Agenda 05/28/2019 Item #16K 3 (Settlement Agreement - Kinh Thi Pham)05/28/2019
EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment to
settle final compensation for the taking of Parcel 434RDUE, in the amount of $20,832.50, including
statutory attorney fees and costs, and expert f ees and costs, in the lawsuit styled Collier County v.
Kinh Thi Pham, et al, Case No. 17-CA-1473, required for the Golden Gate Boulevard Expansion
Project No. 60145. (Fiscal Impact: $16,932.50)
OBJECTIVE: To settle final compensation owed for the taking of Parcel 434RDUE required for the
expansion of roadway and related drainage and utility improvements to Golden Gate Boulevard
Expansion Project No. 60145 (east of Everglades Blvd. to Faka Union Canal), hereinafter referred to as
the “Project.”
CONSIDERATIONS: On December 19, 2017, the County condemned Parcel 434RDUE and
subsequently deposited $3,900 into the Court Registry as a good faith estimate of value pursuant to an
Order of Taking in the lawsuit styled Collier County v. Kinh Thi Pham, et al, Case No. 17-CA-1473.
Parcel 434RDUE is on vacant property owned by Kinh Thi Pham and Phong The Pham, was required for
the construction of the Project, and is a non-exclusive, road right-of-way, drainage and utility easement,
containing 7,200 square feet. An aerial photograph of the property is attached.
On May 16, 2019, the County Attorney’s Office (“CAO”) and Transportation staff participated in
Mediation, and the parties reached a Mediated Settlement Agreement, contingent upon approval of the
Board of County Commissioners. The terms of the Agreement require the County pay Respondent
$20,832.50 for the easement interest taken, which amount includes the County’s original deposit into the
Court Registry, statutory attorney fees and costs, and expert fees and costs.
The CAO and staff recommend approval of the proposed Stipulated Final Judgment 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 $16,932.50 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 434RDUE, in the amount of $20,832.50, including
statutory attorney fees and costs, and expert fees and costs, in the lawsuit styled Collier County v. Kinh
Thi Pham, et al, Case No. 17-CA-1473, 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)
16.K.3
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05/28/2019
2. Joint Motion for Stipulated Final Judgment as to Parcel 434RDUE (PDF)
3. Aerial Photograph of Parcel 434RDUE (PDF)
16.K.3
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05/28/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3
Doc ID: 9049
Item Summary: Recommendation to approve a Mediated Settlement Agreement and Stipulated
Final Judgment to settle final compensation for the taking of Parcel 434RDUE, in the amount of
$20,832.50, including statutory attorney fees and costs, and expert fees and costs, in the la wsuit styled
Collier County v. Kinh Thi Pham, et al, Case No. 17-CA-1473, required for the Golden Gate Boulevard
Expansion Project No. 60145. (Fiscal Impact: $16,932.50)
Meeting Date: 05/28/2019
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
05/20/2019 3:51 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
05/20/2019 3:51 PM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 05/21/2019 7:13 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 05/21/2019 7:39 AM
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 05/21/2019 7:43 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 05/21/2019 7:46 AM
Transportation Engineering Robert Bosch Additional Reviewer Completed 05/21/2019 7:56 AM
Growth Management Department Rosa Villarreal Additional Reviewer Skipped 05/21/2019 8:40 AM
Growth Management Department Jeanne Marcella Department Head Review Completed 05/21/2019 8:41 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 05/21/2019 9:31 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/21/2019 9:35 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/21/2019 11:53 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 05/21/2019 3:24 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 05/21/2019 3:33 PM
Board of County Commissioners MaryJo Brock Meeting Pending 05/28/2019 9:00 AM
16.K.3
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COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS, a political subdivision
Ol'the State of Florida.
Petitioner,
KINH TIII PHAM, ET AL.
IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY
FI,ORIDA
Case No: 2017-CA-1473
Parcel: 434RDUE
Respondents.
