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Agenda 09/27/2011 Item #16K3 912712011 Item 16.K.3. . Ex~utive Sum.ary "......... Recommendation to Approve a Mediated SettIeuleDt Agreement and a StipulateclFiltal Judgmeu.t to be drafted iDeorporating the same terms and conditions as the Mediated Settlemeat Agreement in dae..amount of S60,ooo for. the aequisition of Parcels 157FEE and 157TCE in the Lawsuit styledCoUier COIllUy,F/oridfll'. KlltIunyn MOrellO, et al., Case N..IO- 2741-CA (ColUer Blvd. ~ject No. 68056). (F'iscal Impact: 549,700) OB,JE~: That the Board approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same tenns and conditions as the. Mediated Settlernent Agreement as full and final compensation to be paid for the acquisition of Parcels IS7FEE,and IS7TCE in the lawsuit styled Collier County, Florida l'. Katheryn Moreno, etat., Case No. 10- 2741-CA (Collier Blvd. Project No. 68056). CONSmERA;TIONS: Collier County condemned a .265 Acres (11,550 square feet) strip of perpetual,non-ex-elusive, road right-of-way and .034 acres (1,500 square feet) for a temporary construction easement from property owner, Carlos Botana, for the expansion of Collier Boulevard from Green Boulevard to Golden Gate,. 'Boulevard. The County's initial appraisal valued compensation at S30,300and in July 2008 the County made its statutory offer for thatamo1.U1t. "......... The County's updated 2010 appraisal showed a decline inthe.market and valued the compensation at $10,300. The Order of Taking hearing was held on October 19,2010 and $10,300 was ordered deposited into the Registry of the Court for the benefit of the Re~ndent, Carlos Botana. This amount was subsequentIy'withdrawn by the Respondents. The principal issues in this matter were the per, acre valuation of the. land taken and severance damages. Differences in the appraisers' opinions as to the highest and best use of the property led to the divergence in appraised values. The owners' appraiser suggested that the highest and best use could be commercial, due to the presence of nearby churches, model homes, and potential for commercial rezoning along the Collier Boulevard corridor. The owners' appraiser valued the taking at $92,280. The County's appraiser did not have any severance damages, and given the present residential zoning, the County's appraiser did not agree with the suggestion that, for vWuation purposes, the highest and best use could be other than residential. At a mediation conference held on July 21, 2011, the County and Respondents sqccessfully negotiated the land values and improvement values and reached a settlement of $60,000 for full compensatic)nincluding attorney fees, expert fees and costs. If the settlement is approved, the County is responsible for the following costs: · Additional DepositlDisbursement Amount Including Attorney's FeeslExpert Fees and Costs: $49.700 TOTAL: $49,700* (*$60,000, less $10,300 previously paid to Respondent) r"\ Attached is the Mediated Settlement Agreement providing for the above-stated funds. FIS~AL IMPACT: Funds in the amount of$49,700 are available in Impact Fees. Packet Page -247()" ~ ,.-.. .-.. 9/27/2011 Item 16.K.3. GROWTH MANAGEMENT IMP ACT: None. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action and requires a majority vote for approval. JW RECOMMENDATION: That the Board of County Commissioners approve the Mediated Settlement Agreement; approve a Stipulated Final Judgment, incorporating the terms and conditions of the Mediated Settlement Agreement, to be presented to the Court for approval and entry; and approve the expenditure and disbursement of funds, as stated above. PREPARED BY: JeffE. Wright, Assistant County Attorney, Office of the County Attorney I 0-2741 CA/2420 Packet Page -2471- 9/27/2011 Item 16.K.3. COLLIER COUNTY ,.-.. Board of County Commissioners Item Number: 16.K.3. 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 $60,000 for the acquisition of Parcels 157FEE and 157TCE in the Lawsuit styled Collier County, Florida v. Katheryn Moreno, et aI., Case No. 10-2741-CA (Collier Blvd. Project No. 68056). (Fiscal Impact: $49,700) Meeting Date: 9/27/2011 Prepared By Name: CrotteauKathynell Title: Legal Secretary, County Attorney 8/31/2011 9:11:57 AM Approved By ,.