Agenda 01/22/2019 Item #16K601/22/2019
EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agreement for final compensation in the
amount of $30,464 for Parcel 406RDUE, including statutory attorney fees and costs, and expert fees
and costs, in the lawsuit styled Collier County v. GG1 Naples, LLC, et al, Case No. 17-CA-1407,
required for the Golden Gate Boulevard Expansion Project No. 60145. (Fiscal Impact: $25,834)
OBJECTIVE: To settle full compensation owed for the taking of Parcel 406RDUE required for the
expansion of roadway and related drainage and utility improvements to Golden Gate Boulevard
Expansion Project, (Project No. 60145), hereinafter referred to as the “Project.”
CONSIDERATIONS: On December 19, 2017, the County condemned Parcel 406RDUE and deposited
$4,800 into the Court Registry as a good faith estimate of value pursuant to an Order of Taking in the
lawsuit styled Collier County v. GG1 Naples, LLC, et al, Case No. 17-1407. Parcel 406RDUE is an
improved property owned by Charles and Debra Esposito, required for the construction of the Project, and
is a non-exclusive, road right-of-way, drainage and utility easement, containing 7,665 square feet. An
aerial photograph of the property is attached.
Mediation was held on January 14, 2019. The parties entered into the attached Mediated Settlement
Agreement, contingent upon Board approval. The Settlement Agreement terms include the County paying
Respondents $30,464 in full settlement of all claims for final compensation of Parcel 406RDUE,
including statutory attorney fees and costs, and expert fees and costs. If approved, the County will be
obligated to pay an additional $25,664 over the amount on deposit. Additionally, the County will incur a
fee from the Clerk’s Office for the Court Registry deposit in the amount of $170.
The County Attorney’s Office and Staff recommend approval of the Mediated Settlement Agreement,
since a better result is not anticipated at trial. Upon approval, the CAO will file a Joint Motion for
Stipulated Final Judgment encompassing the terms of the Settlement Agreement, with the Circuit Court.
FISCAL IMPACT: Funds in the amount of $25,834 will be paid from impact fees from the Golden Gate
Boulevard Expansion Project No. 60145. The primary funding source for the acquisition of right -of-way
is impact fees. Should impact fees not be sufficient within a particular project, the secondary funding
source will be gas taxes.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been prepared by the County Attorney’s Office, is
approved as to form and legality, and requires a majority vote for Board approval. - CMG
RECOMMENDATION: To approve a Mediated Settlement Agreement in the amount of $30,464 for
Parcel 406RDUE, including statutory attorney fees and costs, and expert fees and costs, in the lawsuit
styled Collier County v. GG1 Naples, LLC, et al, Case No. 17-CA-1407, required for the Golden Gate
Boulevard Expansion Project No. 60145.
Prepared by: Colleen M. Greene, Assistant County Attorney
ATTACHMENT(S)
1. Mediated Settlement Agreement - Esposito (PDF)
2. Aerial Photograph of Parcel 406RDUE (PDF)
16.K.6
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01/22/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.6
Doc ID: 7793
Item Summary: Recommendation to approve a Mediated Settlement Agreement for final
compensation in the amount of $30,464 for Parcel 406RDUE, including statutory attorney fees and costs,
and expert fees and costs, in the lawsuit styled Collier County v. GG1 Naples, LLC, et al, Case No. 17-
CA-1407, required for the Golden Gate Boulevard Expansion Project No. 60145. (Fiscal Impact:
$25,834)
Meeting Date: 01/22/2019
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
01/15/2019 2:49 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
01/15/2019 2:49 PM
Approved By:
Review:
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 01/15/2019 3:31 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 01/15/2019 4:33 PM
Growth Management Department Gene Shue Additional Reviewer Completed 01/15/2019 5:18 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 01/16/2019 6:47 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 01/16/2019 7:14 AM
Transportation Engineering Robert Bosch Additional Reviewer Completed 01/16/2019 8:12 AM
Growth Management Department Jeanne Marcella Department Head Review Completed 01/16/2019 8:37 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 01/16/2019 11:37 AM
County Attorney's Office Scott Teach Additional Reviewer Completed 01/16/2019 11:44 AM
County Attorney's Office MaryJo Brock Level 3 County Attorney's Office Review Skipped 01/16/2019 11:09 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/16/2019 11:47 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 01/16/2019 1:50 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 01/16/2019 1:58 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/22/2019 9:00 AM
16.K.6
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16.K.6.a
Packet Pg. 1348 Attachment: Mediated Settlement Agreement - Esposito (7793 : Mediated Settlement Agreement - $30,464 - Parcel 406RDUE - Project 60145 -
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Packet Pg. 1349 Attachment: Mediated Settlement Agreement - Esposito (7793 : Mediated Settlement Agreement - $30,464 - Parcel 406RDUE - Project 60145 -
16.K.6.a
Packet Pg. 1350 Attachment: Mediated Settlement Agreement - Esposito (7793 : Mediated Settlement Agreement - $30,464 - Parcel 406RDUE - Project 60145 -
16.K.6.b
Packet Pg. 1351 Attachment: Aerial Photograph of Parcel 406RDUE (7793 : Mediated Settlement Agreement - $30,464 - Parcel 406RDUE - Project 60145 - Case