Agenda 09/11/2012 Item #16K29/11/2012 Item 16.K.2.
EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agreement with owner, A L
Subs, Inc., and tenant, 951 Petroleum Corp, and a Stipulated Final Judgment to be drafted
incorporating the same terms and conditions as the Mediated Settlement Agreement awarding full
compensation, business damages, statutory interest, attorney fees and expert fees and costs in the
amount of $320,000 for Parcels 109FEE, 109TCE and 109FEE2, 109TCE2 in the lawsuit styled
Collier County v. A L Subs, Inc., et al., Case No. 10- 3562 -CA (Collier Boulevard Project #60092).
(Fiscal Impact: $294,440).
OBJECTIVE: That the Board approve a Mediated Settlement Agreement with owner, A L Subs, Inc.,
and tenant, 951 Petroleum Corp, and a Stipulated Final Judgment to be drafted incorporating the same
terms and conditions as the Mediated Settlement Agreement awarding full compensation, business
damages, statutory interest, attorney fees and expert fees and costs for the taking of Parcels 109FEE,
109TCE and 109FEE2, 109TCE2 in the lawsuit styled Collier County v. A L Subs, Inc., et al., Case No.
10- 3562 -CA, Collier Boulevard Project #60092.
CONSIDERATIONS: The subject property is located at the nort hwest corner of Davis Boulevard and
County Road CR951 (Collier Boulevard). A gas station and convenience store presently operate on the
site. Collier County condemned Parcels 109FEE and 109TCE, 109FEE2 and 109TCE2 from property
owner, A L Subs, Inc., through two separate Orders of Taking proceedings which were consolidated into
Case No. 10- 3562 -CA. The fee simple takings (Parcels 109FEE and 109FEE2) totaled 297 square feet to
accommodate a mast arm and a right turn lane. The County appraised the takings at $25,730 for full
compensation and offered $25,000 for a business damage counter -offer for Parcel 109FEE2. The owner
valued the takings at $777,356 for full compensation plus a business damage for Parcel 109FEE2 of
$590,000 for a total of $1,367,356. This sum excludes attorney fees, expert fees and costs.
The proposed settlement of $320,000 is a global settlement which means it is for full compensation,
business damages, all attorney fees, expert witness fees for owner's appraiser, CPA and transportation
engineer and for costs.
At mediation on June 27, 2012, the parties reached an agreement to pay the owner/business owner the
sum of $320,000 inclusive of full compensation, business damages, statutory interest, all attorney fees
and expert fees and costs. The agreement is also conditioned upon the following:
• The County's construction of the driveway connection closest to the intersection on Davis Boulevard
will not limit the driveway to an exit -only driveway. The County will request that FDOT approve a
construction plan amendment that will change the curb design on the east side of the driveway to a
radial curb design.
• The County will re- install the temporary entrance signs to Respondents' two service stations located
on the north and south sides of Davis Boulevard.
The Stipulated Final Judgment will include a provision dismissing Respondents' counterclaim for
injunctive relief.
Staff recommends this settlement because it is reasonable and the County is not expected to achieve better
results at trial. If approved, the County will be responsible for the following costs:
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9/11/2012 Item 16.K.2.
Additional Amount Owed: $294,270
Attorney Fees: Included
Business Damages Included
Expert Fees: Included
Deposit Fee to Clerk of Court (if any) $ 170
TOTAL $294,440
FISCAL IMPACT: Funds in the amount of $294,440 will come from Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. This item requires a
majority vote. (HFAC)
RECOMMENDATION: That the Board of County Commissioners approves the Mediated Settlement
Agreement; approve the Stipulated Final Judgment which incorporates the terms and conditions of the
Mediated Settlement Agreement to be presented to the Court for entry; and approve the expenditure and
disbursement of funds as stated.
PREPARED BY: Heidi Ashton - Cicko, Managing Assistant County Attorney
Attachment: Mediated Settlement Agreement
CP \10- 3562 \4701
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.2.
