Agenda 09/10/2019 Item #16K3 (Mediated Settlement Agreement - CKC Property Holdings)09/10/2019
EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment to
settle final compensation for the taking of Parcel 318RDUE, in the amount of $108,527.50,
including statutory attorney fees and costs, and expert fees and costs, in the lawsuit styled Collier
County v. CKC Property Holdings, et al, Case No. 16-CA-1242, required for the Golden Gate
Boulevard Expansion Project No. 60145. (Fiscal Impact: $49,227.50)
OBJECTIVE: To settle final compensation owed for the taking of Parcel 318RDUE required for the
expansion of roadway and related drainage and utility improvements to Golden Gate Boulevard
Expansion Project No. 60145 (east of 20th St. E. to Everglades Blvd.), hereinafter referred to as the
“Project.”
CONSIDERATIONS: On March 11, 2017, the County condemned Parcel 318RDUE and subsequently
deposited the combined amount of $59,300 into the Court Registry as a good faith estimate of value
pursuant to the Stipulated Order of Taking in the lawsuit styled Collier County v. CKC Property
Holdings, et al, Case No. 16-CA-1242. Parcel 318RDUE is on improved property consisting of 1.64
acres, owned by Gerald Dannacker, and is a non-exclusive, road right-of-way, drainage and utility
easement, containing 3,675 square feet. An aerial photograph of the property is attached.
On August 23, 2019, the County Attorney’s Office (“CAO”) and Transportation staff participated in
Mediation, with Respondent’s appraiser estimating compensation in the amount of $110,500 for the land
taken, improvements and damages. The parties reached a Mediated Settlement Agreement, contingent
upon approval of the Board of County Commissioners. The terms of the Agreement require the County
pay Respondent $108,527.50 for the easement interest taken, which amount includes the County’s
combined deposits into the Court Registry, all statutory attorney fees and costs, and all expert fees and
costs.
The CAO and staff recommend approval of the proposed Stipulated Final Judgment since a better result is
not anticipated at trial. Upon approval, the CAO will file the attached Joint Motion for Stipulated Final
Judgment with the Circuit Court.
Among the reasons for the greater settlement value for this particular parcel is that there were significant
improvements taken.
FISCAL IMPACT : Funds in the amount of $49,227.50 will be paid from impact fees from the Golden
Gate Boulevard Expansion Project No. 60145. The primary funding source for the acquisition of right -of-
way is impact fees. Should impact fees not be sufficient within a particular project, the secondary
funding source will be gas taxes.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been prepared by the County Attorney’s Office, is
approved as to form and legality, and requires a majority vote for Board approval. - CMG
RECOMMENDATION: To approve a Mediated Settlement Agreement and Stipulated Final Judgment
to settle final compensation for the taking of Parcel 318RDUE, in the amount of $108,527.50, including
statutory attorney fees and costs, and expert fees and costs, in the lawsuit styled Collier County v. CKC
Property Holdings, LLC, et al, Case No. 16-CA-1242, required for the Golden Gate Boulevard Expansion
Project No. 60145.
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09/10/2019
Prepared by: Colleen M. Greene, Assistant County Attorney
ATTACHMENT(S)
1. Mediated Settlement Agreement Parcel 318RDUE (PDF)
2. Joint Motion for Stipulated Final Judgment as to Parcel 318RDUE (PDF)
3. Aerial Photograph of Parcel 318RDUE (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3
Doc ID: 10001
Item Summary: Recommendation to approve a Mediated Settlement Agreement and Stipulated
Final Judgment to settle final compensation for the taking of Parcel 318RDUE, in the amount of
$108,527.50, including statutory attorney fees and costs, and expert fees and costs, in the lawsuit styled
Collier County v. CKC Property Holdings, et al, Case No. 16 -CA-1242, required for the Golden Gate
Boulevard Expansion Project No. 60145. (Fiscal Impact: $49,227.50)
Meeting Date: 09/10/2019
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
08/29/2019 3:11 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
08/29/2019 3:11 PM
Approved By:
Review:
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 08/29/2019 3:26 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 08/29/2019 3:47 PM
Transportation Engineering Robert Bosch Additional Reviewer Completed 08/29/2019 3:47 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 08/29/2019 4:00 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 08/30/2019 10:09 AM
Growth Management Department Debbie Allen Additional Reviewer Skipped 08/30/2019 11:01 AM
Growth Management Department Jeanne Marcella Department Head Review Completed 08/30/2019 11:17 AM
Growth Management Department James C French Deputy Department Head Review Completed 08/30/2019 11:42 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 08/30/2019 1:12 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/30/2019 3:11 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/03/2019 10:46 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 09/03/2019 2:18 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/03/2019 2:52 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/10/2019 9:00 AM
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COLI-IER COLTNTY BOARD OF COLTNTY
COMMISSIONERS, a politioal subdivision
Of the Statc of Florida.
Petitioner,
CKC PROPERTY HOLDINGS, LLC;
GERALD DANNACKER, ET AL.
INTHE CIRCUIT COURI'OF THE
TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY
FLORIDA
Case No: 2016-CA-1399
Parcel: 318RDUE
Respondents.
