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Agenda 07/28/2009 Item #16K11^t Y i1C,a Ilem No. iP K11 !Iy 2812009 Page 1 of r EXECUTIVE SUMMARY Recommendation to approve a Mediated Settlement Agreement and authorize a Stipulated Final Judgment incorporating the same dollar amounts in the amount of $2,265,900 for Parcels 113FEE, 114FEE, 114TCE, 116FEE, 116TCE, 116DE, and 118FEE, plus $180,000 in attorney's fees, expert fees and costs in the lawsuit styled CC v. Andy Morgan, et al., Case No. 07- 4400 -CA (Santa Barbara Boulevard Extension Project Number 60091) (Fiscal Impact: $914,270.00). OBJECTIVE: That the Board of County Commissioners approve a Mediated Settlement Agreement in the amount of $2,265,900 for Parcels 113FEE, 114FEE, 114TCE, 116FEE, 116TCE, 116DE, and 118FEE, plus S180,000 for attomey's fees expert fees and costs in the lawsuit styled CC v. Anclv Morgan, et al., Case No. 07- 4400 -CA (Santa Barbara Boulevard Extension Project Number 60091), and authorize and approve a Stipulated Final Judgment incorporating the same dollar amounts contained in the Mediated Settlement Agreement. CONSIDERATIONS: Prior to filing suit, the County offered owners, Andy Morgan a/k /a Andy R. Morgan, and Beverly Morgan, 51,832,725.00 (including a total settlement incentive of $82,225 above the County's appraised value) for Parcels 113FEE, 114FEE, 114TCE, 116FEE, I I6DE, I I6TCE, and I I SFEE all of which are required for construction of the Santa Barbara Boulevard Extension project between Davis Boulevard and Rattlesnake Hammock Road. This offer was not accepted. Instead, the owners countered with their own appraiser's estimate of full -_- compensation at $4,390,100.00 for land and severance damages. Failing to reach compromise and settlement, the County's appraisal was updated for testimony as to full compensation at the Order of Taking Hearing on March 17, 2008, and on March 26, 2008, Collier County deposited into the court registry the sum of $1,531,800.00 for Parcels 113FEE, 114FEE, 114TCE, 116FEE, 116DE, 116TCE, and 118FEE. Outside counsel was hired to prepare the case for trial. The case was mediated by outside counsel and Litigation Section Chief Jacqueline Hubbard in February, 2009. No settlement was reached, but negotiations continued. A highly successful outcome at trial would be a jury verdict in the same amount as the County initially deposited, which was $1,531,800.00, Between attorneys' fees and expert costs, the County would be spending well in excess of $150,000.00 to try this case. Accordingly, it is staff s belief that it is fiscally prudent to settle this ease at this time. It should be noted that if the County were unsuccessful at trial, between a potential jury verdict of $4,300,000, reflecting a higher land value for greater density, together with the County having to pay both the Owner's attorneys' flees and costs, as well its own trial costs, total expenditures could be several hundreds of thousands Knot, millions of dollars in excess of the sum the County would be paying if this proposed settlement is approved. Pa(-,e 1 of 2 - :,r,cla Iterrr No. ;6 i1} Jul,,! Jul 28J 200}9 Page "1 of COLLIER COUNTY E>C)ARC` OF COUNTY COMMISSIONERS Item Number: 16K11 Item Summary: Recommendation to approve a IVediated Settlement Agreement and authorn_e a Stipulated County A torney Final Judgment incorporating the same dollar amounts in the amount of 82.265,900 for Approved By Parcels 113FEE, 114FEE. 114TCE 116FEE, 116TCE, 116DE, and 118FEE, plus $180.000 OMB Coordinator in attorneys fees, expert fees and costs in the lawsuit styled CC v- Andy Morgan.. et al., Case County Manager's Otfice No 07- 4400 -CA (Santa Barbara Boulevard Extension Project Number 60091) (Fiscal Impact: 7,2W250,9 8:22 AM, $314.270,00). Meeting Date: 7/28/2009 900 UC ..410 Senior MJlanagcn ent/Budget. Analyst Prepared By County ft anars r s Of`,ir:2 C'{f i; e of I.'anar= .rren, P, D o-et Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 7116i2009 3:33:08 PM Approved By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 711612009 3:49 PMVI Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office ?`1612009 4:08 PIV1 Approved By L,!sa Taylor klariagerrent /Budget Ana - lyst Date Transportation Services ,+. ncpnra+ion dm n;c+r +; on - , 1 T1 ?nn4 1 s22 rtn �r Approved By Naieh Ahnzad Director Date Transportation Engineering a Transportation Services 71111712009 11:26 AM - onstruction d'ilanngern nt Approved By nerese Stanloy Oran;s Coordinator Data Tran portation Transpo :tabor €Adrnin - stration 7117,200,9 2:13 P Approved By _,otr R. ,each s S . ,wnt ^ounty -.Zxc� r'I 'Date County A torney Cr uwity Atto rnt-y Cffi >, e 711712009 4:26 PM Approved By OMB Coordinator CMB Coordinator Data County Manager's Otfice C� ticry of far agetne,;t & ^urt }et 7,2W250,9 8:22 AM, Approved By Sus an Usher Senior MJlanagcn ent/Budget. Analyst Date County ft anars r s Of`,ir:2 C'{f i; e of I.'anar= .rren, P, D o-et 20;ZDv9 3:47 PIA Approved By Lees E. Ochs. Jr. Board of County G r tsty CntintV M;;zri .ier COUnty !4anacger`s Jtfi::; rya-. 