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Agenda 04/08/2008 Item #16K 8 Agenda Item No. 16K8 April 8, 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 aud conditions as the Mediated Settlement Agreement in the amount of $260,350.00 for the aequisition of Parcels 107FEE, 107TCE and 109FEE in the Lawsuit styled Collier County, Florida v. Michael L. McEndree, et al., Case No. 07-4335-CA (Santa Barbara Boulevard Extension Project #60091). (Fiscal Impact: $74,000.00) 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 fmal compensation to be paid for the acquisition of Parcels 107FEE, 107TCE and I09FEE in the lawsuit styled Collier County, Florida v. Michael L. McEndree, et al., Case No. 07-4335-CA (Santa Barbara Boulevard Extension Project #60091). CONSIDERATIONS: Collier County seeks to condemn a 25-foot wide strip and 32-foot wide strip of right-of-way from home owners, Michael and Tammy McEndree. An Order of Taking hearing was held on March 17, 2008 and the County will be depositing the sum of $260,350.00 into the Court Registry. Through mediation, the parties agreed to a total compensation in the amount of $260,350.00 plus attorney's fees and expert fees and costs. If approved, the County will be responsible for the following costs: ..^- . Additional Deposit/Disbursement Amount: . Clerk's Fee: . Attorney's Fees & Expelis' costs: TOTAL $ None $ N/A $ 74.000.00 $ 74,000.00 Attached is the Mediated Settlement Agreement providing for the above-stated funds. FISCAL IMPACT: Funds in the amount of $74,000.00 will come from the Transportation Supported Gas Tax Fund and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDA nON: That the Board of County Commissioners: 1. Approve the Mediated Settlement Agreement; 2. Approve the Stipulated Final Judgment which incorporates the tenus and conditions of the Mediated Settlement Agreement to be presented to the Court for entry; and 3. Approve the expenditure and disbursement of funds as stated. ..- PREPARED BY: Heidi Ashton-Cicko, Assistant County Attorney, Office of the County Attorney Agenda item No. 16KS April S, 200S Page 2 of 5 IN THE CIRCUIT COURT OF THE TWENTIIIETH JUDICIAL CIR r;UIT . IN AND FOR COLLIER COUNTY, FLORIDA COpy CIRCUIT CIVIL DIVISION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Flonda, Petitioner, Case No.: 07-4335-CA v. Parcel No.: 107 FEElTCE, l09FEE MICHAEL L. MCENDREE, et al. Respondents. / PRE-ORDER OF TAKING MEDIATED SETTLEMENT AGREEMENT At a Mediation Conference held on March ]4,2008, the parties reached the following Settlement Agreement. 1. Petitioner will pay to Respondents, Michae] L. McEndree and Tammy S. McEndree, the sum of $260,350.00 in full settlement of all claims for compensation from Petitioner whatsoever, but excluding attorney's fees, experts' fees, and costs. Said sum will be subject to claims for apportionment, if any. 2. Counsel for Petitioner and Respondents will jointly submit to the Court a mutually approved Stipulated Final Judgment in this matter as soon as practical hereafter, but not prior to review and approval of this Agreement by the Board of County Commissioners of Collier County. 3. Petitioner will deposit into the Registry of the Court $260,350.00 within 20 days from the date of entry of the Order of Taking. 4. In addition to the $260,350.00 settlement amount, Petitioner will pay 74,000.00 in full satisfaction of all attorney's fees arising from any monetary and nonmonetary benefits in this case, and in full satisfaction of a1] experts' costs in this case. Agenda Item No. i6K8 I\pril 8, 2008 Page 3 of 5 , 5. This Agreement is conditioned upon final review and approval by the Collier County Board of County Commissioners. 6. Attached hereto is an addendum to this Agreement. Yes x No This Agreemen dated March 14, 2008, contains all of the agreements of the parties. !~ /1<evin en cks on behalf 0 y Petitioner, Collier County !Lei A- C{{O Attorney for the Petitioner Heidi Ashton-Cic , Esq. ~.~~"C~ Respondent, TarQny S. McEndree ~-9J-lQ~ ~' Alto ey for Respon ents Fred S. Werdine, Esq. Mediator William B. Smith, Esq. Page 1 of 2 Agenda Item No. 16K8 April 8, 2008 Page 4 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16K8 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 $260,350.00 for the acquisition of Parcels 107FEE, 1 07TCE and 1 D9FEE in the Lawsuit styled Collier County, Florida v. Michael L McEndree, et aI., Case No. 07 ~4335-CA (Santa Barbara Boulevard Extension Project #60091). (Fiscal Impact: $74,000.00) 4/8/20089:0000 AM Prepared By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 3/26/20089:05:15 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 3/2612008 1 :06 PM Approved By Sharon Newman Accounting Supervtsor Date Transportation Services Transportation Services Admin 3/26/20083:28 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TEeM-ROW 3/26/20085:11 PM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 3/26/20085:14 PM Approved By Najeh Ahmad Director Date Transportation Services Transportation Engineering & Construction Management 3/27/20089:22 AM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 3/27/20082:23 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 3/28/200811:03 AM Approved By file://C:\AgendaTest\Exoort\l 04-Aoril%208. %202008\ 16.%20CONSENT%20AGENDA \ 16... 4/2/2008 Page 2 of2 ,Il,genda Item No. 16K8 April 8, 2003 Page 5 of 5 leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 3/29/20084:55 PM file://C:\AeendaTest\Exoort\ 1 04-Aoril%208.%202008\ 16.%20CONSENT%20AGENDA \ 16... 4/2/2008 1