Agenda 02/26/2008 Item #16K 1
Age:yja item No. 16K1
February 26, 2008
F'age 1 of 9
EXECUTIVE SVMMARY
Recommendation to approve a Stipulated Final Judgment for Parcel Nos. 860 & 960 in the
lawsuit styled CC v. J.S. Roath Corp.. et ai, Case No. 05-1093-CA (South County Regional
Water Treatment Wellfield Project #70892), (Fiscal Impact-- $114,900,00)
OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final
Judgment for payment of full compensation, business damages, expert fees and costs, for the
taking of Parcel Nos. 860 & 960 in the lawsuit styled CC 1'. 1.8. Roath Corp., et ai, Case No. OS-
I 093-CA (South County Regional Water Treatment Wellfield Project #70892).
CONSIDERA T10NS: These parcels are located on the Super 8 Motel property at the
Collier Boulevardll-7S interchange and were acquired for the well field expansion to provide
sufficient raw water to the South Water Treatment Plant. The County acquired the subject
property by entry of an Order of Taking on October 18, :WOS and by depositing $20,000 into the
Court registry. The owner, J. S. Roath Corp., has agreed to accept the deposit amount of $20,000
as full compensation for the property interests taken, but made a claim for business damages in
the amount of $169,960 due to the owner's loss of the easement area during construction of the
pipeline. Parcel 960 (pipeline easement) encompassed tractor-trailer parking for the motel and
was under construction in excess of 160 days, thereby prohibiting its use for customer parking.
(The County had attempted to limit its exposure to business damages by placing a requirement in
the project contract limiting construction in this area to 100 days.) Section 73.071, Fla. Stat.,
pennits an owner to recover damages to the business which "the denial ofthe use of the property
so taken may reasonably cause." This Board previously approved an offer by the County to
settle the business damages for $] 6,SOO in April 2006. This offer was made, but rejected by the
o\Vner. After court-ordered mediation, the parties agreed to $8 LSOO. Based on the difference
between the County's offer of $16.S00 and the proposed settlement, the owner would be entitled
to an attorney's fee in the amount of$21,4S0.
This Executive Summary seeks approval of the attached Stipulated Final Judgment which
provides $20,000 in full compensation for the taking of Parcels 960 and 860, $8l,SOO for
business damages, and statutorily required attorney's fees and costs.
If approved, the County will pay the following costs:
. Additional Compensation: $ 00.00
. Business Damages $ 8 I ,SOO.OO
. Attorney's Fees: $ 21,4S0.00
. Business Danlage Expert Fees: $ 8,300.00
. Engineering Fees & Other Defense Costs: $ 3,SOO.OO
. Clerk of Court Fees: $ ISO.OO
TOTAL $114,900.00
This item is included in the 2005 Water Master Plan update (Table 8-2, page 1 line 18) adopted by the
.~,,_., Board of County Commissioners on June 6, 2006. item lOB.
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FISCAL IMPACT: Funds in the amount of $1 J4,900.00 are available in Project #70892, South County
Regional Water Treatment Plant Reverse Osmosis Wellfield Expansion to 20-MGD. Source of funds are
Water Impact Fees, Fund 411.
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan
Standards to ensure the adequacy and availability of viable public facilities.
RECOMMENDATION: That the Board of County Commissioners approve entry of the attached
Stipulated Final Judgment and expenditure of the funds.
