Agenda 01/27/2026 Item #16K 6 (Stipulated Final Judgment in the amount of $120,000 plus $31,295 in statutory attorney fees, expert fees, and costs for the taking of Parcel 1299FEE required for the Vanderbilt Beach Road Extension Project No. 60249)1/27/2026
Item # 16.K.6
ID# 2026-150
Executive Summary
Recommendation to approve a Stipulated Final Judgment in the amount of $120,000 plus $31,295 in statutory attorney
fees, expert fees, and costs for the taking of Parcel 1299FEE required for the Vanderbilt Beach Road Extension Project
No. 60249.
OBJECTIVE: To settle full compensation for the taking of Parcel 1299FEE required for the construction of the
Vanderbilt Beach Road Extension Project No. 60249.
CONSIDERATIONS: On July 9, 2024, the Board authorized, via Resolution No. 2024-135, the condemnation of
Parcel 1299FEE for the construction of roadway, drainage, and utility improvements required for the expansion and
extension of Vanderbilt Beach Road from 16th Street NE to Everglades Blvd. The fee simple acquisition area consists
of a strip taking along the rear, southernly boundary of the property and is approximately 0.24 acres in extent. The
parent tract is improved with a single-family home and associated improvements owned by Nikole Richards. The parent
tract contains 1.59 acres of gross land area, which has been reduced to 1.35 acres after the acquisition. An aerial
photograph of the subject property is attached. The County’s appraiser estimated full compensation at $49,200
including severance damages. The property owners initial demand was $176,800 not including attorney’s fees and
costs. The parties participated in mediation, reached impasse, and subsequently reached an agreement subject to
approval by the Board of County Commissioners. The attached Stipulated Final Judgment reflects a negotiated
compensation amount of $120,000 plus $23,364 in statutory attorney’s fees and $7,931 expert fees, for a total of
$151,295.
Staff recommends 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: The County is entitled to a credit of $50,200 for its good faith estimate of value. Funds for the
balance of $101,265, including the $170 Clerk’s deposit fee, are available in the Vanderbilt Beach Road Extension
Project Capital Fund, Project 60249. The primary funding source for the acquisition of right of way is through Road
Impact Fee District Funds (3090, 3091, 3092, 3093, 3094, 3095) in the Vanderbilt Beach Road from 16th to Everglades
Project (60249). Should impact fees not be sufficient, the secondary funding source will be the Road Construction Gas
Tax Fund (3083) and the Transportation Capital Fund (3081).
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board
approval. – CMG
RECOMMENDATION(S): To approve the attached Joint Motion and Stipulated Final Judgment and authorize the
payment of funds as stated herein.
PREPARED BY: Robert Bosch, Manager, Manager ROW Acquisition, Operations and Performance Management
ATTACHMENTS:
1. P1299FEE - Joint Motion for Stipulated Final Judgment
2. Aerial - Parcel 1299FEE
Page 5196 of 5261
[25-CA-217/1993925/1]
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
Collier County, Florida, a political Subdivision
of the State of Florida,
Plaintiff,
Case No. 25-CA-217
vs. Parcel 1299FEE
Suarez Property Enterprise LLC, a Florida Limited Liability
Company; PAZ Contracting Group LLC aka PAZ Contracting Group Inc;
Paulino F. Llanes; Noam Levy; Miri Armoza; Unknown Tenants;
Mortgage Electronic Registration Systems, Inc; Nikole Richards;
PennyMac Loan Services, LLC; Admirals Bank NKA 42 North Private Bank;
US Department of Housing and Urban Development; and Rob Stoneburner, Collier
County Tax Collector,
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1299FEE
Petitioner, Collier County, Florida, together with Respondent, Nikole Richards, by and
through the undersigned counsel, hereby respectfully moves this Court for the entry of the
foregoing Stipulated Final Judgment as to Parcel 1299FEE attached hereto as Exhibit “1”.
_______________________________
COLLEEN M. GREENE, ESQ.
Florida Bar No. 502650
SALLY A. ASHKAR, ESQ.
Florida Bar No. 1007665
Collier County Attorney’s Office
3299 E. Tamiami Trail, Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
COUNSEL FOR PETITIONER
Colleen.Greene@collier.gov
Sally.Ashkar@collier.gov
Sheri.Malcolm@collier.gov
/s/ KENNETH A. JONES____
KENNETH A. JONES, ESQ.
Florida Bar No. 200158
Hahn Loeser & Parks, LLP
2400 First Street, Suite 300
Fort Myers, FL 33901
Telephone: (239) 337-6727
COUNSEL FOR RESPONDENT
kjones@hahnlaw.com
kzamzow@hahnlaw.com
Page 5197 of 5261
[25-CA-217/1993925/1]
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Stipulated Final
Judgment was electronically filed with the Florida Courts E-Filing Portal on this _____ day of
________________ 2026.
BY: _______________________________
COLLEEN M. GREENE, ESQ.