9/11/2012 Item 16.K.2.
Item Summary: Recommendation to approve a Mediated Settlement Agreement with
owner, A L Subs, Inc. and tenant, 951 Petroleum Corporation, and a Stipulated Final Judgment
to be drafted incorporating the same terms and conditions as the Mediated Settlement
Agreement awarding full compensation, business damages, statutory interest, attorney fees
and expert fees and costs in the amount of $320,000 for Parcels 109FEE, 109TCE and 109FEE2,
109TCE2 in the lawsuit styled Collier County v. A. L. Subs, Inc., et al., Case No. 10- 3562 -CA
(Collier Boulevard Project #60092). (Fiscal Impact: $294,440).
Meeting Date: 9/11/2012
Prepared By
Name: CrotteauKathynell
Title: Legal SecretaryCounty Attorney
8/14/2012 4:48:01 PM
Approved By
Name: TaylorLisa
Title: Management /Budget Analyst,Transportation Administr
Date: 8/15/2012 9:19:57 AM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 8/17/2012 8:54:12 AM
Name: HendricksKevin
Title: Manager - Right df Way,Transportation Engineering
Date: 8/20/2012 9:48:08 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 8/20/2012 10:15:27 AM
Name: AshtonHeidi
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9/11/2012 Item 16.K.2.
Title: Section Chief /Land Use- Transportation,County Attor
Date: 8/28/2012 9:41:08 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 8/29/2012 4:08:35 PM
Name: UsherSusan
Title: Management /Budget Analyst, Senior,Office of Manage
Date: 8/31/2012 3:23:54 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 8/31/2012 5:12:25 PM
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9/11/2012 Item 16.K.2.
IN M CIRCUIT COLTRT OF THE TWEN -nFTH JIJDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY. FLORID.,\
CIRCUTIT CIVIL, DIVISION
COLLM'R COUN-TY, FLORIDA, it
political subdivision of the Stott-, of Florida,
Consolidated Case Nos.: 09- 3691 -CA
pelitiorter, 10-3562-CA
Par::cl Nos.: 1 till MB. 109TCE,
109FEE2,109TGE-2
A. L. SUBS. INC.. et al,
Respondents,
-MEDIATED SETTLEMENT AGRFT MEN T
At the Mrdiation Conflareacelteld on June '27,201 2, the rutitic: reached the
followiD4 Setriernent Agreement:
I. P.-titionar will pay to Respondents, A.L Sulu, Inc., 951, Petroleum
Corporation and 951 Holdings CorporaLion, flic sum of 5320,000,00
in fWI scitiement cif all claims for compensation from Petitioner wh=oever, including
statutory interest, a!I claims related to real estate and busiucsi darnages, Wid all
attornry's and experts' fees and costs. Petitioner previously deposited the sum of
$25,7_10.00 in the Registry of the Court in this erase. Upon the entry of the Stipulated!
Filial Judl;,ment in this matter, Petitioner will derx).qit in the Registry of the Court the sum
of 5294-270.00, representing 11he difference between the total settlement sum referenced
above and Petitioner's previous &-posit referenced above,
2. This Settlement Agreement is subject to and conditioned uF.WJn
Respondents resolving rill appor6onment claims. This Settl cniez it Agreemcni is subject
to and coaditinned upon fimil approval of this Agreement by the Bowd of C-Q ry y un
Commissioners Of Collier Counry.
3. Counsel for Petitioner and Respondents will jointly submit to the Court
a mutually aMoved Stipulated Futal Judgment containing the terms and conditions, Of
this Settlement Agr=ncnt within ten days following the final approval of tWs ScWement
Agreement by the Collier County Board of Co". Commissioners.
4. Petitioner's wnstr=tion of the driveway connection closest to the intersection
on Davis Boulevard will not limit the drivewav to an exit -only drivewav, RvAitiorweruill
request that FfYDT approve a construction nian wreadnicni that will change the curt)
dzcsip on the cwn side of the-, drivcw-dy io a radial curb desiem.