PREPARED BY: Ellen T. Chadwell, Assistant County Attorney
O-JOY3CA/269
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ji.genda Item f'~o, '16K1
February 26_ 2008
Pa;w 3 of 9
COLLIER COUNTY
",-
BOARD OF COUNTY COMMISSIONERS
Item Number: 16K1
Item Summary: Recommendation to approve a Stipulated Final Judgment for Parcel Nos 850 & 960 In the
lawsuit styled CC v, JS, Roath Corp., et ai, CasE: t~o 05-10S'3-CA (South County Regional
Water Treatment Wellfield Project #70892) (Fiscal impact-- $114.900,00)
Meeting Date: 2/26/200890000 AM
Prepared By
Ellen T. Chadwell Assistant County Attorney Date
County Attorney County Attorney Office 2/8/200811:03:58 AM
Approved By
Thomas Wi des Operations Director Date
Public Utilities Public Utilities Operations 218/20085:01 PM
Approved By
Phil E. Gramatges, P.E. Sr. Project Manager Date
Public Utilities Public Utilities Engineering 2/8120085:03 PM
Approved By
"~""
Ronald F. Dillard, P.E, Senior Project Manager Date
Public Utilities Public Utiltties Engineering 2.'11/20089:12 AM
Approved By
Ba!a Sridhar Senio~' M2r.agf'rTlent/9udget Analyst Date
Public Utilities Publi: Utiljt;es Operat&OnS 2/;'1/2003 8:'i7 tJiJl
Approved By
Roy B. Anderson, P.::., Pllblic Utilities Engineering Director [Jate
Public Utilities Public Utilities E:1gine'2Tlng ::i1"1;'20CB 2:;2 PM
Approved By
EJlen T. Chadwell ,L.,ssistant County Att:Jrney Date
County Attorney Count~' P,ttorney Office 2/11f2008 2:26 PM
Approved By
James W. Delany Public Utilities Administrator Date
Public Utilities Public Utilities Administration 2/12/20089:14 AM
Approved By
Jeff Klatzkow Assistant County Attorney Date
County Attorney County Attorney Office 2/12:20084:43 PM
Approved By
file:IIC:\AgendaTest\Export\ I 0 l-Februarv%2026, %202008\16.%20CONSENT%20AGEND... 212012008
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Page 4 of 9
OMS C~'orGinatJr t:.,;:H)'11C3tiCJ;~s Ar',;::.i\'st Da:-e
f..,dminist:'"at~ve ServicfcS Ir.fo"rr:atiol; iE'-shnolDgy 2/13,'20084:07 PM
Approved By
Susan Usher Senior ManagementfBudget t,nalyst Date
County Manager's Office Office- of fJianagernent & 8udget 2f15/2008 1 :24 PM
Approved By
,iames v. r/ludd County lV:anager Date
Bovrd of CQunty
Cor:missic'1e,s County Manager':: Offi:e 2/1C:200811:02 AM
file:/IC:\AgendaTest\Export\ I 0 I-Februarvo;(,2026. %202008\ 16.%20CONSENT%20AGEND... 2/20/2008
;:,genja Item r'~oo ';m<1
February 26, 2008
Page 5 of 9
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, as the Governing
Body of Collier County and as Ex-Officio Governing
Board of the Collier County Water-Sewer District,
Petitioner, Case No. 05-I093-CA
v. Parcel Nos.: 860,960
J.S. ROATH CORP., et a!.,
Respondents.
/
STIPULATED FINAL JUDGMENT
THIS CAUSE, having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, J.S. ROATH CORP., by and through their
undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel Nos. 860 and 960, the
Court finding that the compensation to be paid by Petitioner, COLLIER COUNTY, FLORIDA,
is the full compensation due Respondent, J.S. ROATH CORP., and the Court being otherwise
fully advised in the premises thereof, it is thereupon
ORDERED AND ADJUDGED that:
1. Respondent, J.S. ROATH CORP. (hereinafter "ROATH") receive from
Petitioner, COLLIER COUNTY, FLORIDA, the sum of Twenty Thousand and No/IOO
Dollars ($ 20,000.00), as full compensation for the property interests taken and for damages
resulting to the remainder, ifless than the entire property was taken.
2. Petitioner will be entitled to a credit for the good faith estimate of value
_. previously deposited in the amount of$20,000.00.
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3. ROATH is awarded business damages in the amount of Eighty One Thousand
Five Hundred and No/100 Dollars ($ 81,500.00).
4. ROATH shall receive pursuant to Florida Statutes ~73.092(1) attorney's fees in
the sum of Twenty One Tho,usand Four Hundred Fifty and No/lOa Dollars ($21,450.00),
based on a benefit of$65,000 to ROATH.
