Agenda 05/28/2019 Item #16K 4 (Settlement Agreement - Brunner)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 445RDUE, in the amount of $26,551, including
statutory attorney fees and costs, and expert fees and costs, in the lawsuit styled Collier County v.
John R. Brunner, et al, Case No. 17-CA-1452, required for the Golden Gate Boulevard Expansion
Project No. 60145. (Fiscal Impact: $22,851)
OBJECTIVE: To settle final compensation owed for the taking of Parcel 445RDUE 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 445RDUE and
subsequently deposited $3,700 into the Court Registry as a good faith estimate of value pursuant to an
Order of Taking in the lawsuit styled Collier County v. John R. Brunner, et al, Case No. 17-CA-1452.
Parcel 445RDUE is on vacant property owned by Miguel A. Hernandez, was required for the construction
of the Project, and is a non-exclusive, road right-of-way, drainage and utility easement, containing 6,950
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
$26,551 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 $22,851 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 445RDUE, in the amount of $26,551, including
statutory attorney fees and costs, and expert fees and costs, in the lawsuit styled Collier County v. John R.
Brunner, et al, Case No. 17-CA-1452, required for the Golden Gate Boulevard Expansion Project No.
60145.
Prepared by: Colleen M. Greene, Assistant County Attorney
ATTACHMENT(S)
1. Mediated Settlement Agreement Parcel 445RDUE (PDF)
2. Joint Motion for Stipulated Final Judgment Order for Parcel 445RDUE (PDF)
3. Aerial Photograph of Parcel 445RDUE (PDF)
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05/28/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4
Doc ID: 9028
Item Summary: Recommendation to approve a Mediated Settlement Agreement and Stipulated
Final Judgment to settle final compensation for the taking of Parcel 445RDUE, in the amount of $26,551,
including statutory attorney fees and costs, and expert fees and costs, in the lawsuit styled Collier County
v. John R. Brunner, et al, Case No. 17-CA-1452, required for the Golden Gate Boulevard Expansion
Project No. 60145. (Fiscal Impact: $22,851)
Meeting Date: 05/28/2019
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
05/17/2019 3:46 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
05/17/2019 3:46 PM
Approved By:
Review:
Growth Management Department Lisa Taylor Additional Reviewer Completed 05/20/2019 6:38 AM
Growth Management Department Christine Arnold Level 1 Reviewer Completed 05/20/2019 7:37 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 05/20/2019 7:37 AM
Transportation Engineering Robert Bosch Additional Reviewer Completed 05/20/2019 7:56 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 05/20/2019 7:59 AM
Growth Management Department Gene Shue Additional Reviewer Completed 05/20/2019 10:54 AM
Growth Management Department Jeanne Marcella Department Head Review Completed 05/20/2019 10:54 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 05/20/2019 11:27 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/20/2019 11:42 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/20/2019 1:06 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 05/21/2019 3:25 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 05/21/2019 3:31 PM
Board of County Commissioners MaryJo Brock Meeting Pending 05/28/2019 9:00 AM
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COLLIER COLIN]TY BOARD OF COUNTY
COMMISSIONERS, a political subdivision
Oithe State of Florida.
Petitioner,
JOHN R. BRLTNNER, MIGUEL HERNANDEZ'
ET AL.
Respondents.
IN THE CIRCUIT COUR'I OF THE
TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY
FLORIDA
Case No: 2017-CA-1452
Parcel:445RDUE
As a result of a Mediation Conference held on May 16, 201 9 the parties reached
the following Settlement Agreement contingent upon the approval of the Collier County
Board of Commissioners:
1 . Petitioner will pay to Respondents, Miguel Hemandez' the sum of $ / I r D'm'
in full settlement of all claims for compensation liom Petitioner whatsoevel, including
business damages, but excluding attomey's fees, experts' fees, and costs'
2. In addition to the settlement amount referenced in Paragraph I ofthis
Agreement, petitioner will pay S 4 fi5;1 ."' in total attomey's fees and attomey litigation
"o"r,,
in thi, case, includingfees reiated to monetary and non-monetary benefits and
supplcmental proceedings, if anY.
3. ln adrlition to the settle_ment amount referenced in Paragraph 1 of this
Agreement, Petitioner will pay 53,7n'?intotal experts' fees and costs in this case'
4. Counsel for Petitioner and Respondent will jointly submit to the Court for
signature a mutually approved Stipulated Final Judgment in this matter as soon as
prltical he.eafter, tuf not prior to the satisfaction ofall conditions contained herein'
5. Petitioner is entitled to a credit in the amount of $3r?f9 'P io' it'
good f'aith deposit in the Court Registry.
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Packet Pg. 1428 Attachment: Mediated Settlement Agreement Parcel 445RDUE (9028 : Approval of Mediated Settlement Agreement in CC v. Brunner, et al., 17-
6. Petitioner will pay Respondent the balance due of $)Jrgfl fiitfrin trri.ty
(30) days ofthe actual date ofreceipt by the Petitioner's counsel ofa conformed copy of
the aforesaid Stipulated Final Judgment from the Court.
7. Attached hereto is an addendum to this Agreement.
Yes t/ No
8. This Agreement, dated May 16, 2019, contains all the agreements of the
ier Co. Robert Bosch
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Packet Pg. 1429 Attachment: Mediated Settlement Agreement Parcel 445RDUE (9028 : Approval of Mediated Settlement Agreement in CC v. Brunner, et al., 17-
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Packet Pg. 1430 Attachment: Joint Motion for Stipulated Final Judgment Order for Parcel 445RDUE (9028 : Approval of Mediated Settlement Agreement in CC v.
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Packet Pg. 1431 Attachment: Joint Motion for Stipulated Final Judgment Order for Parcel 445RDUE (9028 : Approval of Mediated Settlement Agreement in CC v.
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Packet Pg. 1432 Attachment: Joint Motion for Stipulated Final Judgment Order for Parcel 445RDUE (9028 : Approval of Mediated Settlement Agreement in CC v.
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Packet Pg. 1433 Attachment: Joint Motion for Stipulated Final Judgment Order for Parcel 445RDUE (9028 : Approval of Mediated Settlement Agreement in CC v.
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Packet Pg. 1434 Attachment: Joint Motion for Stipulated Final Judgment Order for Parcel 445RDUE (9028 : Approval of Mediated Settlement Agreement in CC v.
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Packet Pg. 1435 Attachment: Joint Motion for Stipulated Final Judgment Order for Parcel 445RDUE (9028 : Approval of Mediated Settlement Agreement in CC v.
AERIAL – PARCEL 445RDUE
GOLDEN GATE BLVD. PROJECT NO. 60145
PARCEL 445RDUE
/
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Packet Pg. 1436 Attachment: Aerial Photograph of Parcel 445RDUE (9028 : Approval of Mediated Settlement Agreement in CC v. Brunner, et al., 17-CA-1452-