Agenda 04/10/2012 Item #16K24/10/2012 Item 16.K.2.
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $2,898.05 in
settlement of Parcel 111 as to easement holder, Publix Super Markets, Inc., in the Lawsuit
Styled Collier County v NB Holdings Corporation, et al., Case No. 06- 0658 -CA, Santa Barbara
Boulevard Project No. 62081. ( Fiscal Impact: $2,898.05)
OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment in
the amount of $2,898.05 in settlement of Parcel 111 as to easement holder, Publix Super Markets,
Inc., in the lawsuit styled Collier County v. NB Holdings Corporation, et al., Case No. 06- 0658 -CA
(Santa Barbara Boulevard Project No. 62081).
CONSIDERATIONS: The County acquired 0.037 acres from property owner KB Enterprises of
Naples, LLC for the construction of roadway improvements to Santa Barbara Boulevard. The
County settled with the property owner for $297,500 plus statutory Attorney's fees which the Board
approved on May 10, 2011 and entered by Judge Hayes on May 11, 2011.
To conclude this matter, the County and easement holder, Publix Super Markets, Inc., have agreed
to settle without the payment of additional money to Public Super Markets, Inc., other than
reimbursement of attorney fees and costs in the amount of $2,898.05, the terms of which are set out
in the Stipulated Final Judgment attached as Exhibit A.
FISCAL IMPACT: Funds in the amount of $2,898.05 are available in impact fees.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item was prepared by the County Attorney's Office and is
legally sufficient for Board action. A majority vote is required for Board approval. (STW)
RECOMMENDATION: That the Board of County Commissioners approve the Stipulated Final
Judgment as to Parcel 111 for easement holder, Publix Super Markets, Inc., and authorize payment
and disbursement of the funds as stated.
PREPARED BY: Steven T. Williams, Assistant County Attorney
Attachment: Stipulated Final Judgment
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.2.
4/10/2012 Item 16.K.2.
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount
of $2,898.05 in settlement of Parcel 111 as to easement holder, Publix Super Markets, Inc., in
the Lawsuit Styled Collier County v. NB Holdings Corporation, et al., Case No. 06- 0658 -CA, Santa
Barbara Boulevard Project No. 62081. (Fiscal Impact: $2,898.05)
Meeting Date: 4/10/2012
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
3/28/2012 10:52:25 AM
Approved By
Name: TaylorLisa
Title: Management /Budget Analyst,Transportation Administr
Date: 3/28/2012 1:08:16 PM
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
Date: 3/28/2012 2:04:31 PM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 3/29/2012 5:02:50 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 3/29/2012 5:24:07 PM
Name: WilliamsSteven
Title: Assistant County Attorney,County Attorney
Date: 3/30/2012 9:16:06 AM
Name: KlatzkowJeff
Title: County Attorney
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Date: 3/30/2012 9:51:48 AM
Name: GreenwaldRandy
Title: Management /Budget Analyst,Office of Management & B
Date: 3/30/2012 2:33:00 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 4/3/2012 11:54:48 AM
Name: OchsLeo
Title: County Manager
Date: 4/3/2012 12:38:26 PM
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4/10/2012 Item 16.K.2.
4/10/2012 Item 16.K.2.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a poltical
subdivision of the State of Florida,
Petitioner,
VS.
NB HOLDINGS CORPORATION, et al.,
Respondents.
EXHIBIT
Case No.: 06- 0658 -CA
Parcel No.: 111
STIPULATED FINAL JUDGMENT
THIS CAUSE having come on for consideration upon the Joint Motion for Entry of a
Stipulated Final Judgment made by Respondent, PUBLIX SUPER MARKETS, INC., and
Petitioner, COLLIER COUNTY, FLORIDA, as to Parcel 111, as set forth below, and it
appearing to the Court that the parties were authorized to enter into such motion, and the Court
being otherwise fully advised in the premises, it is now, therefore,
ORDERED AND ADJUDGED as follows:
1. That this case is concluded as to the Petitioner and PU13LI:X SUPER MARKETS,
INC., without the payment of additional money to PUBLIX SUPER MARKETS, INC., other
than reimbursement for attorney fees and costs.
2. That Respondent does have and recovers of and from Petitioner the sum of TWO
THOUSAND EIGHT HUNDRED NINETY -EIGHT DOLLARS AND 05 /100 ($2,898.05) as
payment for attorney fees and costs.
3. That within thirty (30) days of receipt by Petitioner of the Stipulated Final
Judgment entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall pay the total
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4/10/2012 Item 16.K.2.
sum of TWO THOUSAND EIGHT HUNDRED NINETY -EIGHT DOLLARS AND 05/100
($2,898.05) to LORENA HART LUDOVICI, ESQUIRE, Gaylord, Merlin, Ludovici & Diaz,
5001 West Cypress Street, Tampa, Florida 33607, in accordance with the terms of this Judgment.
4. That this Stipulated Final Judgment is subject to approval by the Board of County
Commissioners of Collier County, Florida.
5. That this Order disposes of all claims arising out of the taking of Parcel 111 that
have or could have been asserted in this cause by Respondent, PUBLIX SUPER MARKETS,
INC.
DONE AND ORDERED in Chambers at the Collier County Courthouse, Collier County,
Florida this _ day of , 2012.
HONORABLE HUGH D. HAYES
Circuit Court Judge
Copies furnished to:
Steven T Williams, Esquire
Lorena Hart Ludovici, Esquire
Kevin Hendricks, Acquisition Manager/Transportation
Bookkeeping
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4/10/2012 Item 16.K.2.
JOINT MOTION
The Parties, by and through their undersigned counsel, respectfully move for entry of the
foregoing Stipulated Final Judgment as to Parcel 111 this day of ,
2012.
Date:
LOREN HJ.VDOVTCI, ESQUIRE
Florida Bar No. 7062
GAYLORD MERLINT LUCOVICI & DIAZ
5001 West Cypress Street
Tampa, Florida 33607
Telephone: (813) 221 -9000
ATTORNEY FOR RESPONDENT,
PUBLIX SUPER MARKETS, INC.
Date:
STEVEN T. WILLIAM 1, ESQUIRE
Florida Bar No. 740101
OFFICE OF THE COUNTY ATTORNEY
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Telephone: (239)252 -8400
StevenWilliams(o1.collier ov.net
ATTORNEY FOR PETITIONER, COLLIER
COUNTY
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