settlement Agreement,dated October 28,2013,contains all of the agreements of the parties. K: Hendric T`'ght of ' ay M. '. Alos, Manager,on behalf of Acquisition Manager,on behalf of Re : - : - u.ents,LLC Petitioner,Collier County Ar r mily R 't pin,Esq. ere :�•�� udovici,Esq. Attorney for Petitioner Attorney for Respondent William B. Smith,Esq. Circuit Court Mediator Packet Page-2404- 12/10/2013 16.K.2. N N. APP',.' >s Ir► I�..r E o? �i`r /1 .. ~ f / COMMERCIAL PROPERTIES SW, INC. i S OR 3695, PG 411 0 / FOLIO NO. 34520001908 / GRAPHIC SCALE ��° /`/ 1" = 100' .N, / N /.. / LELY RESORT PHASE 1, ' Ii PB 16, PG 87 X44' Ssg. /` / TRACT 16 ?*o° 32•su SUNTRUST BANK �� 47 ��P // ti / OR 4384, PG 446 yo Rq 39 / NN,,(/N,„ FOLIO NO. 55425004005.� 6-,--1,� Ord SO '` POB S.E. CORNER �y �\ COSTING RW l/ OF TRACT 16 * 115FEE � 64,261 SF \ e 7 4� *UNPLATTED �yA� trj~ , / MAR INVESTMENTS, LLC ) A (PARCEL OR 4117,) 1/1X s OR (PARCEL 1 1 , PG 1 1702 4�' /4' .. PG 117. ?O• QUO NO. 0072458000 FOLIO N0. ?8 ?� �� `ens f` 34520003003 `')*t 7 6✓ 43.41 / •/ Cr4 y� 5752006 LEGEND / �P Q .. RIGHT-OF-WAY '11 'J "OR = OFFICIAL RECORDS BOOK PB .. PLAT BOOK T,„144, ,../r Q / PG= PAGE *N,, ) >> LBE = LANDSCAPE EASEMENT EASEMENT C.R. - COUNTY ROAD \ POB - POINT OF BEGINNING ;: \NO. .. NUMBER AK s STATE ROAD AKA = ALSO KNOWN AS / N NN N.' FEE SIMPLE N. LEGAL DESCRIPTION — PARCEL 115FEE INTEREST A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF TRACT 16, LELY RESORT PHASE 1, AS RECORDED IN PLAT BOOK 16, PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: THENCE N35.42'25"E FOR 269.79 FEET ALONG THE EASTERLY BOUNDARY OF SAID TRACT 16; THENCE S54'32'56"E FOR 239.50 FEET ALONG THE SOUTHWESTERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3695, PAGE 411 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TO A POINT ON THE EASTERLY BOUNDARY OF TRACT 3F, AS SHOWN ON THE PLAT OF FREEDOM SQUARE. RECORDED IN PLAT BOOK 22, PAGE 56 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA; THENCE S35'41'39"W FOR 237.74 FEET: THENCE S76'20'06"W FOR 43.41 FEET: THENCE N54'20'26"W FOR 211.28 FEET ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF U.S. 41, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 64,261 SQUARE FEET OR 1.48 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECH`; - ROW JUN 1 5 203 V A'`." Ga/3/x MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. .h,".&tort 18.PM M•AU0o8%05o7eI 0000 W3 A chef M.,...A.knw....../.Mm CM/000\vat(4,..\P,,-5,...y\Shod,,Me n...youp,+\ttr-0W A,,rA risreca o PROJECT: U.S.41/C.R.951/S.R.951 RIA/KavinumftErsireslog TI SKETCH AND LEGAL DESCRIPTION P ARCEL 115FEE: RIGHT-OF-WAY Belowraw Park Dare.Suite 205 Naples.Raids 34109 PREPARED FOR: COWER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:(299)597.0575 FAX:(239)597.0579 U3 No.:8952 JOB NUMBER REVISION SECTION TOWNSHIP I ' ' ---- ' ""E DRAWN BY FILE NAME --SHEET 090081.00.00 1 3 51S Packet Pare -2405-/12 R.A.K. SKD_115FEE 1 of 1 `