As a result of a Mediation Conference held on August 23,2019 the parties
reached the following Settlement Agfeement contingent upon the approval of the Collier
County Board of Commissioners:
l. Petitioner will pay to Respondents' Gerald Dannacker, the sum of $ 87-75o"
in full settlement of all claims for compensation from Petitioner whatsoever, including
business damages, but excluding attomey's lees, experts' f-ees, and costs'
2. ln acldition to the settlement amount referenced in Paragraph 'l of this
Agreemenr, petirioner will pay S 1J,$ 1 );i9n total attomey's fees and attomey litigation
co-sts in this case, includingl'ees .et6ted-to monetary and non-monetary benefits and
supplemental proceedings, if any.
3. In addition to the settlement amount referenced in Paragraph I of this
Agreement, petitioner will p"y $6,OJ{-in total experts' fees and costs in this case.
4. Counsel for Petitioner and Respondent will jointly submit to the Court for
signature a mutually approved Stipulated Final Judgment in this matter as soon as
practical herealier, but not prior to the satisfaction of all conditions contained herein.
5. Petitioner is entitled to a credit in the amount of $ 5?, 307 'd for its
good tbith deposil in the Coutl Registry.
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Packet Pg. 2612 Attachment: Mediated Settlement Agreement Parcel 318RDUE (10001 : Mediated Settlement Agreement - Parcel 318RDUE - 16-CA-1242 - project
6. Petitioner will pay Respondent the balance due of $ lX,olTSi,6n,n'n,
(30) days ofthe actual date ofreceipt by the Petitioner's counsel of a conformed copy of
the albresaid Stipulated Final Judgment from the Court.
7. Attached hereto is an addendum to this Agreement.
Yes ,/' No
This Agreement, dated August 23,2019, contains all the agreements ofthe
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parties.
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Colleen M.
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Packet Pg. 2613 Attachment: Mediated Settlement Agreement Parcel 318RDUE (10001 : Mediated Settlement Agreement - Parcel 318RDUE - 16-CA-1242 - project
Respondenl Gerald Dannacker
. /' ',1
IN THE CIRCUIT COURI'O}' 'IHE TWENTIETH JUDICIAL CIRCUIT
tN AND FOR COLLIER COLINTY, FLORIDA . CIVIL ACTION
COLLIER COUNTY, BOARD OF
COUNTY COMMISSIONERS, a Political
SuMivision of the State of Flotids,
Petitioner.
VS.
CKC PROPERTY HOI-DINGS, Lt-C, el al.'
Respondents.
Mediator. Lawrence S. Cendzicr
Case No. l6-CA-1242
Parcel No.: 3 IERDUE
ln addition to the amounts set fo{th in th€ Mediated Settlement Ag€emcnt rtgarding the above
case, the Petitioner agrees to pay $l,130 in additional expert' fees ard costs. see Exhibit "A".
Attomey for Rcspondent Kanneth Jones
Petitionel-eollier Co. Robcrt Bosch
t I 1994E6.I
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Packet Pg. 2614 Attachment: Mediated Settlement Agreement Parcel 318RDUE (10001 : Mediated Settlement Agreement - Parcel 318RDUE - 16-CA-1242 - project
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Packet Pg. 2615 Attachment: Mediated Settlement Agreement Parcel 318RDUE (10001 : Mediated Settlement Agreement - Parcel 318RDUE - 16-CA-1242 - project
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Packet Pg. 2616 Attachment: Joint Motion for Stipulated Final Judgment as to Parcel 318RDUE (10001 : Mediated Settlement Agreement - Parcel 318RDUE - 16-
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Packet Pg. 2617 Attachment: Joint Motion for Stipulated Final Judgment as to Parcel 318RDUE (10001 : Mediated Settlement Agreement - Parcel 318RDUE - 16-
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Packet Pg. 2618 Attachment: Joint Motion for Stipulated Final Judgment as to Parcel 318RDUE (10001 : Mediated Settlement Agreement - Parcel 318RDUE - 16-
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Packet Pg. 2619 Attachment: Joint Motion for Stipulated Final Judgment as to Parcel 318RDUE (10001 : Mediated Settlement Agreement - Parcel 318RDUE - 16-
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Packet Pg. 2620 Attachment: Joint Motion for Stipulated Final Judgment as to Parcel 318RDUE (10001 : Mediated Settlement Agreement - Parcel 318RDUE - 16-
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Packet Pg. 2621 Attachment: Joint Motion for Stipulated Final Judgment as to Parcel 318RDUE (10001 : Mediated Settlement Agreement - Parcel 318RDUE - 16-
AERIAL – PARCEL 318RDUE
(GOLDEN GATE BLVD. PROJECT NO. 60145)
/
EXISTING RIGHT-OF-WAY PER PLAT
PARCEL 318RDUE
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Packet Pg. 2622 Attachment: Aerial Photograph of Parcel 318RDUE (10001 : Mediated Settlement Agreement - Parcel 318RDUE - 16-CA-1242 - project 60145)