Agenda 09/11/2012 Item #16K39/11/2012 Item 16.K.3.
Executive Summary
Recommendation to approve a Mediated Settlement Agreement with Respondent, Colombo
Enterprises of Naples, Inc., and a Stipulated Final Judgment to be drafted incorporating the
same terms and conditions as the Mediated Settlement Agreement in the Amount of $525,000
for Parcels 131A, 131B and 133 in the Lawsuits Styled Collier County v. First National Bank
of Naples, et al., Case No. 04- 3587 -CA, and Collier County v. Stonebridge Country Club
Community Association, Inc., et al., Case No. 04- 3588 -CA, which have been consolidated into
one lawsuit, in the Immokalee Road Project #66042 (Fiscal Impact: $346,970).
OBJECTIVE: That the Board approve a Mediated Settlement Agreement with Respondent,
Colombo Enterprises of Naples, Inc., and a Stipulated Final Judgment to be drafted incorporating
the same terms and conditions as the Mediated Settlement Agreement in the Amount of $525,000
for Parcels 131A; 131B and 133 in Collier County v. First National Bank of Naples, et al., Case No.
04- 3587 -CA and Collier County v. Stonebridge Country Club Community Association, Inc., et al.,
Case No. 04- 3588 -CA. These two cases have been consolidated into one case (Immokalee Road
Project #66042) as the parcels have a common owner and issues.
CONSIDERATIONS: Collier County deposited $178,200 into the Court Registry and acquired
title to Parcels 131A, 131B and 133 in accordance with the Orders of Taking entered on December
9, 2004 and December 17, 2004 respectively. The County appraised the takings at $123,000 and the
owner appraised the takings at $6,749,700. The primary issues in this case were severance damages
based on diminished access related to an alleged contractual interest in a median opening based on
the prior Immokalee Road project widening, and alleged flooding. This case is scheduled to go to
trial on November 5, 2012. However, at a mediation conference held on August 8, 2012, the parties
reached an agreement to settle the lawsuit for $525,000 including full compensation for the land
taken, improvements taken, severance damages, business damages, judgment interest and all
attorney fees, expert fees and costs. The owner significantly reduced the severance damage claim
after the court issued a ruling favorable to the County on the access damages.
Staff recommends this settlement because the County is not expected to achieve better results at
trial and will avoid additional costs associated with a trial.
Additional Amount Owed: $ 346,800
Attorney Fees: Included
Expert Fees and Costs: Included
Deposit Fee to Clerk of Court: 170
TOTAL $ 346,970
FISCAL IMPACT: Funds in the amount of $346,970 are available from the Transportation Road
Supported Gas Taxes. Source of funds are Gas Taxes.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This Executive Summary was drafted by the County Attorney's
Office and is legally sufficient for Board action. A majority vote is required. (HFAC)
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9/11/2012 Item 16.K.3.
RECOMMENDATION: That the Board of County Commissioners approve 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; approve
the deposit of funds into the Court Registry; and approve the expenditure and disbursement of funds
as stated.
PREPARED BY: Heidi Ashton - Cicko, Managing Assistant County Attorney
Attachment: Mediated Settlement Agreement
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3.
9/11/2012 Item 16.K.3.
Item Summary: Recommendation to approve a Mediated Settlement Agreement with
Respondent, Colombo Enterprises of Naples, Inc., and a Stipulated Final Judgment to be drafted
incorporating the same terms and conditions as the Mediated Settlement Agreement in the
Amount of $525,000 for Parcels 131A, 131B and 133 in the Lawsuits Styled Collier County v.
First National Bank of Naples, et al., Case No. 04- 3587 -CA, and Collier County v. Stonebridge
Country Club Community Association, Inc., et al., Case No. 04- 3588 -CA, which have been
consolidated into one lawsuit, in the Immokalee Road Project #66042 (Fiscal Impact: $346,970).
Meeting Date: 9/11/2012
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
8/21/2012 2:43:35 PM
Approved By
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
Date: 8/21/2012 3:55:04 PM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 8/22/2012 4:08:17 PM
Name: TaylorLisa
Title: Management /Budget Analyst,Transportation Administr
Date: 8/23/2012 3:17:30 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 8/27/2012 10:15:10 AM
Name: AshtonHeidi
Title: Section Chief /Land Use- Transportation,County Attor
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Date: 8/27/2012 2:39:47 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 8/28/2012 8:55:41 AM
9/11/2012 Item 16.K.3.
