Agenda 01/26/2021 Item #16K 3 (Stipulated Final Judgment and final compensation)01/26/2021
EXECUTIVE SUMMARY
Recommendation to approve a Joint Motion for Stipulated Final Judgment in the amount of
$1,750.00 for the acquisition of Parcels 103RDUE and 103TCE2, plus $561.99 for all statutory
attorney’s fees, expert fees, and costs, plus $3,000.00 for all supplemental attorney’s fees and costs
not provided for, in the lawsuit styled Collier County, Florida v. Golden Land Partners, LLC, et al.,
Case No. 14-CA-1291 and authorize required budget amendments. (Project No. 60123).
OBJECTIVE: That the Board approves a Joint Motion for Stipulated Final Judgment for full and final
compensation to be paid for the acquisition of Parcels 103RDUE and 103TCE2 in the Lawsuit styled
Collier County, Florida v. Golden Land Partners, LLC, et al., Case No. 14-CA-1291 ( Project #60123).
CONSIDERATIONS: The County acquired the subject property by entry of an Order of Taking on
September 8, 2014 and subsequently depositing the amount of $47.00 into the Court Registry. The taking
of Parcels 103RDUE and 103TCE2 was acquired from Marsha Freitas. The County and Respondent
negotiated a settlement of $1,750.00 for full compensation including statutory interest, all claims related
to real estate and/or business damages. The parties agreed to the statutory attorney’s fees an d expert fees
totaling $561.99, and $3,000.00 for supplemental proceedings not otherwise provided for pursuant to
Florida Statute.
The County Attorney’s Office and Staff recommend approval of this Stipulated Final Judgment since a
better result is not anticipated at trial. Upon approval, the County Attorney’s Office will file the Joint
Motion and Stipulated Final Judgment with the Circuit Court.
FISCAL IMPACT: A budget amendment, in the amount of $5,264.99, is required to transfer funds
within Stormwater Capital Fund (325), from Project 51144 to Project 60123, for this Stipulated Final
Judgment. Source of funds are transfers from the General Funds (001 & 111).
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. - CMG
RECOMMENDATION: That the Board of County Commissioners approve the Joint Motion for
Stipulated Final Judgment and the expenditure and disbursement of funds as stated. And authorize any
required budget amendments.
PREPARED BY: Colleen M. Greene, Assistant County Attorney
ATTACHMENT(S)
1. Joint Motion for Stipulated Final Judgment_ (PDF)
16.K.3
Packet Pg. 917
01/26/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3
Doc ID: 14681
Item Summary: Recommendation to approve a Joint Motion for Stipulated Final Judgment in the
amount of $1,750 for the acquisition of Parcels 103RDUE and 103TCE2, plus $561.99 for all statutory
attorney’s fees, expert fees, and costs, plus $3,000 for all supplemental attorney’s fees and costs not
provided for, in the lawsuit styled Collier County, Florida v. Golden Land Partners, LLC, et al., Case No.
14-CA-1291 and authorize required budget amendments. (Project No. 60123).
Meeting Date: 01/26/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Jessica Hayes
01/07/2021 10:08 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
01/07/2021 10:08 AM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 01/07/2021 11:18 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 01/13/2021 2:42 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 01/14/2021 10:42 AM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 01/14/2021 11:15 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 01/14/2021 2:43 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/14/2021 3:35 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/14/2021 3:56 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 01/16/2021 3:37 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 01/16/2021 4:42 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/26/2021 9:00 AM
16.K.3
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16.K.3.a
Packet Pg. 919 Attachment: Joint Motion for Stipulated Final Judgment_ (14681 : Joint Motion For Stipulated Judgment)
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Packet Pg. 920 Attachment: Joint Motion for Stipulated Final Judgment_ (14681 : Joint Motion For Stipulated Judgment)
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Packet Pg. 921 Attachment: Joint Motion for Stipulated Final Judgment_ (14681 : Joint Motion For Stipulated Judgment)
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Packet Pg. 922 Attachment: Joint Motion for Stipulated Final Judgment_ (14681 : Joint Motion For Stipulated Judgment)