Agenda 06/25/2019 Item #16K 1 (Mediated Settlement Agmt Parcel 326RDUE - Quan Wang)06/25/2019
EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment to
settle final compensation for the taking of Parcel 326RDUE, in the amount of $36,251, including
statutory attorney fees and costs, and expert fees and costs, in the lawsuit styled Collier County v.
Quan Wang, et al, Case No. 16-CA-1399, required for the Golden Gate Boulevard Expansion
Project No. 60145. (Fiscal Impact: $31,351)
OBJECTIVE: To settle final compensation owed for the taking of Parcel 326RDUE required for the
expansion of roadway and related drainage and utility improvements to Golden Gate Boulevard
Expansion Project No. 60145 (east of 20th St. E. to Everglades Blvd.), hereinafter referred to as the
“Project.”
CONSIDERATIONS: On November 18, 2016, the County condemned Parcel 326RDUE and
subsequently deposited $4,900 into the Court Registry as a good faith estimate of value pursuant to an
Order of Taking in the lawsuit styled Collier County v. Quan Wang, et al, Case No. 16-CA-1399. Parcel
326RDUE is on improved property consisting of 1.17 acres, owned by Gerald and Sheryl Gammell,
required for the construction of the Project, and is a non-exclusive, road right-of-way, drainage and utility
easement, containing 2,250 square feet. An aerial photograph of the property is attached.
On June 3, 2019, the County Attorney’s Office (“CAO”) and Transportation staff participated in
Mediation, with Respondents’ appraiser estimating compensation in the amount of $63,300 for the land
taken, improvements and damages. 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 $36,251 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 $31,351 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 326RDUE, in the amount of $36,251, including
statutory attorney fees and costs, and expert fees and costs, in the lawsuit styled Collier County v. Quan
Wang, et al, Case No. 16-CA-1399, required for the Golden Gate Boulevard Expansion Project No.
60145.
Prepared by: Colleen M. Greene, Assistant County Attorney
16.K.1
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06/25/2019
ATTACHMENT(S)
1. Mediated Settlement Agreement Parcel 326RDUE (PDF)
2. Joint Motion for Stipulated Final Judgment as to Parcel 326RDUE (PDF)
3. Aerial Photograph of Parcel 326RDUE (PDF)
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06/25/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1
Doc ID: 9238
Item Summary: Recommendation to approve a Mediated Settlement Agreement and Stipulated
Final Judgment to settle final compensation for the taking of Parcel 326RDUE, in the amount of $36,251,
including statutory attorney fees and costs, and expert fees and costs, in the lawsuit styled Collier County
v. Quan Wang, et al, Case No. 16 -CA-1399, required for the Golden Gate Boulevard Expansion Project
No. 60145. (Fiscal Impact: $31,351)
Meeting Date: 06/25/2019
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
06/05/2019 2:04 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
06/05/2019 2:04 PM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 06/05/2019 2:12 PM
Transportation Engineering Robert Bosch Additional Reviewer Completed 06/05/2019 2:18 PM
Growth Management Department Christine Arnold Level 1 Reviewer Completed 06/05/2019 2:36 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 06/05/2019 2:50 PM
Growth Management Department Gene Shue Additional Reviewer Completed 06/06/2019 11:17 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 06/06/2019 12:07 PM
Growth Management Department Jeanne Marcella Department Head Review Completed 06/06/2019 12:42 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 06/06/2019 1:47 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/10/2019 1:26 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/10/2019 3:38 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 06/13/2019 12:53 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 06/16/2019 4:17 PM
Board of County Commissioners MaryJo Brock Meeting Pending 06/25/2019 9:00 AM
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IN THE CIRCT]11'COURT OF THE
TWENTIETH .IUDICiAL CIRCUIT
IN AND FOR COLLIER COL]NTY
FLORIDA
COLLIER COLINTY BOARD OF COLiNTY
COMMISSIONERS, a political subdivision
Ol the State of Florida.
Petitioner,
Case No: 2016-CA-1399v. Parcel:362RDUE
QUAN WANG: GERALD V. GAMMELL, JR.;
AND SHERYL GAMMEI,L, ET AL.
Respondents.
I
MEDIATED SETTLEMENT AGREEMENT
As a result of a Mediation Conference held on June 3, 2019 the parties reached
the following Settlement Agreement contingent upon t}re approval of the Collier County
Board of Commissioners:
1. Petitioner will pay 1o Respondents, Gerald V. Gammell and Sheryl
Gammell, the sum of $J6l olA.'"infull settlement of all claims ibr compensation from
Petitioner whatsoever, including business damages, but excluding attomey's fees,
experts' I'ees, and costs.
2. In addition to the settlement amount rel-erenced in Paragraph 1 of this
Agreenrent, Petitioner will puy g 6,1 tl,* in total attorney's fees and utto.n.y
litigation costs in this case, includirig fees related [o monetary and non-monetary benefits
and supplemental proceedings, if any.
3. In addition to the- settlem-g# amounr referenced in Paragraph I of this
Agreement, Petitioner will pay $ $rJ55;in total expefis' fees and costs in this case.
4. Counsel fbr Petitioner and Respondents will jointly submit to the Court for
signature a mutually approved Stipulated Final Judgment in this matter as soon as
practical hereafter, but not prior to the satisfaction ofall conditions contained herein.