MEDIATED SETTLEMENT AGRI,EMENT
As a result of a Mediation Conference held on May i6,2019 the parties reached
thc following Settlement Agreement contingent upon the approval of the Collier Counti,
Board of Commissioners:
l. Petitioner will pay to Respondents, Kinh Thi Pham, the sum of $ l3i15CF
in lull settlement ofall claims for compensation liom Petitioner whatsoever, including
business damages, but excluding attomey's fees, experts' fees, and costs.
2. In addition to the settleme4l.amount referenced in Paragraph I ofthis
Agreement, Petitioner will pay $ 3, i gZ1" in total alrorney's fees anJ attomey litigation
costs in this case, including fees related to monetary and non-monctary benefits and
supplemental proceedings, if an1,.
3. In addition to the seltleflent amount relerenced in Paragraph I ol'this
Agreement, Petitioner will pay $J7")Z' in toral experts' fees and costs in this case.
4. Counsel for Pctitioner and Respondent will jointly submit to the Court lor
signature a mutually approved Stipulated Final Judgment in this matter as soon as
practical hereafter, but not prior to the satisfaction olall conditions contained herein.
5. Petitioner is entitled to a credit in the amount of fi 3r'1 tll.'^ So, ir"
good faith deposit in the Court Registry.
6. Petitioner will pay Respondent the balance duc of $/erY ),l,'t#ltnin ttrirtr
(30) days ofthe actual dale ofreceipt by the Petitioner's counsel of a conformed copy of
the aforesaid Stipulated Final Judgment from the Cour1.
16.K.3.a
Packet Pg. 1417 Attachment: Mediated Settlement Agreement (9049 : Mediated Settlement Agreement Parcel 434RDUE, Case No. 17-CA-1473, Project No. 60145)
7.Attached hereto is an addendum to this Agreement.
Yes y'No
8. This Agreement, dated May 16,2019, contains all the agreements of the
parties.
flr Co. Robert Bosch
, Colleen M. Greene
16.K.3.a
Packet Pg. 1418 Attachment: Mediated Settlement Agreement (9049 : Mediated Settlement Agreement Parcel 434RDUE, Case No. 17-CA-1473, Project No. 60145)
16.K.3.b
Packet Pg. 1419 Attachment: Joint Motion for Stipulated Final Judgment as to Parcel 434RDUE (9049 : Mediated Settlement Agreement Parcel 434RDUE, Case
[17-CA-1473/1476536/1]
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Stipulated Final
Judgment was electronically filed with the Florida Courts E-Filing Portal which will send a notice
of electronic filing to parties appearing via electronically, or by U.S. Mail, postage prepaid, to
parties as indicated on the Service List below on this _____ day of May, 2019.
BY: _______________________________
COLLEEN M. GREENE, ESQ.
SERVICE LIST
COLLIER COUNTY V. KINH THI PHAM, ET AL.,
Case No. 17-CA-1473
PARCEL 434RDUE
KINH THI PHAM and PHONG THE PHAM
[property owners]
c/o Kenneth A. Jones, Esq.
kjones@ralaw.com
17-CA-1473/655
16.K.3.b
Packet Pg. 1420 Attachment: Joint Motion for Stipulated Final Judgment as to Parcel 434RDUE (9049 : Mediated Settlement Agreement Parcel 434RDUE, Case
[17-CA-1473/1476536/1]
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,
v. Case No.: 17-CA-1473
PARCEL: 434RDUE
KINH THI PHAM, ET. AL.,
Respondents.
