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Agenda 07/27/2010 Item #16K 1Agenda Item No. 16K1 July 27, 2010 Page 1 of 11 Executive 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 $59,900.00 for the acquisition of Parcel 151 in the Lawsuit styled Collier County, Florida v. TECH Foundation, et at., Case No. 03- 2499 -CA (Golden Gate Parkway Project #60027). (Fiscal Impact: $15,000.00) OBJECTIVE: That the Board approves a Mediated Settlement Agreement and a Stipulated 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 151 in the lawsuit styled Collier County, Florida v. TECH Foundation, et al., Case No. 03- 2499 -CA (Golden Gate Parkway Project 460027). CONSIDERATIONS: The County acquired the subject property by entry of an Order of Taking on September 12, 2003 and subsequently depositing the amount of $44,900.00 into the Court Registry on September 29, 2003. The improvements on the Parent Tract include a single story structure used by the owners as the Naples Bridge Center and a large parking area. The taking is 151 feet along Golden Gate Parkway and 33 feet deep at the west property line and 41 feet deep at the east property line. The County and Respondents have negotiated a settlement of $59,900.00 for full compensation. Should this matter proceed to trial and the Bridge Club obtain a favorable judgment, any amount awarded would be subject to statutory attorney's fees dating back to 2003 at an annual rate as high as 11 %. This settlement provides for no interest fees. The settlement reflects the County's exposure to damages because the County's roadway expansion encroached onto the septic drainfield for the property. Improvement values were negotiated regarding the cost of sewage hookup expenses. If the settlement is approved, the County is responsible for the following costs: • Additional Deposit/Disbursement Amount: $ 15,000.00 • Expert Fees: $ included • Clerk's Service fee: $ 0 • Attorney's Fees: $ included TOTAL: $ 15,000.00 Attached is the Mediated Settlement Agreement providing for the above- stated funds. FISCAL IMPACT: Funds in the amount of $15,000.00 will come from Impact Fee Funds. Source of funds are Impact Fees. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. STW 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; approve the expenditure and disbursement of funds as stated. PREPARED BY: Steven T. Williams, Assistant County Attorney, Office of the County Attorney Agenda Item No. 16K1 July 27, 2010 Page 2 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K1 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 $59.900.00 for the acquisition of Parcel 151 in the Lawsuit styled Collier County, Florida v. TECH Foundation, et al.. Case No. 03- 2499 -CA (Golden Gate Parkway Project #60027). (Fiscal Impact: $15,000.00) Meeting Date: 7/27/2010 9.00:00 AM Prepared By Steven Williams Assistant County Attorney Date County Attorney County Attorney 6/2912010 11:39:13 AM Approved By Debbie Armstrong Project Manager Date Transportation Engineering & Transportation Division Construction Management 6/29/2010 2:54 PM Approved By Lisa Taylor Management /Budget Analyst Date Transportation Division Transportation Administration 6/29/2010 2:59 PM Approved By Norm E. Feder, AICP Administrator - Transportetion Date Transportation Division Transportation Administ.ation 7/1/2010 3:15 PM Approved By Steven Williams Assistant County Atto, ney Date County Attorney County Attorney 7/'20101:31 PM Approved By Naich Ahmad Director - Transportation Engineering Date Transportation Engineering & Transportation Division Construction Management 7/12;2010 9:48 AM Approved By Heidi F. Ashton Section Chief,Land Use- Transportation Cate County Attorney County Attorney 7112"2010 10:21 AM Approved By Harry Henderson Review Appraiser Date ' Transportation Division Transportation Engineering & Construction Management 715i2010 10:07 AM Approved By Agenda Item No. 16K1 July 27, 2010 Page 3 of 11 Jeff Klatzkow