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Agenda 03/12/2019 Item #16K203/12/2019 EXECUTIVE SUMMARY Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment to settle final compensation for the taking of Parcel 405RDUE, in the amount of $33,377.70, including statutory attorney fees and costs, and expert f ees 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: $33,377.70) OBJECTIVE: To settle full compensation owed for the taking of Parcel 405RDUE 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 405RDUE and deposited $4,730 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 405RDUE is on improved property owned by GG1 Naples, LLC, was required for the construction of the Project, and is a non-exclusive, road right-of-way, drainage and utility easement, containing 1,575 square feet. An aerial photograph of the property is attached. Mediation was held on March 4, 2019. The parties entered into the attached Mediated Settlement Agreement, contingent upon Board approval. The Settlement Agreement terms include the County paying Respondent $33,377.70 over the amount of deposit for final compensation of Parcel 405RDUE and includes all statutory attorney fees and costs and expert fees and costs. 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 the attached Joint Motion for Stipulated Final Judgment with the Circuit Court. FISCAL IMPACT: Funds in the amount of $33,377.70 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 and Stipulated Final Judgment to settle final compensation for the taking of Parcel 405RDUE, in the amount of $33,377.70, 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. (PDF) 2. Joint Motion for Stipulated Final Judgment Order (PDF) 3. Aerial Photograph of Parcel 405 (PDF) 16.K.2 Packet Pg. 1370 03/12/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.2 Doc ID: 8252 Item Summary: Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment to settle final compensation for the taking of Parcel 405RDUE, in the amount of $33,377.70, 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: $33,377.70) Meeting Date: 03/12/2019 Prepared by: Title: Legal Office Administrator – County Attorney's Office Name: Debbie Allen 03/05/2019 10:43 AM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 03/05/2019 10:43 AM Approved By: Review: Transportation Engineering Jay Ahmad Additional Reviewer Completed 03/05/2019 10:55 AM Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 03/05/2019 11:00 AM Growth Management Department Lisa Taylor Additional Reviewer Completed 03/05/2019 11:02 AM Growth Management Department Gene Shue Additional Reviewer Completed 03/05/2019 11:03 AM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 03/05/2019 11:11 AM Transportation Engineering Robert Bosch Additional Reviewer Completed 03/05/2019 11:21 AM Growth Management Department Jeanne Marcella Department Head Review Completed 03/05/2019 12:39 PM County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 03/05/2019 2:58 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/05/2019 3:17 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/05/2019 3:19 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 03/05/2019 3:27 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 03/06/2019 10:35 AM Board of County Commissioners MaryJo Brock Meeting Pending 03/12/2019 9:00 AM 16.K.2 Packet Pg. 1371 COI-LIER COUNTY BOARD OF COLINTY COMMISSIONERS, a political subdivision Of the State of Florida. Petitioner, GGI NAPLES, LLC; ET AL. Respondents. IN'IHE CIRCUIT COURT OF TIIE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COL]}ITY FLORIDA Case No: 2017-CA-1407 Parcel: 405RDUE good faith dcposit in the Court Registry. 79 6. .-- zf, Petitioner will pay Respondent the balance due o1553')r'lithin thiny (30) <lays of the actual date of receipt by tl.re Petitioner's counsel ola contbrmed copy of the aforesaid Stipulated Final Judgment fronr the Courl. MEDIATED SETTLEMENT AGREEMENT AsaresultofaMediationConferenceheldonMarch4,20lgtheparliesreached the fbllowing Settlement Agreement contingent upon the approval of the Collier County Board of Commissioners: 1. Petitioner will pay to Respondent. GOI Naples, LLC, the sum of $Jfi d'a$ in tull settlement ofall claims for oompensation from Petitioner whalsoever, including business damages, but excluding attomey's fees, experts' fees, and costs' 2. In addition to the settlemeql 4mount relerenced in Paragraph I ofthis Agreement, pctitioner rvitl pay S /'/aplin total anomey's fees and attorney litigation co"sts in this case, inclutlingfees reiated to monetary and non-monetary benefits and supplemental proceedings, if anY' 3. hr addition to the scttleraent amount referenced in Paragraph 1 of this Agreetnent, Petitioner will pay Sj1684i'" total experts' fecs and costs in this case' 4. counsel tbr Petitioner and Respondent rvill jointly submit to the court for signature a mutually approved stipulated Final Judgment in this matter as soon as pr.;tical hereofte., tui not prior to the satisf-action of all conditions contained hercin. 5. Petitioncr is entitled to a credit in the amount of $Y/7'O, P ibt it' 16.K.2.a Packet Pg. 1372 Attachment: Mediated Settlement Agreement. (8252 : Mediated Settlement Agreement Parcel 405RDUE - $33,377.70 - Project No. 60145 -17-CA- Petitioner, Collier Co. Robert Bosch 7.Attached hereto is an addendum to this Agreement' Yes y'xo 8.This Agreement, dated March 4, 2019, contains all of the agreements of /Lc lLj,- k_ Resoondent. r.yi fi lnn, , Colleen M. Greene 16.K.2.a Packet Pg. 1373 Attachment: Mediated Settlement Agreement. (8252 : Mediated Settlement Agreement Parcel 405RDUE - $33,377.70 - Project No. 60145 -17-CA- 16.K.2.b Packet Pg. 1374 Attachment: Joint Motion for Stipulated Final Judgment Order (8252 : Mediated Settlement Agreement Parcel 405RDUE - $33,377.70 - Project 16.K.2.b Packet Pg. 1375 Attachment: Joint Motion for Stipulated Final Judgment Order (8252 : Mediated Settlement Agreement Parcel 405RDUE - $33,377.70 - Project 16.K.2.b Packet Pg. 1376 Attachment: Joint Motion for Stipulated Final Judgment Order (8252 : Mediated Settlement Agreement Parcel 405RDUE - $33,377.70 - Project 16.K.2.b Packet Pg. 1377 Attachment: Joint Motion for Stipulated Final Judgment Order (8252 : Mediated Settlement Agreement Parcel 405RDUE - $33,377.70 - Project 16.K.2.b Packet Pg. 1378 Attachment: Joint Motion for Stipulated Final Judgment Order (8252 : Mediated Settlement Agreement Parcel 405RDUE - $33,377.70 - Project 16.K.2.b Packet Pg. 1379 Attachment: Joint Motion for Stipulated Final Judgment Order (8252 : Mediated Settlement Agreement Parcel 405RDUE - $33,377.70 - Project AERIAL – PARCEL 405RDUE GOLDEN GATE BLVD. PROJECT NO. 60145 EXISTING RIGHT-OF-WAY PER PLAT PARCEL 405RDUE / 16.K.2.c Packet Pg. 1380 Attachment: Aerial Photograph of Parcel 405 (8252 : Mediated Settlement Agreement Parcel 405RDUE - $33,377.70 - Project No. 60145 -17-CA-