Agenda 06/25/2019 Item #16K 2 (Mediated Settlement Agmt Parcel 316RDUE - 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 316RDUE, in the amount of $50,531.50, including
statutory attorney fees and costs, and expert f ees 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: $38,431.50)
OBJECTIVE: To settle final compensation owed for the taking of Parcel 316RDUE 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 316RDUE and
subsequently deposited $12,100 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
316RDUE is on improved property consisting of 1.64 acres, owned by Alejandro Perez and Sheila
Hernandez, required for the construction of the Project, and is a non-exclusive, road right-of-way,
drainage and utility easement, containing 3,675 square feet. An aerial photograph of the property is
attached.
On June 4, 2019, the County Attorney’s Office (“CAO”) and Transportation staff participated in
Mediation, with Respondents’ appraiser estimating compensation in the amount of $88,300 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 $50,531.50 for the easement interest taken, which amount includes the County’s original
deposit into the Court Registry, all statutory attorney fees and costs, and all 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.
Among the reasons for the greater settlement value for this particular parcel is that there were significant
improvements taken.
FISCAL IMPACT: Funds in the amount of $38,431.50 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 316RDUE, in the amount of $50,531.50, 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.
16.K.2
Packet Pg. 2601
06/25/2019
Prepared by: Colleen M. Greene, Assistant County Attorney
ATTACHMENT(S)
1. Mediated Settlement Agreement.Parcel 316RDUE (PDF)
2. Joint Motion for Stipulated Final Judgment Order as to Parcel 316RDUE (PDF)
3. Aerial Photograph of Parcel 316RDUE (PDF)
16.K.2
Packet Pg. 2602
06/25/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.2
Doc ID: 9274
Item Summary: Recommendation to approve a Mediated Settlement Agreement and Stipulated
Final Judgment to settle final compensation for the taking of Parcel 316RDUE, in the amount of
$50,531.50, 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: $38,431.50)
Meeting Date: 06/25/2019
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
06/07/2019 11:58 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
06/07/2019 11:58 AM
Approved By:
Review:
Growth Management Department Lisa Taylor Additional Reviewer Completed 06/07/2019 12:08 PM
Growth Management Department Christine Arnold Level 1 Reviewer Completed 06/07/2019 12:27 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 06/07/2019 12:31 PM
Transportation Engineering Robert Bosch Additional Reviewer Completed 06/07/2019 12:41 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 06/07/2019 6:41 PM
Growth Management Department Gene Shue Additional Reviewer Completed 06/10/2019 9:54 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 06/10/2019 10:15 AM
Growth Management Department James C French Deputy Department Head Review Skipped 06/10/2019 11:00 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 06/10/2019 2:37 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 Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/10/2019 4:50 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 06/13/2019 12:55 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 06/16/2019 4:18 PM
Board of County Commissioners MaryJo Brock Meeting Pending 06/25/2019 9:00 AM
16.K.2
Packet Pg. 2603
COI-LIER COL]N'I'Y BOARD OF COL]N]'Y
COMMISSIONERS, a political subdivision
Of the State of Florida.
Petitioner,
QUAN WANG: ALEJANDRO PEREZ;
AND SHEILA HERNANDEZ, ET AL.
IN THE CIRCUII'COURT OF THE
TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY
FLORIDA
Case No: 2016-CA-1399
Parcel: 3 I6RDUE
Respondents.
MEDIATED SETTLEMENT AGREEME,NT
As a result of a Mediation Conference held on.Iune 4, 2019 the parties reached
the lbllowing Settlement Agreement contingent upon the approval olthe Collier County
Board of Commissioners:
l. Petitioner will pay to Respondents, Alejandro perez and Sheila
Ilernandcz. the sum of $ l715O,Fin lLrll settlement of all claims for compensation
from Petitioner whatsoevcr. including business damages. but excluding attorney's I'ees,
experts' fees, and costs.
2. In addition to the settleqent;4nount referenced in paragraph 1 of this
Agreement, Petitioner will p"y$\1771 SAn total artomey's fees an-d uiro*.y
litigation costs in this case. including fees relatcd to monetary and non-monetary benefits
and supplemental proceedings. if any.
4. Counsel fbr Petitioner and Respondents will jointly submit to the Court 1br
signature a mutually approved Stipulated Final .ludgment in this matter as soon as
practical hereafter, but not prior to the satistaction ofall conditions contained herein.
5. Petitioner is entitled to a cretlit in the amounr of $ / 7, /ol>,n tbr its
good faith deposit in the Court Registry.
3. In addition to the settlemqnr amounr referenccd in paragraph I of this
Agreement, Petitioner will pay S 3,197'i" roral experls' fees and costs ii this case.
16.K.2.a
Packet Pg. 2604 Attachment: Mediated Settlement Agreement.Parcel 316RDUE (9274 : Mediated Settlement Agreement - Parcel 316RDUE - Project No. 60145 - 16-
(t)6. Petitioner will pay Respondents the balance due of $ J4 L{31.-w;thin
thirty (30) days ofthe actual date ofreceipt bv the Petitioner's counsel ofa conformed
copy ofthe aforesaid Stipulated Final Judgnient from the Court.
