Agenda 04/22-23/2008 Item #16K 8
Agenda Item No, 16K8
April 22, 2008
Page 1 of 5
Executive SUmmary
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 $130,000.00 for the acquisition of Parcels 121FEE and
121 TDRE in the Lawsuit styled Collier County, Florida v. Christopher Link, et al., Case No. 07-
4218-CA (Oil Well Road Project #60044). (Fiscal Impact: $82,317.50)
OBJECTIVE: That the Board 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 ]2]FEE and
]2ITDRE in the lawsuit styled Collier County, Florida v. Christopher Link, et al., Case No. 07-
42]8-CA (Oil Well Road Project #60044).
CONSIDERATIONS: The County acquired the subject property by entry of an Order of Taking on
March ] 7, 2008 and subsequently depositing the amount of $68,200.00 into the court registry on
March 26, 2008. The County and Respondents, Christopher Link and Katherine Link, have
negotiated a settlement of $130,000.00 for full compensation, If the settlement is approved, the
County is responsible for the following costs:
. Additional Deposit/Disbursement Amount:
. Clerk's Fee:
. Expert Fees and Costs:
. Statutory Attorney's Fees*:
TOTAL
$ 6],800,00
$ ] 50,00
$ 8,900.00
$ 11.467,50
$ 82,317,50
* Attorney's fees are mandated by ~73.092, F,S" and are based on 33% of the total benefit achieved,
i.e., 0.33 x ($95,250 - $130,000),
Attached is the Mediated Settlement Agreement providing for the above-stated funds.
The Respondents reside on the remainder tract. The primary issue in this case is the valuation of a
severance damage and improvements impacted by the taking, Respondents claimed a damage
based in part upon the following impacts: loss of vegetative buffer along Oil Well Road; significant
shortening of the driveway; loss of safety and reduced setback of the homestead [rom 120 feet to 70
feet. The settlement is a recognition of the subjectivity of the severance damage and the County's
exposure to an even greater severance damage award at trial,
FISCAL IMPACT: Funds in the anlOunt of $82,317.50 will come [rom the Transportation
Supported Gas Tax Fund and Impact Fee Funds. Source offunds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
-
RECOMMENDATION: That the Board of County Commissioners approve the Mediated
Settlement Agreement; approve the Stipulated Final Judgment which incorporates the terms and
conditions of the Mediated Settlement Agreement to be presented to the Court [or entry; and
approve the expenditure and disbursement of funds as stated.
PREPARED BY: Heidi Ashton-Cicko, Assistant County Attorney, Office of the County Attorney
Page 1 of2
Agenda Item No, 161<8
April 22, 2008
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMiSSIONERS
Item Number:
16K8
Item Summary:
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 $130,000,00 for the acquisition of Parcels 121 FEE
and 121TDRE in the Lawsuit styled Collier County: Florida v, Christopher Link, et at., Case
No, 07-4218-CA (Oil Well Road Project #60044) (Fiscal Impact $82,317 50)
4/221200890000 AM
Meeting Date:
Prepared By
Heidi F. Ashton
Assistant County Attorney
Date
County Attorney
County Attorney Office
4/10120089:23:36 AM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
4/10/200810:33 AM
Approved By
Lisa Taylor
ManagemenUBudget Analyst
Date
Transportation Services
Transportation Administration
4/10/200810:58 AM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
4/10/20064:22 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
4/10/20084:36 PM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
4/10/20084:46 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TEeM.ROW
411012008 5:12 pr~
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
4/11/20088:07 AM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
file://C:\ArrendaTest\ExDort\ 1 05-Aoril%2022.%202008\ 16, %20CONSENT%20AGENDA \ 1... 4/16/2008
Page 2 of2
,:'l,:Jsnda !~9m !\J:J. ~16r(8
- April 22, 2008
?age 3 of 5
County Manager's Office
Office of Management & 8udget
4/11f200811:04AM
Approved By
Leo E. Ochs. Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
4/13/20087:15 PM
file://C:\ApcndaTest\Fxnor1\ 1 OS-Anril%20?2,%?mDOR\ 1 fi,%)OrONSFNT%?DA(;FNOA \ 1
4/1 fiOOOR
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Agenda Item No. 16~(8
,I\pril 22, 2008
Page 4 of 5
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CI
IN AND FOR COLLIER COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
{;Opy
COLLIER COUNTY, FLORIDA, a political
subdivision of the State of Florida
vs.
Civil Action No.: 07-4218-CA
Parcel No.: 121FEE, 121TDRE
Petitioner,
CHRISTOPHER LINK, et aI.,
Respondents.
,
MEDIATED SETTLEMENT AGREEMENT
At the Mediation Conference held on March 26, 2008, the parties reached the
following Settlement Agreement:
S-. .$
1.
Petitioner will pay to Respondents Christopher Link and Katherine Link, the
sum of $ '30, 000 , 00 , in full settlement of all claims for
compensation from Petitioner whatsoever, including statutory interest, but
excluding attorney's and expert's fees and costs, Said sum will be subject
to claims of apportionment, if any.
Petitioner is entitled to a credit in the amount of $ "8} ';;00, /I,Owhich was
previously deposited in the Registry of the Court in this case by Petitioner.
2,
3.
Counsel for 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.
,....h. H-u Lowcf ~/tyh-y vi, 'lDD
Petitioner will pay Re8J!l8Rg9Flts the balance due of $ Sj, 16 ". -;=0 ,
within ~ V days of the actual date of receipt by Petitioner's counsel of a
conformed copy of the aforesaid Stipulated Final Judgment from the Court
4,
&:
Till:! Cuu,l ..;11 retain jurisdictiefl he,e;1I CIS to the matter of Respondents"""
.attorney'" fF'''i :il1'l8 expert!.' C0stS.
Attached hereto is an addendum to this agreement: ~es
no,
P,oenda Itsm ~~o. 15K8
w ApMI222008
~a;:Je 5 of 5
ADDENDUM TO MEDIATED SETTLEMENT AGREEMENT
This settlement is made subject to the following additional conditions:
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Respondent, Christopher Link -
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eidi Ash on-Clcko, EsqUire,
Attorney for Petitioner
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--
Bella ,Patel, Esquire,
Attorney for Respondents Link