Page 5198 of 5261
[25-CA-217/1993925/1]
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
Collier County, Florida, a political Subdivision
of the State of Florida,
Plaintiff,
Case No. 25-CA-217
vs. Parcel 1299FEE
Suarez Property Enterprise LLC, a Florida Limited Liability
Company; PAZ Contracting Group LLC aka PAZ Contracting Group Inc;
Paulino F. Llanes; Noam Levy; Miri Armoza; Unknown Tenants;
Mortgage Electronic Registration Systems, Inc; Nikole Richards;
PennyMac Loan Services, LLC; Admirals Bank NKA 42 North Private Bank;
US Department of Housing and Urban Development; and Rob Stoneburner, Collier
County Tax Collector,
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1299FEE
(with Disbursement Instructions to the Clerk)
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
Collier County, Florida, and Respondent, Nikole Richards, by and through counsel, for the entry
of a Stipulated Final Judgment as to Parcel 1299FEE for Project 60249, and it appearing to this
Court that proper notice was given to the parties having any equity, lien, title, or other interest in
or to the real property described therein, and the Court being otherwise fully advised in the
premises thereof, it is
ORDERED AND ADJUDGED that:
1. Respondent, Nikole Richards, shall recover from Petitioner, Collier County,
Florida, the total sum of One Hundred Twenty Thousand Dollars and No/100 ($120,000.00),
subject to apportionment, if any, for Parcel 1299FEE, as full payment for the property interest
taken, including business damages, if any, in connection with said Parcel.
Page 5199 of 5261
[25-CA-217/1993925/1]
2. Respondent, Nikole Richards, shall recover from Petitioner, Collier County,
Florida, the total sum of Twenty-Three Thousand Three Hundred Sixty-Four Dollars and
No/100 ($23,364.00), for all attorney fees and attorney litigation costs in this case, including fees
related to monetary and non-monetary benefit.
3. Respondent, Nikole Richards, shall recover from Petitioner, Collier County,
Florida, the total sum of Seven Thousand Nine Hundred Thirty-One Dollars and No/100
($7,931.00), for all expert fees and costs, associated with the acquisition of Parcel 1299FEE, and
no other expert fees or costs shall be paid in this matter.
4. Petitioner, Collier County, Florida, is entitled to a credit for the good faith estimate
of value previously deposited in the amount of Fifty Thousand Two Hundred Dollars and
No/100 ($50,200.00), as payment for the acquisition of Parcel 1299FEE, at which time title to
said Parcel as described in Exhibit “A” vested in the name of Petitioner, Collier County, Florida.
5. The Clerk shall immediately disburse the sum of Fifty Dollars and No/100 ($50.00)
(based on $0.40 per day for 125 days for the period of Jan. 1, 2025, through May 5, 2025, the date of
deposit) to the Collier County Tax Collector c/o Kelly Bartlett.
6. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay the total sum of Thirty-One Thousand Two Hundred Ninety-
Five Dollars and No/100 ($31,295.00), representing the total sum due for attorney’s fees, costs,
and expert fees and costs, by issuing a check payable to Hahn Loeser & Parks, LLP Trust Account,
and mailing the check to Hahn Loeser & Parks, LLP, c/o Kenneth A. Jones, Esq., 2400 First
Street, Suite 300, Fort Myers, FL 33901.
7. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall deposit the total amount of Sixty-Nine Thousand Eight Hundred
Page 5200 of 5261
[25-CA-217/1993925/1]
Dollars and No/100 ($69,800.00) into the Court Registry, representing the total sum due for the
acquisition of Parcel 1299FEE, subject to apportionment, if any.
8. Collier County's initial construction of the subject project shall substantially
conform with the County's 90% construction plans, filed with the Court on March 26, 2025. The
90% construction plans provide for two travel lanes; however, the right-of-way footprint is
sufficient to accommodate up to a six-lane road design. No additional compensation shall be due
to Respondent for the future widening of Vanderbilt Beach Road up to four-lanes or six-lanes,
including related roadway improvements to Vanderbilt Beach Road.
9. This Order disposes of all claims arising out of the taking of Parcel 1299FEE that
have or could have been asserted in this cause.
10. A fee simple taking, being fully described in Exhibit “A” attached hereto and
incorporated herein, which vested in Petitioner pursuant to the Stipulated Order of Taking dated
April 24, 2025, and the deposit of money heretofore made, is approved, ratified, and confirmed.
11. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
6438, Page 1885 of the Public Records of Collier County, Florida be dismissed as to Parcel
1299FEE.
12. Respondent, Rob Stoneburner, Collier County Tax Collector is dismissed from
this action as to Parcel 1299FEE.
13. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
14. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
Page 5201 of 5261
[25-CA-217/1993925/1]
Exhibit “A”
Page 5202 of 5261
AERIAL – PARCEL 1299FEE
(VANDERBILT BEACH RD EXT (PH 2) PROJECT NO. 60249
12th Ave NE
PARCEL 1299FEE
/
Page 5203 of 5261