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 8/31/2012 3:33:18 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 8/31/2012 5:22:53 PM
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9/11/2012 Item 16.K.3.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL DIVISION
COLLIER COUNTY, FLORIDA, a
Political subdivision of the State of
Florida,
Petitioner,
CASE NO.. 04- 3587 -CA -CAP
v 04- 3588 -CA -CAP
FIRST NATIONAL BANK OF NAPLES, PARCELS: 133,131A, 13113
et al.,
Respondents,
And
STONEBRIDGE COUNTRY CLUB
COMMUNITY ASSOCIATION, INC.,
et al.,
Respondents.
MEDIATED SETTLEMENT AGEMENT
At a Mediation. Conference held on Thursday, August 8, 2012, the parties reached the
following Settlement Agreement.
1. Petitioner, COLLIER COUNTY ( "Petitioner'"), will pay to Respondent,
COLUMBO ENTERPRISES, INC., ("Respondent ") the total sum of $525,000, as full
compensation for any and all claims in this case including, but not limited to, compensation for
the land taken, improvements taken, severance damages, business damages, judgment interest
and all attorneys' fees, all expert fees and all costs. Compensation in this case is subject to
apportionment.
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9/11/2012 Item 16.K.3.
2, Petition[ is entitled to a cicdit in the amount of'$178,200, wllicll was previously
deposited into the Court R.egisiry in this ease on December 29, 2004, by Petitioner.
3. Counsel for Petitioner and Respondent will jointly submit to the Court for
signature a Mutually approved Stipulated Filial Judgment in this matter.
4. Petitioner will deposit the balance due of $346,800 into the Court Registry withilt
thirty (30) days of entry of file Stipulated Final Judgment by file Court.
5. Settlement of this case is conditioned upon filial approval by Coll ier• County
Board of County Cotl9nitsslollers.
DATED this clay of August, 2012.
COLOMBO ENTERPRISES. TNr
Andrew G. Diaz, Esquire (Me(liator)
Florida Bar No; 974196
M04- 358714233
...,,,afoul Jul Ausponaent
2 oF2
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9/11/2012 Item 16.K.3:
2. Petitioner is entitled to a credit in the amount of $178,2000, which was previously
deposited into the Court Registry in this case on December 29, 2004, by Petitioner.
3. Counsel for Petitioner and Respondent will jointly submit to the Court for
signature a mutually approved Stipulated Final Judgment in this matter.
4. Petitioner will deposit the balance due of $346,800 into the Court Registry within
thirty (30) days of entry of the Stipulated Final Judgment by the Court.
5. Settlement of this case is conditioned upon final approval by Collier County
Board of County Commissioners.
DATED this day of August, 2012.
Kevin Hendricks, ROW Acq, Mgr.
Petitio client for Collier County
Jeff L./Hind:
Attomey for
Andrew 43. Diaz,
Florida Bar No: c
CM04- 358714233
(Mediator)
COLOMBO ENTERPRISES, INC.
By:
Margaret Colombo, President
Respondent
John G. Vega, Esquire
Counsel for Respondent
H. Adams Weaver, Esquire
Counsel for Respondent
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9/11/2012 Item 16.K.3.
2. Petitioner is entitled to a credit in the amount of $178,200, which was previously
deposited into the Court Registry in this case on December 29, 2004, by Petitioner.
3. Counsel for Petitioner and Respondent will jointly submit to the Court for
signature a mutually approved Stipulated Final Judgment in this matter.
4. Petitioner will deposit the balance due of $346,800 into the Court Registry within
thirty (30) days of entry of the Stipulated Final Judgment by the Court.
5. Settlement of this case is conditioned upon final approval by Collier County
Board of County Commissioners.
DATED this day of August, 2012,
COLOMBO ENTERPRISES, INC.
� By.
.en c ,ROW Acq, Margaret Colombo, President
client for Collier County Respondent
Jeff L /Hind:
Attorney for
tlett, Esquire
for Petitioner
Andrew G. Diaz, Esquire (Mediator)
Florida Bar No: 974196
CP104- 3 5 8714 2 3 3
John G. Vega, Esquire
Counsel for Respondent
H. Adams Weaver -Esquire
e
Counsel for Respondent
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