County Attorney Date 771512010 2:58 PM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 7/15/2010 3:15 PM Approved By Randy Greenwald ManagementiBudget Analyst Date Office of Management & Office of Management &Budget 7115!2010 3:39 PM Budget Approved By Susan Usher Management/Budget Analyst, Senior Date Office of Management & Office of Management &Budget 7/16/2010 6:15 PM Budget Approved By Mark lsackson ManagementiBudget Analyst, Senior Date Office of fanagement & Office of Management &Budget 711712010 11:58 AM Budget Agenda Itern No. 16K1 July 27, 2010 Page 4 of 11 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No. 03- 2499 -CA 0 TECH FOUNDATION, INC., et al., Parcel: 151 Respondents. STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondents, Naples Bridge Center, Inc., by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel 151 for Project No. 60027, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondents, Naples Bridge Center, Inc., and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, Naples Bridge Center, Inc., have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Fifty Nine Thousand Nine Hundred and No/] 00 Dollars ($59,900.00) for Parcel 151, as full payment for the property interest taken and for damages resulting to the remainder, if less than the entire property was taken, and for all other damages in connection with said parcel; it is further i Agenda Item No. 16K1 July 27, 2010 Page 5 of 11 ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good faith estimate of value previously deposited in the amount of $44,900; it is further ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay an additional Fifteen Thousand and No /100 Dollars ($15,000.00) to Respondents, inclusive of attorney's fees, expert fees and costs, and no other attorney's fees or costs shall be awarded in this case; it is further ORDERED AND ADJUGED that without further order of the Court, that within thirty (30) days hereof, the Petitioner, Collier County, shall pay to Respondent, NAPLES BRIDGE CENTER INC., the total balance of $15,000.00 to the John G. Vega, P.A. Trust Account, c/o John G. Vega, Esq., 201 0' Street South, Naples, FL, 34102, for the benefit of Respondent, NAPLES BRIDGE CENTER, INC.; it is further ORDERED AND ADJUDGED that the perpetual easement to Parcel 151, being fully described in Exhibit `A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated September 12, 2003, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above - styled cause and recorded in Official Record Book 3318, Page 2178 of the Public Records of Collier County, Florida be dismissed as to Parcel 151; it is further ORDERED AND ADJUDGED that the Court reserves jurisdiction to enforce the terms of this Stipulated Final Judgment; it is further ORDERED AND ADJUDGED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is further 2 Agenda Item No. 16K1 July 27, 2010 Page 6 of 11 ORDERED AND ADJUDGED that this Order disposes of all claims arising out of the taking of Parcel 151 and that have or could have been asserted in this cause; it is further ORDERED AND ADJUDGED that the compensation award is subject to the claims of the mortgagee, if any; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of 2010. conformed copies to: Steven T. Williams, Esquire John G. Vega, Esquire Kevin Hendricks, Acquisition MantTransp. Accounting M 3 HONORABLE HUGH D. HAYES CIRCUIT COURT JUDGE Agenda Item No. 1GK1 July 27, 2010 Page 7 of 11 JOINT MOTION FOR STIPULATED FINAL JUDGMENT Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, NAPLES BRIDGE CENTER, INC., hereby respectfully move for entry of the foregoing Stipulated Final Judgment as to Parcel 151. Dated: JOHN G. VEGA. ESQ. Florida Bar No. 946265 JOHN G. VEGA, P.A. 201 St" Street. South Naples, FL 34102 (239) 659 -3251— Telephone (239) 659 -3427 — Facsimile ATTORNEY FOR RESPONDENTS, CP: 4 Dated: STEVEN T. WILLIAMS, ESQ. Florida Bar No. 0740101 ASSISTANT COUNTY ATTORNEY Harmon Turner Building, 8th Floor 3'0 1 East Tamiaini Trail Naples. Florida 34112 (239) 252 -8400 - Telephone (239) 252 -6300 - Facsimile ATTORNEY FOR PETITIONER Agenda Item No. 16K1 July 27, 2010 Page 8 of 11 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.: 03- 2499 -CA V. Parcel No.: 151 TECH FOUNDATION, et al. Respondents. MEDIATED SETTLEMENT AGREEMENT At the Mediation Conference held on June 10, 2010, the parties reached the following Settlement Agreement: 1. Petitioner will pay to Respondent, Naples Bridge Center, the sum of %00. 