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9/11/2012 Item 16.K.2.
, Ntitioney will r;-in:;uIt! ait` tn"arance
- , s icov on to Res N.ndem' Nio
Sc.-VICI lations lo=tcd m sho nona and «t)ujjj , 1)ejvi,j
6,
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ictiimtzr Wflliam R Smith-
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9/11/2012 Item 16.K.2,
IN M cfRCU3T COURT OF TK TWUN717? -1 RDICIAL CIRCUIT
INT AND FOP, COLLIER COUNTY, FLORIDA
CIRCUIT C[VM DIVISION
COLLIER COUNTY, FLORIDA, a
political subdivision of the Slate. offlorida,
Consolidated CAst Nos.: 09-3091-CA.
Petitioner. 10-3562-CA
Parcel Nos.. 109FM 109TCE,
V, 109FEM, I(RME2
A. L SLTS, INC., et al.
Respotulems.
MEDIATED SXTTLEMENT AGR)E<EM-NT
At the Mediatior Coafermce held on June 27, 2012, the parties reached the
following SeWernent Agreement
1. Petition= mill pay to ReWndenM A.L. Subs, Inc., 951 Petrulaim
Corporation and 951 Holdings Corporation, the s= of S320,OW-OO
in M mWertient of all claims for compensadcyn from Petitioner whatsoever, ionluding
smultory iTit=st, ail claims related to real estate and busium damages, and all
attorney's and experts' fees and costs. Peddivier previously dc—posited. the sum of
S-15,730.00 in the Registry of the Court in this case— Upon the entry of the Stipulated
Fimd Judpwnt in this matter, Petitioner will deposit in the Registry of Ow Court the man
of $294,270.00, mpresetiting the cfifference between die toW settlerntat sum referewed
above and Petitioner's previous deposit referenced about.
7 Thin SeWeirmt Agreeinent is subject to mul vanditioned upon
R=pondents resolving all apportionment claims. This Settlement Agreement is subject
to and wnditimed upon final approval of tbit Agreement by the Board of County
Commissioners of Collier County.
3. Counsel for Petitioner and Respernrica3ts will jointly submit to the Court
a mutually approved Stipulated Find Judgment 0ontaining'the ttrMs and conditions of
this Setdeme= Agreement within tM days following the fatal app ioval of this Sctdemcnt
Agreement by the Collier County Boart! of Comry Commissioners.
4. Petitioner's c4ustnction of the driveway connection closest to the intersection
on Mvis Boulevard will not limit dw driveway io an cxkoniy drive-way. PetitiouieTwill
request that FIAT approve a construction plan amendment that will, change the curb
detip on *c eaft side of fbe- driveway to a radial curb design.
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9/11/2012 Item 16.K.2.
5- Pt dtiOncr Will xveircull the ternpo,;,ry,mt=w sib a- to Rcspmd=U' two
sent ce- stations 10med On tb.---w rUt and south sides of Mvig E3c1U3C:vwd.
6- The Stipulated RW Judgmcut i► this C= will inclIlde a provision di's
a
Rftpandwts' counterclaim for injtuictive rclier. ussing
This SCUICtnent Agrmucnt, d=d June 27.:'{712., contains all of the agmMent,5 of the
on bepall- tit pr6tiorxw, Collier CaLffily
Atwroev for PeLqioncy
Esq.
Mediator
Or' behalf Of Respondent, A. L. Subs, Inc,
Najer.b Ullah
an LvWf of RerponderM, 951 p.
etMicur
j
Corporation and 051 Holdings Corporation
Cbarles R- Fomvan, aq,
Anoney for Respondcuts
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9/11/2012 Item 16.K.2.
