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Agenda 07/22/2008 Item #16K 7Agenda Item No. 16K7 July 22, 2008 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to approve a Stipulated Final Judgment in the amount of $177,500.00 for Parcel No. 125FEE in the lawsuit styled Collier County v. Carlos Alvarez, et al., Case No. 07- 2882-CA (Oil Well Road Project No. 60044). (Fiscal Impact $77,448.00) OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment for payment of full compensation to Respondents John and Maricel Pimentel (Respondents), and for attorney's fees and costs, for the taking of Parcel 125FEE in the lawsuit styled Collier County v. Carlos Alvarez, et. al., Case No. 07- 2882 -CA (Oil Well Road Project No. 60044). CONSIDERATIONS: Pursuant to an Order of Taking dated January 9, 2008, Collier County deposited $118,500.00 into the Court Registry and acquired title to Parcel 125FEE (consisting of .379 acres) for road right -of -way. In order to avoid the cost of trial, County has agreed with Respondents to settle this matter for a total of $177,500.00, which includes the costs for land, improvements and severance damages. $59,000.00 will be held by the County and be paid only upon completion of certain construction milestones, and upon issuance of a certificate of occupancy for the home under construction on the remainder of the property. In addition, statutory attorney's fees, expert fees and costs shall be awarded. See attached Stipulated Final Judgment. If approved the County will be responsible for the following costs. • Additional Compensation for Parcel $ 59,000.00 • Expert Witness Fees (80% of invoice) $ 10,000.00 • Statutory Attorney's Fees* $ 8.448.00 TOTAL COST: $ 77,448.00 * Attorney's Fees are mandated by § 73.092, F.S., and are based on 33% of the difference between settlement amount and the initial offer, i.e., 0.33 X ($177,500 - $151,900). This item is legally sufficient for Board action. FISCAL IMPACT: Funds in the amount of $77,448.00 will come from Gas Taxes and Impact Fees. Source of Funds are gas taxes and impact fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the Stipulated Final Judgment as to Parcel 125FEE, and authorize the payment of the funds as stated. PREPARED BY: Robert N. Zachary, Assistant County Attorney CP:07- 2822- CA;708 Page I of 2 Agenda Item No. 16K7 July 22, 2008 Page 2 of 8 _ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K7 Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of $177,500 for Parcel No. 125FEE in the lawsuit styled Collier County v. Carlos Alvarez, et al., Case No. 07- 2882-CA (Oil Well Road Project No. 60044). (Fiscal Impact $77.448) Meeting Date: 7122/2008 9 -00:00 AM Prepared By Kay Nell Certified Legal Assistant Date County Attorney County Attorney 71812008 8:31:52 AM Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 7/8/2008 9:31 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 718/2008 11:11 AM Approved By Najeh Ahmed Director Date Transportation Engineering & Transportation Services Construction Management 71812008 11:36 AM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Services Transportation Administration 71812008 1:06 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 7/8/2008 5:38 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM -ROW 7/912008 1:08 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 7/912008 2:23 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 7/9/2008 7:26 PM file: / /C:AAeendaTest \Exnort \l 1 I -.luly %2022% 202008 \16. %2000N3ENT %20AGF,Nl7A \1... 7/1 5/2009 Page 2 of 2 Agenda Item No. 16K7 July 22. 2008 Page 3 of 8 Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 711012008 11:56 AM file: / /C:AARendaTest \R.xnnrt\ 111- Inlve /7m7e / ?mnnR\fF A(- )A\1 7n<J�MQ Agenda Item No. 15K7 July 22, 2008 Paae 4 of 8 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, vs. Case No.: 07- 2882 -CA Parcel Nos.: 125FEE CARLOS ALVAREZ; et al., Respondents. STIPULATED FINAL JUDGMENT THIS CAUSE, having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, and Respondents, JOHN and MARICEL PIMENTEL, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel No. 125FEE, the Court finding that the compensation to be paid by Petitioner, COLLIER COUNTY, FLORIDA, is the full compensation due Respondents, JOHN and MARICEL PIMENTEL, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that: Respondents, JOHN and MARICEL PIMENTEL, receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of One Hundred Seventy Seven Thousand Five Hundred and No /100 Dollars ($177,500.00), as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcels; it is further 2. ORDERED that Petitioner will be entitled to a credit for the good faith estimate of value previously deposited in the amount of $1 18,500; it is further r,oen;ia liem No. 16K7 July 22. 