-.. Name: AhmadJay Title: Director - Transportation Engineering,Transportation Engineering & Construction Management Date: 9/1/2011 10:35:56 AM Name: HendricksKevin Title: Manager - Right of Way, Transportation Engineering Date: 9/8/2011 3:26:44 PM Name: TaylorLisa Title: Management/Budget Analyst,Transportation Administr Date: 9/9/2011 1 :40:59 PM Name: FederNorman Title: Administrator - Growth Management Div,Transportati Date: 9/13/2011 10:39:50 AM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 9/16/2011 12:44:39 PM ~ Name: UsherSusan Packet Page -2472- ..-.. ,.-.. .-.. 9/27/2011 Item 16.K.3. Title: Management/Budget Analyst, Senior,Office of Manage Date: 9/18/20111:28:53 PM Name: KlatzkowJeff Title: County Attorney, Date: 9/19/2011 4:02:36 PM Name:Isackso~ark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 9/19/2011 5:07:23 PM Packet Page -2473- 9/27/2011 Item 16.K.3. . . ~, ,.-.. 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.: 1O-2741-CA v. Parcel Nos.: 157FEE, 157TCE KATHERYN MORENO, eta!. Respondents. . / MEDIA TED SETTLEMENT AGREEMENT At the Mediation Conference held on July 21, 2011, the parties reached the \ following Settlement Agreement: I}. 1. .. Petitioner will pay to Respondent, Carlos Botana, the sum of .i '.1, ~ $ ,,() CJ aQ. 0" in full settlement of all claims for compensation from fIV Petitio~er whatsoever, including statutory interest and all claims related to real estate," ~ QJEill~J:.1h attorney's fees, experts' fees, and costs. Said sum will be subject to claims of . apportionment, if any. Petitioner is entitled to a credit in the amount of $10)30<>. co , said amount having been previously deposited in the Registry of the Court in this case by Petitioner. Upon the satisfaction of the terms and conditions of this Settlement Agreement and the entry of the Stipulated Final Judgment in this matter, Petitioner wi II deposit in the Registry of the Court the sum of $ If-'f J '100 . 00 , representing the difference between the total settlement sum referenced above and Petitioner's previous deposit referenced above. 2. In addition to the above-referenced settlement sum, Petitioner will pay to the trust account of Respondent's attorney $'N~n AfI.ov~ in full settlement and satisfaction of all attorney's fees, including fees related to monetary and non-monetary benefits and supplemental proceedings, ifany, and attorney's litigation costs incurred by Respondent in this case. 3. In addition to the above-referenced settlement sum and the above- referenced attorney's fees and attorney's litigation costs, Petitioner will pay to the trust account of Respondent's attorney $ '''ctU-a)'-ft A$t}"~ in full satisfaction . of all expert witness costs incurred by Respondent in this case. ---- Packet Page -2474- 9/27/2011 Item 16.K.3. -., 4. This Settlement Agreement is subjecno and conditioned upon final approval by the Board of COlUlty Commissioners of Collier County. 5. Counsel for Petitioner and Respondent will jointly subrnit to the Court a mutually approved Stipulated Final Judgment containing the tenns 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. 6. Attached hereto is an addendum to this Settlement Agreement. /' Yes No This Settlement A reement, dated July 21,2011, contains all of the agreements of the parties. ,.-.. ~.c?~ @~__ Respondent, Carlos Sotana "-I- ~n Z arles R~ : Esq:- Attorney for Respondent Je E right, Esq. Attorney for Petitioner William B. Smith, Esq. Mediator ~ Packet Page -2475- 9/27/2011 Item 16.K.3. J ,.-.. ADDENDUM TO MEDIATED SETTLEMENT AGREEMENT This settlement is made subject to the following additional conditions: f. T~ ~ f>A~ -rr~.s Atifl,U 'r7~ lltk- ""f.ItE~-1t~ i~""'u:"y'k.. .!7 ~ ?~I t6'7 re.. ti. '" J.f Ir&..~ ~1'\1-LN C!.t/ fUN cp -t._."" 1-, ~d.s 1:s.s~N';:" o~ 11'4 ~OYI~ T~ '1'~c.u.cl. +0 IT'S eAII1~C"T'".e.. ~t:Jit- "17k../ Cell, <"1'- "8t!)V-I-~V~ oIS",x 1A1'JII'J~ f)JUj",.u:.-r. , -- ~ ~~~ - espondent, Carlos Botana . Je . Wright, Esq. Attorney for Peti~ W~II' B S 'h E 1 Jam . mlt, sq. Mediator. ~L ~ fL "7:.- es R. rman, ESq:- - Attorney for Respondent \ -., Packet Page -2476-