5. ROATH shall receive the sum of $8,300 for business damage expert fees and the
sum of $3,500 for engineering fees and all other defense costs. No other costs will be awarded in
this cause, except in the event of supplemental proceedings.
6. Within forty-five (45) days of entry of this Order, Petitioner shall deposit the
aggregate sum of One Hundred Fourteen Thousand Seven Hundred Fifty and NoI100
Dollars ($114,750.00).
7. Immediately after the deposit is made the Clerk shall disburse the sum of One
Hundred Thirty Four Thousand Seven Hundred Fifty and No/IOO Dollars ($134,750.00)
made payable to D. Keith Wickenden, Esquire, GRANT, FRIDKIN, PEARSON, ATHAN &
CROWN, PA, 5551 Ridgewood Dr., Suite 501, Naples, FL 34108. Attorney Wickenden may
disburse the total sum of 533,250 for attorney's fees and costs in accordance with this order. The
remaining balance of $1 0 I ,500 shall be held in escrow pending further order of this court.
8. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official
Record Book 3832, Page 422 of the Public Records of Collier County, Florida, is dismissed as to
Parcel Nos. 860 and 960.
9. 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 $2,032.28, via wire transfer from the Clerk of
Courts to the Collier County Board of County Commissioners, Account # 411-273511-708921.
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10. Compensation awarded herein is subject to the apportionment claims of those
mortgages identified in this cause.
II. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
12. This Court retains jurisdiction to enforce the terms of this Stipulated Final
Judgment and conduct supplemental proceedings, if needed.
DONE AND ORDERED in Naples, Florida, this _ day of ,2008.
HUGH D. HAYES
Circuit Court Judge
Conformed copies to:
Ellen T. Chadwell, Esquire
D. Keith Wickenden, Esquire
Mark H. Muller, Esquire
Mark A. Steinbeck, Esquire
Toni Molt.
Accounting
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
The Parties hereby stipulate and respectfully request this Court to enter the foregoing
Stipulated Final Judgment as to Parcel Nos. 860 and 960.
Dated: Dated:
D. Keith Wickenden, Esquire Ellen T. Chadwe ~
Florida Bar No.: Assistant Coun Att mey
GRANT, FRIO KIN, eta! Florida Bar No.: 3860
5551 Ridgewood Dr., Suite 501 3301 East Tarniarni ,
Naples, FL 34108 Naples, Florida 34112
(239) 514-1000- Phone (239) 252-8400 - Phone
(239) 514-0377- Facsimile (239) 252-6300 - Facsimile
ATTORNEY FOR RESPONDENT ATTORNEY FOR PETITIONER
J.S. ROATH CORP.
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Joint Motion on
Stipulated Final Judgment has been furnised by U.S. Mail to all parties listed on the attached
service list on this _ day of ,2008. I
ELLEN T. CHADWELL, ESQUIRE
05-1093-CA/268
P.ge:'lda Item ~,Jo. 16t-:1
February 26, 2008
SERVICE LIST Page 9 of 9
BOARD OF COUNTY COMMISSIONERS v. J.S. ROATH CORP., et al.
PARCELS 860 & 960
J.S. Roath Corp.
clo D. Keith Wickenden, Esq.
Grant, Fridldn, Pearson, Athan & Crown P.A.
555] Ridgewood Drive, Suite 501
Naples. FL 34108
Great Southern Bank
clo Mark H. Muller, Esq.
QUARLES & BRADY, LLP
1395 Panther Lane, Suite 300
Nap]es, FL 34109
United States of America,
on behalf of the Small Business Administration
clo Mark A. Steinbeck, Asst.United States Attorney
2210 First Street, Suite 3-13 7
Ft. Myers, FL 33901
.. Small Business Administration
South Florida office
Attention: Susan Rosenfeld
100 S. Biscayne Blvd., 7th Floor
Miami, FL 33131
(courtesy copy only)
Attorney General Alberto Gonzalez
U.S. Dept. of Justice
950 Pennsylvania Ave. NW, Room 4400
Washington, D.C. 20530-0001
(courtesy copy only)
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