2008 Page 5 of 8 3. ORDERED that the good faith deposit of $118,500.00 be released without further order from the Court and that the Clerk remit said funds directly to JOHN and MARICEL PIMENTEL, 4421 SW 75 Ave., #17, Miami, Florida 33155; it is further 4. Ordered that Respondents agreed to complete construction of the home on the remaining portion of the land owned by Respondents. Upon affirmation by Petitioner of completion of exterior including roof, stucco, paint, door installation and window installation, Petitioner shall pay to Respondents Twenty -Nine Thousand Five Hundred and No /100 Dollars ($29,500.00). Upon issuance of a certificate of occupancy, Petitioner shall pay to Respondents the remaining Twenty -Nine Thousand Five Hundred and No /100 Dollars ($29,500.00); it is further 5. ORDERED that Respondents shall receive, pursuant to Florida Statutes §73.092(1), as statutory attorney's fees, the sum of Eight Thousand Four Hundred Forty -Eight and No /100 Dollars ($8,448.00), and that no other attorney's fees shall be awarded in this cause; it is further 6. ORDERED that Respondents shall receive as full settlement of any and all claims for expert fees and costs the sum of Ten Thousand and No /100 Dollars ($10,000.00), and no other expert fees and costs shall be awarded; it is further 7. ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final Judgment entered by this Court, Petitioner, COLLIER COUNTY, FLORIDA, shall pay attorney's fees and expert fees and costs in the amount of $18,448.00, payable to the Trust Account of Bella Y. Patel, 13026 Waterford Run Drive, Riverview, FL 33569, for proper disbursement in accordance with this Order; it is further 8. ORDERED that title to Parcel No. 125FEE, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner, COLLIER COUNTY, FLORIDA, pursuant to the Order of Taking dated January 9, 2008, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further Agenda Item No. 16K7 July 22. 2008 Page 6 of 8 9. ORDERED that the Notice of Lis Pendens filed in the above - styled cause and recorded in Official Record Book 4275, Page 2074 of the Public Records of Collier County, Florida, be dismissed as to Parcel No. 125FEE; it is further 10.. ORDERED that pursuant to Section 74.051(3), F.S., the Clerk of Courts shall disburse the interest earned on the funds on deposit in the amount of S , via wire transfer from the Clerk of Courts to the Board of County Commissioners, Account # 339- 163659- 600444; it is further 11. ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is further 12. ORDERED that this Court retains jurisdiction to enforce the terms of this Stipulated Final Judgment; it is therefore DONE AND ORDERED in Naples, Collier County, Florida, this day of 11: HUGH D. HAYES CIRCUIT COURT JUDGE Conformed copies to: Robert N. Zachary, Esquire Bella Y. Patel, Esquire Deborah Marks, Esquire E. Glenn Tucker, Esquire Kevin Hendricks, Transportation Dept. Accounting Agenda Item No. 16K7 July 22, 2008 Page 7 of 8 JOINT !NOTION The Parties hereby stipulate and respectfully request this Court to enter the foregoin.g Stipulated Final Judgment as to Parcel No. 125FF.E. Bella Patel. Esquire Florida`,Bar No.: 961670 Law Offices of Bella Y. Patel, P.A. 13025 Waterford Run Drive Riverview, Florida 33569 (8 13) 643 -2762- Phone ATTORNEY FOR RESPONDENTS JOHN and MARJCEL PIMENTEL Robert N- Zachary Assistant County Attorney Florida Bar No.: 3301 East Tamianti Trail, 8`n' Floor ;Naples. Florida 34112 (239) 252 -8400 — Phone (239) 252 -6300 — Facsimile ATTORNEY FOR PETITIONER CERTIFICATE OF SERVICE, i IIEREBY CERTIFY that a true and correct ropy of the foregoing has been furnished by I -.S. !Jail to the parties listed on the attached service list on this clay of , _'008, ROBERT N, ZACHARY ASSISTANT COUNTY AI- CORNFY PROJECT NO. B0044. PROJECT PARCEL NO. 125 FEE FEE SIMPLE INTEREST LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) Agenda Item No, 16K7 July 22, 2008 Page 8 of 8 EXHIBIT 4 Page ' v ;dyb THE SOUTH 50 FEET OF TRACT 63, GOLDEN GATE ESTATES UNIT Na 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.379 ACRES, MORE OR LESS. TRACT 63 FEE SIMPLE INTEREST PflOPOAN WOMM& NGKf FOAY 150 FEEn WAYfklEd PR LINE Sv FEEf N O R T F7 NOT TO SCALE i i I