Agenda 02/26/2008 Item #16K 4
Agenda Item f'..Jo. 16K4
February 26,2008
Page 1 of 5
Executive Summarv
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Recommendation to Approve a Mediated Settlement Agreement and a Stipnlated Final
Jndgment to be drafted incorporating the same terms and conditions as the Mediated
Settlement Agreement in the amonnt of $215,000.00 for the acquisition of Parcels 113A, 813
and 913 in the Lawsuit styled Collier County, Florida v. Delbert Ackerman, et al., Case No. 06-
1124-CA (County Barn Road Project #60101). (Fiscal Impact: $99,919.00)
OBJECTIVE: That the Board approve a Mediated Settlement Agreement and a Stipulated Final
Judgment to be drafted incorporating the sanle terms and conditions as the Mediated Settlement
Agreement as full and final compensation to be paid for the acquisition of Parcels l13A, 813 and
913 in the lawsuit styled Collier County, Florida 1'. Delbert Ackerman. et al., Case No. 06-1124-CA
(County Barn Road Project #601 01).
CONSIDERATIONS: The County acquired the subject property by entry of an Order of Taking on
December 8, 2006 and subsequently depositing the amount of$147,500.00 into the Court Registry
on December 22, 2006. The improvements on the Parent Tract include a single family home, guest
house, swimming pool and solid fiberglass wall/fencing. The taking is 27 feet for road right of way,
13 feet for a drainage and utility easement, and 10 feet for a utility easement for a total impact of 50
feet. The COUJ1ty and Respondents have negotiated a settlement of $215,000.00 for full
compensation. The owners' appraiser valued the taking at $275,261.00. The settlement reflects
the County's exposure to damages because the setback from the road right of way is reduced from
- 108 feet to 81 feet and the distance from the County's utilities easement to the Respondents' home
is reduced to 58 feet. The land values and improvement values were also negotiated. If the
settlement is approved, the County is responsible for the following costs:
. Additional Deposit/Disbursement Amount: $ 67,500.00
. Expert Fees: 9,400.00
. Clerk's Service fee: $ 150.00
. Attorney's Fees: $ 22.869.00
TOTAL: $ 99,91900
Attached is the Mediated Settlement Agreement providing for the above-stated funds.
FISCAL IMPACT: FUJ1ds in the amount of $99,919.00 will come from Gas Tax Reserves. A
budget amendment is needed to move these funds into the project. Source of funds are Gas Tax
Reserves.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDA TION: 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 COUl1 for entry; approve
the expenditure and disbursement of funds as stated; approve a budget amendment; and direct staff
to deposit the sum of$67,500.00 into the registry of the cOUl1.
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PREPARED BY: Heidi Ashton-Cicko, Assistant County Attorney, Office of the County Attomey
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Agenda 1l~.'1TI No. ~i 6K4
:=ebruacy 26. 2008
Page2of5
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IN THE CIRCUIT COURT OF THE TWENTIETII JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIRCmT CIVIL DIVISION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State
of Flori da,
Petitioner, Case No.: 06-1I24-CA
v. Parcel No.: 113A, 813, 913
DELBERT ACKERMAN et al.
Respondents.
I
MEDIA TED SETTLEMENT AGREEMENT
At the Mediation Conference held on January 31, 2008. the parties reached the
following Settlement Agreement:
1. Petitioner will pay to Respondents, Delbert Ackerman and Nancy
Ackerman, the sum of $215,000.00 in fulJ settlement of all claims for compensation from
Petitioner whatsoever, including statutory interest, but excluding attorney's and experts'
fees and costs. Said sum wJII be subject to claims for apportionment, if any.
2. Petitioner is entitled to a credit in the amount of $147,500.00
which sum was previously deposited in the Registry of the Court in this case by
Petitioner.
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.
4. Petitioncr will deposit in the Registry of the Court the balance due of
$67,500.00 within thirty days from the actual date of receipt by Petitioner's counsel of a
conformed copy of the aforcsaid Stipulated Pinal Judgment from the Court.
COpy
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5. Collier County will pay $22,869.00 in full satisfaction
of all attorney's fees arising from any monetary and non-monetary benefits in this case.
Collier County will pay $9,400.00 in full satisfaction of all experts' costs in this case.
6. This Settlement Agreement is subject to review and approval by the Board
of County Commissioners of Collier County.
7. Parcels 8] 3 and 913 will be designated and defined as permanent
roadway casements in the Stipulated Final Judgment in this case.
8. Respondents shall retain the right to the use and enjoyment of the parcels
taken until such time as the construction contract is awarded for the subject road project.
This paragraph shall supersede Paragraph 9 of the Order of Taking in this case. Petitioner
or its agent shall provIde thirty days' written notice to Respondents prior to the
commencement of construction in the vicinity of the subject parcels.
], 2008, contains all of the agreements of the parties.
, ./ ~ C41~
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/" 7 evin e llri(?k for
Petitioner, Collier County
d~cl A- G(u ~ ~
Attorney for Petitioner
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Mediator A ey fo7R~on6ents
William B. Smith, Esq. Charles R. Forman. Esq.
Page 10f2
L.gsnda Item t~o. 15K4
February 26, 2008
Page 4 of 5
COLLIER COUNTY
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BOARD OF COUNTY COMMISSIONERS
Item Number: 16K4
Item Summary: Recommendation to ,A.pprove a tJledlated 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 $215,00000 for the acquisition of Parcels 113A, 813
and 913 In the Lawsuit styled Collier County, FlOrida v Delberi Ackerman, et al Case No
06-1124-CA (County 8arn Road Project #60101) (Fis::;al impact: $99.91900)
Meeting Date: 2/26/2008900:00 Afv1
Prepared By
Heidi F. Ashton Assistant County Attorney Date
County Attorney County Attorney Office 2/13!2008 10:05:37 AM
Approved By
Najeh Ahmad Director Date
Transportation Engineering &
Transportation Services Construction Management 2/13/20083:41 PM
Approved By
Kevin Hendricks Right Of Way Acquisition Manager Date
Transportation Services TEeM.ROW 2/13/20084:41 PM
Approved By
Norm E. Feder. AICP Transportation Division Administrator ::ate
Transportation Services Transportation Services Admin. 2!13/2008 4:41 PM
Approved By
Sharon Newman t.,scounting Supervisor Date
Transportation Services 7"ansportation Servjce~, Admin 2!14/2008 12:20 PM
Approved By
Usa Taylor Management/Budget Analyst Date
Transportation Services Transportation Administration 2/14(2008 4 :02 PM
Approved By
OM8 Coordinator Appiications Analyst Date
Administrative Se-rvices [nformation Technology 2fi4:'2D08 4:27 PM
Approved By
David C. Weigel County Attorney Date
County Attorney County Attorney Office 2/15/200811:55 AM
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Approved By
Susan Usher Senior Management/Budget Analyst Date
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!tsm LJo. "16K4
Fet;rJ3ry 26.2008
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Coun~y Manager's O~fi::e Offi::e of Management & Budget :,/15,'20081 :oe PfVl
.Approved By
James V. Mudd County !v.anag~r Date
Board of County
Commissioners County Manager's Office 2/16/200810:58 AM
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