00 in full settlement of all claims for compensation from Petitioner whatsoever, including statutory interest and all claims related to real estate, l A LL wwkWieg 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 $ #/� 10c.,00 , 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 Agreement and the entry of the Stipulated Final Judgment in this matter, Petitioner will deposit in the Registry of the Court the sum of $ /�S BOG 07 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 Respondent's attorney $1 NCWA1>LX1 A BoYc in full settlement and satisfaction of all attorney's fees 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 Respondent's expert witnesses $ 116r=1= ,ca,<e Agnvi,l in full satisfaction of all expert witness costs incurred by Respondent in this case. 4. This Settlement Agreement is subject to and conditioned upon final approval by the Board of County Commissioners of Collier County. Agenda I "•.em No. 16K1 July 27, 2010 Page 9 of 11 5. Counsel for Petitioner and Respondent will jointly submit to the Court 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. 6. Within thirty days of the date of receipt by Petitioner's counsel of a conformed copy of the Stipulated Final Judgment, Petitioner will deposit into the Registry of the Court the additional compensation due and owing to Respondent referenced in Paragraph 1 of this Settlement Agreement, and pay to Respondent's counsel all of the attorney's and experts' fees and costs referenced in Paragraph 2 and Paragraph 3 of this Agreement, Attached hereto is an addendum to this Settlement Agreement. ,/ Yes No This Settlement Agreement, dated June 10, 2010, contains all of the agreements of the parties. Debbie Armstrong on behalf of etitioner, Collier County - h+�. L J -- - - - -- Steven T. Williams, Esq. Attorney for Petitioner William B. Smith, rsq. Mediator Anthony J. CipollalMtctaAdt Fiws r on behalf of Respondent, Naples Bridge Center Agenda Item No. 16K1 July 27, 2010 Page 10 of 11 ADDENDUM TO MEDIATED SETTLEMENT AGREEMENT This settlement is made subject to the following additional conditions: ( �k Ll z L Debbie Armstrong on behalf of letitioner, Collier County ?. _LJ Steven T. Williams, Esq. Attorney for Petitioner Air -=-- William B. Smith, Es�. Mediator Anthony J. Cipol a Mi-HAE.t F(wlr on behalf of Respondent, Naples Bridge John (. Vega, Esq. Attoynev for Resno TRACT 66 ESw A __1 L_ 11 .„ 16K1 EXIiIHIT A — July 2010 330 1P1.,n J Page 1 of 11 FELT HALL TRUST PERRY NAPLES OR' DEE CENTER, INC. OR 2719/3426 OR 2542/3205 OR 877/1642 TRACT 75 GOLDEN GATE ESTATES UNIT 30 POT, BOON 7 PAGE 58 W1, L IF GOLDEN GATE PARKWAY (CR 886) PWDWAr EASEMCNI PER PLAT OF BE CORNER TRACT 75 T— LEGAL DESCRIPTION FOR TRACT 151 SW /RP - SIDEWALK / BIKE PA *N SMT �D A PORTION OF TRACT 75 GOLDEN GATE ESTATES, UNIT 30 AS RECORDED IN PLAT BOOK 7, PAGE 58 OF 'HE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA SITUATE IN SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCE AT THE SOUTHEAST CORNER OF SAID TRACT 75; TI -IENCE N.00'27'49 "W., ALONG THE EAST LINE OF SAID TRACT 75, A DISTANCE OF 50.00-FEET, TO A POINT ON THE NORTH LINE OF A ROADWAY EASEMENT (100' WIDE) AS PER SAID PLAT AND ©SING THE POINT OF BEGINNING; THENCE 5.89'31'37 "W., ALONG THE SAID NORTH LINE, A DISTANCE OF 150.!0 FEET, TO THE WEST LINE OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 877, PAGE 'h42 OF THE P'JBUC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N.00'27'45 "W., ALONG TIE SAID WEST I INE, A DISIANCE OF 33 OO =EET; THENCE LEAVING THE SAID WEST LINE, N. ©9'31'37 "E, A D'. STANCE OF 75.20 FEET; THENCE IN 00'28'23 "W., A DISTANCE OF 5,00 FEET; THENCE N.89'31'37 "E, A DISTANCE OF 74.90 FEET, TO T4E SAID EAST LINE; THENCE 5.00'27'49 'E., ALONG THE SAID LAST LINE A DISTANCE OF 41.00 FEET, TO THE POINT OF BEGINNING, CONTAINING 5,553 SQUARE 'EET, MORE OR LESS - PLAIN -S . ARE 940 E1PR A.1KDAN D xx (xAO.) s56 -1 A1SI sA1E 'LIFE DORmNATE SrsTEx (GRID) 'OR rmx+M PFF To to ONE. SKETCH & DESCRIPTIDN ONLY —' —� 160 NOT A BOUNDARY SURVEY Roc'A c. RRO1ESS1.L "OI.F I MAPPER SCALE'. ] " =00' 1LDROR REGIS!RATIOx�j ERTln+u'J/iE-NO 5702 sJGNRlc DATE: 50 _GLP L' L FOR COLDER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NOT .uIO WITHOUT THE DRIOINAL smNATORE x RAISED EwR06SED SEAL or LGRIDA AtIRSTEIED 'N.1111IDWL SURVEYDR AND WRPER GOLDEN GATE PARKWAY IMPROVEMENTS '[ \�['TA SI(ETCH & DESCRIPTION DIP: PERPETUAL, NON - EXCLUSIVE ROAD mNSU77r "�rvc{ RIGHT -OP -WAY, DRAINAGE AND UTILITY EASEVIEUr \. • •1 .l. I PARCEL lot 3OP TORT H HORSESHOE DRIE, 1OTE III NAP:FS PLoODA 14101 COLLIER FOUNTY, FLORIDA U,(94 D 649.1559 Am 1948 W97656'. L0 No.: 6952 CUd00115B R I REVIZ ION I SECTION ITOW ^I59NN I Rn26E SCANO o PATE LZ DRARF�G 8V DC E5SK 1J91 SHEEOF i ND�X ND.; SIP 24, 2002 - 1C'59'95 P;\La,iJ 111-1t R2 \01- 00!,5 \Ow Feviaerl /veA 11-26 - 9� 02 \COISSKI51 Ov0 'LLL -GJ GNISIINL ROADWAY FA5[Mf i PERPETUAL USE D PUT 800H l NI pC01WTFU iUh THE UBLO PER PALE 56 jT .PROPOSED LLNL1d4 ADDITIONA. RIOII- .OE -WAT 'y TRACT 82 0ERPETUAL, NO - EXCLUSIVE PROPOSED RICH!-OF-4 ncrvDR Esw Ar ROAD RIGHT -OF -WAY AND UTILITY PARCEL, 5,553 a DRAINAGE EASEMENT 151 It. GOLDEN GATE PARKWAY (CR 886) PWDWAr EASEMCNI PER PLAT OF BE CORNER TRACT 75 T— LEGAL DESCRIPTION FOR TRACT 151 SW /RP - SIDEWALK / BIKE PA *N SMT �D A PORTION OF TRACT 75 GOLDEN GATE ESTATES, UNIT 30 AS RECORDED IN PLAT BOOK 7, PAGE 58 OF 'HE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA SITUATE IN SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCE AT THE SOUTHEAST CORNER OF SAID TRACT 75; TI -IENCE N.00'27'49 "W., ALONG THE EAST LINE OF SAID TRACT 75, A DISTANCE OF 50.00-FEET, TO A POINT ON THE NORTH LINE OF A ROADWAY EASEMENT (100' WIDE) AS PER SAID PLAT AND ©SING THE POINT OF BEGINNING; THENCE 5.89'31'37 "W., ALONG THE SAID NORTH LINE, A DISTANCE OF 150.!0 FEET, TO THE WEST LINE OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 877, PAGE 'h42 OF THE P'JBUC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N.00'27'45 "W., ALONG TIE SAID WEST I INE, A DISIANCE OF 33 OO =EET; THENCE LEAVING THE SAID WEST LINE, N. ©9'31'37 "E, A D'. STANCE OF 75.20 FEET; THENCE IN 00'28'23 "W., A DISTANCE OF 5,00 FEET; THENCE N.89'31'37 "E, A DISTANCE OF 74.90 FEET, TO T4E SAID EAST LINE; THENCE 5.00'27'49 'E., ALONG THE SAID LAST LINE A DISTANCE OF 41.00 FEET, TO THE POINT OF BEGINNING, CONTAINING 5,553 SQUARE 'EET, MORE OR LESS - PLAIN -S . ARE 940 E1PR A.1KDAN D xx (xAO.) s56 -1 A1SI sA1E 'LIFE DORmNATE SrsTEx (GRID) 'OR rmx+M PFF To to ONE. SKETCH & DESCRIPTIDN ONLY —' —� 160 NOT A BOUNDARY SURVEY Roc'A c. RRO1ESS1.L "OI.F I MAPPER SCALE'. ] " =00' 1LDROR REGIS!RATIOx�j ERTln+u'J/iE-NO 5702 sJGNRlc DATE: 50 _GLP L' L FOR COLDER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NOT .uIO WITHOUT THE DRIOINAL smNATORE x RAISED EwR06SED SEAL or LGRIDA AtIRSTEIED 'N.1111IDWL SURVEYDR AND WRPER GOLDEN GATE PARKWAY IMPROVEMENTS '[ \�['TA SI(ETCH & DESCRIPTION DIP: PERPETUAL, NON - EXCLUSIVE ROAD mNSU77r "�rvc{ RIGHT -OP -WAY, DRAINAGE AND UTILITY EASEVIEUr \. • •1 .l. I PARCEL lot 3OP TORT H HORSESHOE DRIE, 1OTE III NAP:FS PLoODA 14101 COLLIER FOUNTY, FLORIDA U,(94 D 649.1559 Am 1948 W97656'. L0 No.: 6952 CUd00115B R I REVIZ ION I SECTION ITOW ^I59NN I Rn26E SCANO o PATE LZ DRARF�G 8V DC E5SK 1J91 SHEEOF i ND�X ND.; SIP 24, 2002 - 1C'59'95 P;\La,iJ 111-1t R2 \01- 00!,5 \Ow Feviaerl /veA 11-26 - 9� 02 \COISSKI51 Ov0