7. Attached hereto is an addendum to this Agreement.
lrt No
parlies.
Yes
8.This Agreement. dated.Tune 4,2019, contains e agreements of the
Respondent, AIej Perez({., nc"
Attornev lor
t0
//_d1
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v
Co. Robert Bosch {* n+'(
Attorney for Petiti
16.K.2.a
Packet Pg. 2605 Attachment: Mediated Settlement Agreement.Parcel 316RDUE (9274 : Mediated Settlement Agreement - Parcel 316RDUE - Project No. 60145 -
16.K.2.b
Packet Pg. 2606 Attachment: Joint Motion for Stipulated Final Judgment Order as to Parcel 316RDUE (9274 : Mediated Settlement Agreement - Parcel 316RDUE
[16-CA-1399/1479815/1]
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 316RDUE
ALEJANDRO PEREZ [property co-owner]
c/o Kenneth Jones, Esq.
kjones@ralaw.com
SHEILA L. HERNANDEZ
[property co-owner]
c/o Kenneth Jones, Esq.
kjones@ralaw.com
FIFTH THIRD MORTGAGE COMPANY
c/o Lindsay M. Alvarez, Esq.
LitService@kasslaw.com
UNITED STATES OF AMERICA, Dept. of
the Treasury, Internal Revenue Service
c/o Colleen Murphy Davis, Esq.
USAFLM.QT@usdoj.gov
16.K.2.b
Packet Pg. 2607 Attachment: Joint Motion for Stipulated Final Judgment Order as to Parcel 316RDUE (9274 : Mediated Settlement Agreement - Parcel 316RDUE
[16-CA-1399/1479815/1]
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: 316RDUE
QUAN WANG, ET. AL.,
Respondents.
_____________________________________/
STIPULATED FINAL JUDGMENT ORDER AS TO PARCEL 316RDUE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, ALEJANDRO PEREZ, and, SHEILA
HERNANDEZ, by and through their counsel, for entry of a Stipulated Final Judgment Order as to
Parcel 316RDUE 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, ALEJANDRO PEREZ, and, SHEILA HERNANDEZ, 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.2.b
Packet Pg. 2608 Attachment: Joint Motion for Stipulated Final Judgment Order as to Parcel 316RDUE (9274 : Mediated Settlement Agreement - Parcel 316RDUE
[16-CA-1399/1479815/1]
ORDERED AND ADJUDGED that Respondents, ALEJANDRO PEREZ, and, SHEILA
HERNANDEZ, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum
of Thirty Seven Thousand Seven Hundred Fifty and No/100 Dollars, ($37,750.00), for Parcel
316RDUE, 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 Twelve Thousand One
Hundred and No/100 Dollars, ($12,100.00), as payment for acquisition of Parcel 316RDUE, 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 Twelve Thousand
Seven Hundred Eighty One and 50/100 Dollars ($12,781.50), 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 deposit the total amount of
Twenty Five Thousand Six Hundred Fifty and No/100 Dollars ($25,650.00), into the Court
Registry, which funds are subject to apportionment by further order of the Court; it is further
ORDERED that this Court reserves jurisdiction for apportionment of the funds on deposit
in the Court Registry; it is further
Exhibit “1” to Joint Motion for Stipulated Final Judgment
16.K.2.b
Packet Pg. 2609 Attachment: Joint Motion for Stipulated Final Judgment Order as to Parcel 316RDUE (9274 : Mediated Settlement Agreement - Parcel 316RDUE
[16-CA-1399/1479815/1]
ORDERED that this Stipulated Final Judgment Order disposes of all claims arising out of
the taking of Parcel 316RDUE 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
ORDERED that the roadway drainage and utility easement interest to Parcel 316RDUE,
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 316RDUE; 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 ALEJANDRO PEREZ and
SHEILA HERNANDEZ, kjones@ralaw.com
Lindsay M. Alvarez, Esq., Counsel for Interested Party RESPONDENT FIFTH THIRD
MORTGAGE COMPANY, LitService@kasslaw.com
Colleen Murphy Davis, Counsel for Interested Party RESPONDENT UNITED STATES OF
AMERICA, Dept. of Treasury, Internal Revenue Service, USAFLM.QT@usdoj.gov
Clerk’s Office, Accounting
Exhibit “1” to Joint Motion for Stipulated Final Judgment
16.K.2.b
Packet Pg. 2610 Attachment: Joint Motion for Stipulated Final Judgment Order as to Parcel 316RDUE (9274 : Mediated Settlement Agreement - Parcel 316RDUE
Exhibit "1" to Joint Motion for Stipulated Final Judgment
16.K.2.b
Packet Pg. 2611 Attachment: Joint Motion for Stipulated Final Judgment Order as to Parcel 316RDUE (9274 : Mediated Settlement Agreement - Parcel 316RDUE
Location Map
Parcel 316RDUE
EXISTING RIGHT-OF-WAY
PER PLAT
PARCEL 316RDUE
/
16.K.2.c
Packet Pg. 2612 Attachment: Aerial Photograph of Parcel 316RDUE (9274 : Mediated Settlement Agreement - Parcel 316RDUE - Project No. 60145 - 16-CA-1399)