AshtonHeidi
From: BellowsRay
Sent: Wednesday, August 08, 2012 11:17 AM
To: AshtonHeidi
Subject: CC v, A L Subs-request for letter interpretation regarding setback
Attachments: color photos.hfa.pdf; oledata.mso
Hi Heidi,
As you have requested, I have reviewed the subject property that is located at the
northwest corner of Davis Boulevard (SR-84) and Collier Boulevard (CR 951). If currently
operates as a BP gas station /convenience store. The county took a triangular piece at the
southeast corner of the property to accommodate turn lanes. As a result of the taking, the
BP monument sign is approximately 6 feel from the road right of way, which is the property
line.
The purpose of this e-mail is to inform you that under Section 9.03.07.C.2.o of the LDC, the BP
monument sign on the property at the northwest corner of SIR 84 and CR 951 may remain
after the county's acquisition at approximately 6 feet from the property line as shown on the
attached photographs until the property is redeveloped, as described in Section
9.03.07.C.2.c of the LDC. This opinion is based on the opinion of Mr. Gene Calvert that the
relocation of the sign to the 10 foot setback does not significantly improve highway safety. If
any facts or circumstances should change in the future, which result in an unsafe condition,
then this opinion would no longer apply.
Please let me know if I can be of any other assistance.
R-1
Raymond V. Bellows, Zoning Manager
Zoning Services Section
Department of Planning and Zoning
Growth Management Division - Planning & Regulation
Telephone: 239.252.2463: Fax: 239.252.6350
(z;C28,J*e-r (Z:�O-"nty
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9/11/2012 Item 16.K.2.
AshtonHeidi
From:
CalvertEugene
Sent:
Thursday, August 02, 2012 8:34 AM
To:
MessamMarlene
Cc:
AshtonHeidi; AhmadJay; HendricksKevin; KhawajaAnthony
Subject:
RE: Collier County v A L Subs, Inc.
Marlene,
i have reviewed the issue regarding the location of the BP convenience store monument sign in the northwest quadrant
of the Davis Blvd /Collier Blvd intersection. According to supplied information the sign is approximately 6 feet from the
property line as opposed to 10 feet as required by the County LDC. My review is in regards to if the sign poses a
significant safety risk and should the sign be moved to be 10 feet from the property line to increase safety.
My review was based upon the design drawings by TY Lin and by CH2M Hill of the proposed improvements for the
intersection, including the location of the existing the sign. The sign is located approximately 18 feet north of the
proposed north curb line of Davis Blvd. The BP convenience store has two access points on Davis Blvd, one located
approximately 140 feet west of the west curb line of Collier Blvd and the other approximately 45 feet west of the west
curb line. My review evaluated the impact the sign could have on westbound approaching vehicles on Davis Blvd being
able to adequate see exiting vehicles and in regards to the exiting vehicles being able to see approaching vehicles. The
only vehicle,rnovements that are impacted by the sign are the southbound traff ic on Collier Blvd turning right onto Davis
Blvd.
My findings are that relocating the sign to be 10 feet offset will not significantly improve the highway safety over the
existing location.
More significant is the landscape vegetation in front of and around the sign, and the location of the easterly driveway.
Consideration should be given to modify the landscaping in conjunction with this improvement project and to close the
driveway if and when the property is redeveloped. If you have any questions, please do not hesitate to contact me.
Gene C.
Eugene Calvert, PE, PTOE
Principal Project Manager
Traffic Operations
Transportation Engineering Department
Growth Management Division
2685 Ho seshoe Drive South
Maples. Florida 34104
Phone: (239) 252 -5791
Eugene6alvert(ftollierctov.net
From: AshtonHeidi
Sent: Thursday, July 26, 2012 2:32 PM
To: AhmadJay; MessamMarlene; HendricksKevin; CalvertEugene; KhawajaAnthony
Subject: RE: Collier County v A L Subs, Inc.
up
Mr. Anderson is telling us the sign is setback 6 feet from the road right of way.
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