7!2V2G49 1:46 PM fi Ie:IIC:AAeendaTest \Export \133 -July% 2028.% 202009\ 16. %2000NSF,NT %20AGFNDA11 ... 7/22/2009 Pa(-,e of 2 i -; n .z �4 c? ii. !n1 Q. r'K 11 f.:i,t, 28. `0 t9 q� 7 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA — "^ CIVIL ACTION - �, --J -; COLLIER COUNTY, FLORIDA, ZF a subdivision of the State of Florida, political r,. ry Case No.: 07- 4400 -CA Petitioner, Parcel Nos.: 113FEE, 114FEE, 114TCE, vs. 116FEE, l i 6TCE, i 16DE 118FEE ANDY MORGAN aka ANDY R MORGAN, et al., Respondents. I MEDIATED SETTLEMENT AGREEMENT Pursuant to the Mediation Conference held on the 12th day of February, 2009, the parties have agreed to abide by the following: 1. Petitioner, COLLIER COUNTY, shall pay the Defendants, ANDY MORGAN, a/k/a ANDY R. MORGAN and BEVERLY MORGAN, as full compensation for the above parcels, the aggregate sum of $2,265,900.00, less any sums heretofore paid, and subject to apportionment. 2. The foregoing stipulated full compensation is exclusive of attorney's fees, expert witness fees and any other taxable costs. 3. This Mediated Settlement Agreement is contingent upon the approval of the Collier County Board of Commissioners. As a condition precedent to the presentation of this Mediated Settlement Agreement to the Collier County Board of Commissioners, the parties have reached an agreement regarding the amount of attorney's fees, expert witness fees and any other taxable costs owing to the Defendant pursuant to Sections 73.091 and 73.092, Florida Statutes in the amount of $180,000.00. The complete settlement package Mull compensation for the above parcels together with the agreed the amount of attorney's fees, expert witness fees and other taxable costs) shall be presented to the Collier County Board of Commissioners for consideration. If the Collier County Board of Commissioners rejects the settlement package, this Mediated Settlement Agreement shall be void, and the mediation shall be treated as having reached an impasse. 4. If the Collier County Board of Commissioners approves the settlement package, the parties shall enter into a mutually agreeable Stipulation to have Final Judgment entered reflecting the terms of this Mediated Settlement Agreement. 5. Pursuant to Florida Statute 44.102 (3), the parties agree to keep the communications during the Mediation confidential. THIS STIPULATION BECOMES BINDING UPON THE PARTIES BY THEIR EXECUTION AND THAT OF THEIR COUNSEL AND THE APPROVAL OF THE COUNTY COMMISSIONERS. DATED this day of , 2009. COLLIER COUNTY, FLORIDA F:2- ROBERT N. ZACHARY ASSISTANT COUNTY ATTORNEY Collier County Attorney's Office 3301 E. Tamiaini Trail Naples, Florida 34112 Telephone: (239).252-8400 BRIAN W. BOLVES, ESQUIRE JEFFREY L. HINDS, ESQUIRE Bricklemyer, Smolker & Bolves, P.A. 500 East Kennedy Boulevard, Suite 200 Tampa, Florida 33602 -4825 Telephone: (813) 223 -3888 RESPONDENTS, ANDY R. MORGAN and BEVERLY MORGAN JOHN P. CARDILLO, ESQUIRE Cardillo, Keith & Bonaq >;st, P.A. 3550 East Tamiami Trail Naples, Florida 34112 -4999 T,61�ho e: (239) 774 -2229 t ANDY R. MO G BELLA Y. PATEL, ESQUIRE Bella Y. Patel, P.A. 13026 Waterford Run Drive Riverview, Florida 33569 (813) 643 -2762 BEVERLY MO AN MEDIATOR JAMES A. HELINGER, JR., MEDIATOR 814 Chestnut Street Clearwater; Florida 33756 Telephone: (727) 443 -5373 Florida Bar Number: 01452QO Certification Number: 12262 R 07-4400a180 ,' aer7Ca lterj� No. C?,6 I l 7of7 THIS STIPULATION BECOMES BINDING UPON THE PARTIES BY THEIR EXECUTION AND THAT OF THEIR COUNSEL AND THE APPROVAL OF THE COUNTY COMMISSIONERS. DATED this day of , 2009. COLLIER COUNTY, FLORIDA ROBERT N. ZACHARY ASSISTANT COUNTY ATTORNEY Collier County Attorney's Office 3301 E. Tamiami Trail Naples, Florida 34112 Telephone: (239) 252 -8400 BRIAN W. BOLVES, ESQUIRE JEFFREY L. HINDS, ESQUIRE Bricklemyer, Smolker & Bolves, P.A. 500 East Kennedy Boulevard, Suite 200 Tampa, Florida 33602 -4825 Telephone: (813) 223 -3888 RESPONDENTS, ANDY R. MORGAN and BEVERLY MORGAN JOHN P. CARDILLO, ESQUIRE Cardillo, Keith & Bonaquist, P.A. 3550 East Tamiami Trail Naples, Florida 34112 -4999 Telephone: (239) 774 -2229 ANDY R. MORGAN ,6A,- , ul BEL A Y. PATE f, ESQUIRE Bella Y. Patel, P.A. 13026 Waterford Run Drive Riverview, Florida 33569 (813) 643 -2762 BEVERLY MORGAN MEDIATOR JAMES A. HELINGER, JR., MEDLATOR 814 Chestnut Street Clearwater, Florida 33756 Telephone. (727) 443 -5373 Florida Bar Number: 0145200 Certification Number: 12262 R 07-470013180 2