_____________________________________/
STIPULATED FINAL JUDGMENT ORDER AS TO PARCEL 434RDUE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, KINH THI PHAM, and PHONG THE
PHAM, by and through their counsel, for entry of a Stipulated Final Judgment as to Parcel
434RDUE for Project No. 60145, 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, KINH THI PHAM, and PHONG THE PHAM, and the Court
being otherwise fully advised in the premises thereof, it is thereupon
Exhibit “1” to Joint Motion for Stipulated Final Judgment
16.K.3.b
Packet Pg. 1421 Attachment: Joint Motion for Stipulated Final Judgment as to Parcel 434RDUE (9049 : Mediated Settlement Agreement Parcel 434RDUE, Case
[17-CA-1473/1476536/1]
ORDERED AND ADJUDGED that Respondents, KINH THI PHAM, and PHONG THE
PHAM, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of
Thirteen Thousand Seven Hundred Fifty and No/100 Dollars, ($13,750.00), for Parcel
434RDUE, as full compensation for the property interest taken and for damages resulting to the
remainder, and for all other damages, statutory interest, in connection with said parcel, it is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the
good faith estimate of value previously deposited in the amount of Three Thousand Nine
Hundred and No/100 Dollars, ($3,900.00), as payment for acquisition of Parcel 434RDUE, at
which time title to said parcel as described in Exhibit “A” vested in the name of the Petitioner; it
is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay Seven Thousand
Eighty Two and 50/100 Dollars ($7,082.50), to Respondents at Roetzel & Andress, LPA, c/o
Kenneth A. Jones, Esq., 2320 First Street, Suite 1000, Fort Myers, FL 33901, for all attorney fees
and costs, expert fees and costs, and no other attorney or expert fees or costs shall be awarded in
this case as to said parcel; it is further
ORDERED that within thirty (30) days hereof, Petitioner shall pay the total sum of Nine
Thousand Eight Hundred Fifty and No/100 Dollars, ($9,850.00), to Respondents at Roetzel &
Andress, LPA, c/o Kenneth A. Jones, Esq., 2320 First Street, Suite 1000, Fort Myers, FL 33901,
in additional funds over the amount previously deposited into the Court Registry; it is further
ORDERED that this Stipulated Final Judgment Order disposes of all claims arising out of
the taking of Parcel 434RDUE that have or could have been asserted in this cause and no further
attorney or expert fees and costs shall be awarded in this matter as to said parcel; it is further
Exhibit “1” to Joint Motion for Stipulated Final Judgment
16.K.3.b
Packet Pg. 1422 Attachment: Joint Motion for Stipulated Final Judgment as to Parcel 434RDUE (9049 : Mediated Settlement Agreement Parcel 434RDUE, Case
[17-CA-1473/1476536/1]
ORDERED that the roadway drainage and utility easement interest to Parcel 434RDUE,
being fully described in Exhibit “A” attached hereto and incorporated herein, which vested in
Petitioner pursuant to the Order of Taking dated December 19, 2017, and the deposit of money
heretofore made, is approved, ratified, and confirmed; it is further
ORDERED that the Notice of Lis Pendens filed in this cause and recorded in Official
Record Book 5427, Page 1019, of the Public Records of Collier County, Florida be dismissed as
to Parcel 434RDUE; it is further
ORDERED that the Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment; it is further
ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of
Collier County, Florida; it is further
DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this ___ day of
May, 2019.
_______________________________________
THE HONORABLE ELIZABETH V. KRIER
Circuit Court Judge
conformed copies to:
Colleen M. Greene, Esq., Counsel for PETITIONER, Colleen.Greene@colliercountyfl.gov
Kenneth Jones, Esq., Counsel for RESPONDENTS KINH THI PHAM and
PHONG THE PHAM, kjones@ralaw.com
Clerk’s Office, Accounting
Exhibit “1” to Joint Motion for Stipulated Final Judgment
16.K.3.b
Packet Pg. 1423 Attachment: Joint Motion for Stipulated Final Judgment as to Parcel 434RDUE (9049 : Mediated Settlement Agreement Parcel 434RDUE, Case
Exhibit "1" to Joint Motion for Stipulated Final Judgment
16.K.3.b
Packet Pg. 1424 Attachment: Joint Motion for Stipulated Final Judgment as to Parcel 434RDUE (9049 : Mediated Settlement Agreement Parcel 434RDUE, Case
AERIAL – PARCEL 434RDUE
GOLDEN GATE BLVD. PROJECT NO. 60145
PARCEL 434RDUE
/
16.K.3.c
Packet Pg. 1425 Attachment: Aerial Photograph of Parcel 434RDUE (9049 : Mediated Settlement Agreement Parcel 434RDUE, Case No. 17-CA-1473, Project No.