5. Petitioner is entirled ro a credit in rhe amount of $ {1f U7dfor its
good faith deposit in the Court Registry.
16.K.1.a
Packet Pg. 2592 Attachment: Mediated Settlement Agreement Parcel 326RDUE (9238 : Mediated Settlement Agreement - parcel 326RDUE - project 60145 - 16-CA-
6. Petitioner will pay Respondents the balance due of $)f lS/,1*i*i,
thirty (30) days of the actual date ofreceipt by the Petitioner's counsel ofa conformed
copy of the aforesaid Stipulated Final Judgment from the Court.
7. Auached hereto is an addendum to this Agreement.
Yes /No
This Agreement, dated June 3, 2019, contains all the agreements of the
parties.
6r Co. Robert Bosch
16.K.1.a
Packet Pg. 2593 Attachment: Mediated Settlement Agreement Parcel 326RDUE (9238 : Mediated Settlement Agreement - parcel 326RDUE - project 60145 - 16-CA-
16.K.1.b
Packet Pg. 2594 Attachment: Joint Motion for Stipulated Final Judgment as to Parcel 326RDUE (9238 : Mediated Settlement Agreement - parcel 326RDUE -
[16-CA-1399/1479526/1]
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 June, 2019.
BY: _______________________________
COLLEEN M. GREENE, ESQ.
SERVICE LIST
COLLIER COUNTY, FLORIDA V. QUAN WANG, ET. AL.,
Case No. 16-CA-1399
PARCEL 326RDUE
GERALD V. GAMMELL, JR., and
SHERYL GAMMELL [property co-owners]
c/o Kenneth Jones, Esq.
kjones@ralaw.com
Mortgage Electronic Registration Systems,
Inc., as nominee for Freedom Mortgage
Corporation [Clerk’s Default, Docket #168]
Freedom Mortgage Corporation
[Clerk’s Default, Docket #168]
16.K.1.b
Packet Pg. 2595 Attachment: Joint Motion for Stipulated Final Judgment as to Parcel 326RDUE (9238 : Mediated Settlement Agreement - parcel 326RDUE -
[16-CA-1399/1479526/1]
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.: 16-CA-1399
PARCEL: 326RDUE
QUAN WANG, ET. AL.,
Respondents.
_____________________________________/
STIPULATED FINAL JUDGMENT ORDER AS TO PARCEL 326RDUE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, GERALD GAMMELL, and, SHERYL
GAMMELL, by and through their counsel, for entry of a Stipulated Final Judgment Order as to
Parcel 326RDUE 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, GERALD GAMMELL, and SHERYL GAMMELL, 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.1.b
Packet Pg. 2596 Attachment: Joint Motion for Stipulated Final Judgment as to Parcel 326RDUE (9238 : Mediated Settlement Agreement - parcel 326RDUE -
[16-CA-1399/1479526/1]
ORDERED AND ADJUDGED that Respondents, GERALD GAMMELL, and, SHERYL
GAMMELL, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum
of Twenty Six Thousand and No/100 Dollars, ($26,000.00), for Parcel 326RDUE, 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 Four Thousand Nine Hundred
and No/100 Dollars, ($4,900.00), as payment for acquisition of Parcel 326RDUE, 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 Ten Thousand
Two Hundred Fifty One and 00/100 Dollars ($10,251.00), 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 sum of Twenty One
Thousand One Hundred and No/100 Dollars, ($21,100.00), 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 326RDUE 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.1.b
Packet Pg. 2597 Attachment: Joint Motion for Stipulated Final Judgment as to Parcel 326RDUE (9238 : Mediated Settlement Agreement - parcel 326RDUE -
[16-CA-1399/1479526/1]
ORDERED that the roadway drainage and utility easement interest to Parcel 326RDUE,
being fully described in Exhibit “A” attached hereto and incorporated herein, which vested in
Petitioner pursuant to the Order of Taking dated November 18, 2016, 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 5301, Page 3482, of the Public Records of Collier County, Florida be dismissed as
to Parcel 326RDUE; 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
June, 2019.
_______________________________________
THE HONORABLE HUGH D. HAYES
Circuit Court Judge
conformed copies to:
Colleen M. Greene, Esq., Counsel for PETITIONER, Colleen.Greene@colliercountyfl.gov
Kenneth Jones, Esq., Counsel for RESPONDENTS GERALD GAMMELL and
SHERYL GAMMELL, kjones@ralaw.com
Clerk’s Office, Accounting
Exhibit “1” to Joint Motion for Stipulated Final Judgment
16.K.1.b
Packet Pg. 2598 Attachment: Joint Motion for Stipulated Final Judgment as to Parcel 326RDUE (9238 : Mediated Settlement Agreement - parcel 326RDUE -
Exhibit "1" to Joint Motion for Stipulated Final Judgment
16.K.1.b
Packet Pg. 2599 Attachment: Joint Motion for Stipulated Final Judgment as to Parcel 326RDUE (9238 : Mediated Settlement Agreement - parcel 326RDUE -
Location Map
Parcel 326RDUE
EXISTING RIGHT-OF-
WAY PER PLAT
PARCEL 326RDUE
/
16.K.1.c
Packet Pg. 2600 Attachment: Aerial Photograph of Parcel 326RDUE (9238 : Mediated Settlement Agreement - parcel 326RDUE - project 60145 - 16-CA-1399)