Agenda 05/27/2008 Item #16K 3
Agenda Item No. 16K3
May 27, 2008
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agreement and a Stipulated Final
Judgment to he drafted incorporating the same terms and conditions as the Mediated
Settlement Agreement in the amount of $200,000 for the acquisition of Parcels 112 and 712
in the lawsuit styled CC v. Woodmere Owners Association, Inc., et ai., Case No. 06-1332-CA
(County Barn Road Project No. 60101). (Fiscal Impact $123,396)
OBJECTIVE: That the Board of County Commissioners approve a Mediated Settlement
Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and
conditions as the Mediated Settlement Agreement as full and final compensation to be paid for
the acquisition of Parcels 112 and 712 in the lawsuit styled CC v, Woodmere Owners
Association, Inc., et a/" Case No, 06-1332-CA (County Barn Road Project No. 60101).
CONSIDERATIONS: On November 30, 2006, after entry of an Order of Taking and
deposit of the sum of $130,100, the County acquired approximately 0.199 acres ofland for right-
of-way, drainage and utility and temporary construction easements from Woodmere Owners
Association, Inc. The Association's appraiser valued total compensation for the take at $337,400,
consisting of $66,800 for the land, $103,200 for improvements taken and a cost to cure of
$167,400. At mediation, the County and Respondents negotiated the proposed settlement of
$200,000 as full compensation for the taking of Parcels 112 and 712. The settlement reflects the
differences of opinion between the Association's and the County's respective appraisal values
for land and improvements as well as the County's exposure to damages because the setback
from road right-of-way is reduced. In addition, the mediated settlement provides for payment of
attorney's fees and all expert fees and costs in this case, Attached is the Mediated Settlement
Agreement providing for the above-stated funds.
If the settlement is approved, the County will pay the following costs:
. Additional Compensation:
. Expert Witness Fees:
. Statutory Attorney's Fees:
TOTAL
$ 69,900,00
$ 30,000.00
$ 23.496,00
$ 123,396,00
LEGAL CONSIDERA nONS: This item has been reviewed for legal sufficiency and there are
no outstanding issues, RNZ.
FISCAL IMPACT: Funds in the amount of $123,396 will come from Impact Fee District 4
reserves, A budget amendment in the amount of $123,396 is needed to put money in the project.
Source of funds are Impact Fees District 4 reserves.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners:
,,--
I. Approve the Mediated Settlement Agreement as to Parcels 112 and 712;
2. Approve the expenditure of funds as stated,
3. Approve any and all budget amendments required,
PREPARED BY: Robert N. Zachary, Assistant County Attorney
06.1332-CAl206
Page 10f2
Agenda Item No, 16K3
May 27,2008
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K3
Meeting Date:
Recommendation to approve a Mediated Settlement Agreement and a Stipulated Final
Judgment to be drafted incorporating the same terms and conditions as the Mediated
Settlement Agreement in the amount of $200,000 for the acquisition of Parcels 112 and 712
In the lawsuit styled CC v. Woodmere Owners Association, Inc" et al.. Case No. 06-1332~CA
(County Barn Road Project No 60101) (Fiscal Impact $123,396)
5/27/200890000 AM
Prepared By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County A ttorney Office
511312008 2:21 :48 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM.ROW
5/13120082:57 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Setvices
Transportation Services Admin.
5113120083:55 PM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
5113120084:01 PM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
5/14120089:32 PM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
5115120087:42 AM
Approved By
Usa Taylor
Management/Budget Analyst
Date
Transportation Services
Transportation Administration
5115120083:50 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
5/15/20085:07 PM
/'"' Approved By
,
OMB Coordinator
OMS Coordinator
Date
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Page 2 of2
Agenda Item No. 16K3
May 27,2008
Page 3 of 5
County Manager's Office
Office of Management & Budget
5/16/20088:28 AM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
5/16/20083:50 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
5/17/200812:01 PM
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/'
Agenda Item No. 16K3
May 27,2008
Page 4 ,of 5
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
COLLIER COUNTY, FLORIDA,
Petitioner,
Case No.: 06-I332-CA
v.
Parcel No.: 112 and 712
WOODMERE OWNERS ASSOCIATION, INC-
et aI.,
Respondents.
/
MEDIATED SETTLEMENT AGREEMENT
At the Mediation Conference held on May 2, 2008, the parties reached the
following Settlement Agreement:
I, Petitioner will pay to Respondent, Woodrnere Owners Association, Inc.,
the sum of $ :Z.,CD ODe. 00 in full settlement and satisfaction
of all claims for compensation from Petitioner whatsoever, including statutory interest,
but excluding attorney and expert fees and costs, Petitioner is entitled to a credit in the
amount of $ /3t::J 100. 00 , which amount was previously deposited
by Petitioner in the'Registry of the Court in this case, .
2. In addition to the above-referenced settlement sum, Petitioner will pay to
Respondent's attorney $ ~3.1./-9~. 00 in full settlement and satisfaction of all
attorneys' fees and attorneys{litigation costs incurred by Respondent in this case,
3. In addition to the above-referenced settlement sum and the above-
referenced attorneys' fees and litigation costs, Petitioner will pay to Respondent's expert
witnesses $ .30, 000. 00 in full settlement and satisfaction of all expert witness
costs incurred by Respondent in this case,
4. This Agreement is subject to and conditioned upon review and approval
by the Collier County Board of County Commissioners.
--
Agenda Item No, 16K3
May 27, 2008
Page 5 of 5
5. Counsel for Petitioner and Respondent will jointly submit to the Court
a mutually approved Stipulated Final Judgment containing the terms and conditions of
this Agreement within ten days following the final approval of this Agreement by the
Collier County Board of County Commissioners,
6. Attached hereto is an addendum to this Agreement.
Yes
/'
No
7,
parties.
This Agreement, dated May 2, 2008, contains all of the agreements of the
A::;Spe2n: ~
rHeidi Ashton-Cicko, Esq. _'
~M~
Mediator
William B, Smith, Esg.
For Respondent,
Association, Inc,
~..~~ /~- ~
~tt6m y for Respondent
. Ellen J. Neil, Esq,