Agenda 01/24/2012 Item #16K21/24/2012 Item 16:x.2.
EXECUTIVE SUMMARY
Authorize the making of an Offer of Judgment to Respondent, Ariam Lopez, for Parcel No.
173SE in the amount of $1,000 in the lawsuit styled Collier County v Pablo Garcia, et ari;,
Case No. 10-2683-CA (Collier Boulevard Project No. 680W (Fiscal Impact $300).
OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to
Section 73.032, Fla. Stat., to property owner, Ariam Lopez, in the amount of $1,000, as full
compensation, excepting attorney's fees and costs, for condemnation of Parcel No. 173SE in
Collier County v. Pablo Garcia, et al., Case No. 10- 2683 -CA, Collier Boulevard Project No.
68056.
CONSIDERAUM: Collier County has condemned a 0.041 acres Perpetual, non- exclusive
slope easement (Parcel 173SE) from the property owner, Ariam Lopez. The County's initial
appraisal dated October 16, 2008, valued the taking at $1,700 for Parcel 173SE. The County
offered the owner $1,700 for Parcel 173SE as the County's statutory offer on December 16,
2008. The offer was not accepted. A second appraisal dated August 20, 2010, reflects a
reduction in value of Parcel 173SE to $700. An Order of Taking hearing was held on October 7,
2010, and the County deposited the sum of $700 in the Court Registry.
The County Attorney's Office and staff would like to make an Offer of Judgment in the amount
of $1,000 as full compensation for Parcel 173SE, less attorney's fees, expert fees and costs,
which will expire in 30 days unless extended by the County or accepted. If the property owner
accepts the offer, the County will be required to pay an additional $300.00, which will be paid to
the property owner by Stipulated Final Judgment of the court. If the property owner rejects the
offer and fails to recover more than $1,000 for Parcel 173SE, either through settlement or jury
verdict, the County will not be required to pay any costs incurred by the property owner after the
date of the offer's rejection. This would include any expert witness fees, such as appraisal fees.
The County Attorney's Office has reviewed all considerations in making an Offer of Judgment
and has calculated in good faith this offer of full compensation for the property interests taken.
This office considers the terms of the Offer of Judgment to be reasonable. The Offer of Judgment
is attached hereto as Exhibit "A"
FISCAL IMPACT: Funds in the amount of $300 are available from impact fees. Source of
funds are Impact Fees.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, and requires a
majority vote for approval. -JW
GROWTH MWA NT 1WACT: None.
RECOMMENDATION: That the Board of County Commissioners:
Packet Page -2303-
1/24/2012 Item 16.K.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.2.
Item Summary: Authorize the making of an Offer of Judgment to Respondent, Ariam
Lopez, for Parcel No. 173SE in the amount of $1,000 in the lawsuit styled Collier County v. Pablo
Garcia, et al., Case No. 10- 2683 -CA (Collier Boulevard Project No. 68056) (Fiscal Impact $300).
Meeting Date: 1/24/2012
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
1/11/2012 4:40:15 PM
Approved By
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
Date: 1/11/2012 5:06:56 PM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 1/12/2012 11:05:20 AM
Name: TaylorLisa
Title: Management /Budget Analyst,Transportation Administr
Date: 1/12/2012 11:58:36 AM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 1/12/2012 2:03:13 PM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 1/12/2012 2:38:58 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/13/2012 2:54:40 PM
Packet Page -2305-
Name: UsherSusan
1/24/2012 Item 16.K.2.
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 1/17/2012 10:51:31 AM
Name: SheffieldMichael
Title: Manager- Business Operations, CMO
Date: 1/17/2012 1:36:00 PM
Packet Page -2306-
1/24/2012 Item 16.K.2.
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,
Petitioner,
V.
PABLO GARCIA, et al.
Respondents.
CASE NO. 10- 2683 -CA
Parcel: 173SE
OFFER OF JUDGMENT
TO: Ariam Lopez
19221 Southwest 128th Avenue
Miami, Florida 33177 -4215
Petitioner, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida
Statutes, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in the
Collier Boulevard Project Number 68056, to the Respondent, ARIAM LOPEZ. ("Respondent "),
in settlement of all Claims concerning Parcel Number 173SE, for all compensation, including
severance damages, business damages, costs to cure, together with the value of the taking,
statutory interest and any other claims of Respondent arising out of the taking of Parcel 173SE
for the sum of $1,000, which includes the amount of $700.00 deposited pursuant to the Order of
Taking dated October 7, 2010. This Offer of Judgment is subjection to apportionment, if any.
There are no non - monetary terms or other relevant conditions to this offer except that this
offer does include interest from the date of the Order of Taking but does not include attorney's
fees and costs.
EXHIBIT
b A
Packet Page -2307-
1/24/2012 Item 16.K.2.
The construction plans and specifications for the project on which the offer is based have
been previously and continue to be available for the Respondent's review upon reasonable notice
of such a request.
This Offer of Judgment was approved by the Board of County Commissioners on the
day of _ _ _ , 2012.
Dated this day of , 2012.
10- 2683CA/I 131
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3299 East Tamiami Trail -Ste. 800
Naples, Florida 34112
(239) 252 -8400 — Telephone
(239) 252 -6300 — Facsimile
BY:
JEFF E. WRIGHT
ASSISTANT COUNTY ATTORNEY
Florida Bar No. 20203
ATTORNEY FOR PETITIONER
Packet Page -2308-