Agenda 10/23/2012 Item #16K5 10/23/2012 Item 16.K.5.
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney's Office to make an Offer of Judgment
to Respondent, Myrtle Chase, LLC for Parcel No. 206DAME in the amount of$9,960 in the
lawsuit styled Collier County v. John D. Lawrence, et al., Case No. 11-3207-CA (LASIP
Outfalls 3 & 4 Project No. 51101) (Fiscal Impact$1,660).
OBJECTIVE: Authorize the County Attorney's Office to make an Offer of Judgment pursuant
to Section 73.032, F.S., to property owner, Myrtle Chase, LLC, in the amount of$9,960.00, as
full compensation, excepting attorney fees and costs, for condemnation of Parcel No. 206DAME,
in Collier County v. John D. Lawrence, et al., Case No. 11-3207-CA, LASIP Outfalls 3 & 4,
Project No. 51101.
CONSIDERATIONS: Collier County condemned a 0.291-acre parcel for a perpetual, non-
exclusive, drainage, access, and maintenance easement (Parcel 206DAME) from the property
owner, Myrtle Chase, LLC. The County's initial appraisal dated April 14, 2011 valued the
taking at $8,300.00. The updated appraisal dated February 3, 2012 also valued the taking at
$8,300.00. The County offered the owner $8,300.00 as the County's statutory offer on July 29,
2011. The offer was not accepted. An Order of Taking hearing was entered on March 6, 2012
and the County deposited the sum of$8,300.00 into the Court Registry on March 22, 2012.
The County Attorney's Office and staff would like to make an Offer of Judgment in the amount
of$9,960.00 as full compensation for Parcel 206DAME, excluding attorney 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 $1,660.00, 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 $9,960.00 for Parcel 206DAME, 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. Although the offer does not include attorney fees, if the property
owner accepts the offer, the County would be responsible for attorney fees pursuant to Section
73.092, F.S.
The County Attorney's Office has reviewed all considerations in making this 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.
FISCAL IMPACT: Funds in the amount of$1,660.00 is available from the Stormwater Capital
Improvement Project. Source of funds are ad valorem.
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for
approval. - ERP
GROWTH MANAGEMENT IMPACT: None.
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10/23/2012 Item 16.K.5.
Executive Summary
Page Two
RECOMMENDATION: That the Board of County Commissioners authorizes the terms of
the Offer of Judgment and authorizes its service on the property owner and the expenditure of
funds as stated, if the offer is accepted.
Prepared by: Emily R. Pepin, Assistant County Attorney
CP\11-3207\130
2
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10/23/2012 Item 16.K.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.5.
Item Summary: Recommendation to authorize the County Attorney's Office to make an
Offer of Judgment to Respondent, Myrtle Chase, LLC for Parcel No. 206DAME in the amount of
$9,960 in the lawsuit styled Collier County v.John D. Lawrence, et al., Case No. 11-3207-CA
(LASIP Outfalls 3 &4 Project No. 51101) (Fiscal Impact $1,660).
Meeting Date: 10/23/2012
Prepared By
Name: NeetVirginia
Title: Legal Assistant/Paralegal,County Attorney
10/11/2012 10:15:51 AM
Submitted by
Title: Assistant County Attorney, CAO Litigation
Name: PepinEmily
10/11/2012 10:15:54 AM
Approved By
Name: HendricksKevin
Title: Manager-Right of Way,Transportation Engineering
Date: 10/15/2012 11:14:53 AM
Name:PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 10/15/2012 12:11:14 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 10/15/2012 12:53:19 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 10/15/2012 1:05:51 PM
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10/23/2012 Item 16.K.5.
Name: OchsLeo
Title: County Manager
Date: 10/15/2012 2:03:28 PM
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10/23/2012 Item 16.K.5.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY,FLORIDA
CIVIL ACTION
COLLIER COUNTY, a political subdivision
of the State of Florida,
Petitioner, Case No.: 11-3207-CA
vs. Parcel No.: 206DAME
JOHN D. LAWRENCE, ET AL.,
Respondents.
OFFER OF JUDGMENT
TO: Myrtle Chase,LLC, a Florida Limited Liability Company
c/o Lanemark Investments,Inc.,a dissolved Illinois corporation, Registered
Agent
537 11th Avenue South
Naples, Florida 34102
Petitioner, COLLIER COUNTY, FLORIDA pursuant to 73.032, Florida Statutes, and
Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment for Lely Area Stormwater
Project, Outfalls 3 and 4, Project Number 51101, to Respondent, MYRTLE CHASE, LLC, a
Florida Limited Liability Company ("Respondents"), in settlement of all claims concerning
Parcel 206DAME, for all compensation, including severance damages, business damages, costs
to cure, together with the value of the taking, statutory interest and all other claims of
Respondent arising out of the taking of Parcel 206DAME for the sum of$9,960, which includes
the amount of$8,300 deposited pursuant to the Order of Taking dated March 6, 2012. This Offer
of Judgment is subject to apportionment, if any.
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10/23/2012 Item 16.K.5.
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.
The construction plans and specification for this 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 request.
This Offer of Judgment was approved by the Board of County Commissioners the
day of , 2012.
Dated this day of ,2012.
OFFICE FO THE COUNTY ATTORNEY
Harmon Turner Building
Amok
3299 East Tamiami Trail, Suite
Naples, Florida 34112
(239)252-8400 Telephone
(239)252-6300 Fax
BY:
EMILY R. PEPIN, ESQUIRE
ASSISTANT COUNTY ATTORNEY
Florida Bar No. 92956
ATTORNEY FOR PETITIONER
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10/23/2012 Item 16.K.5.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
by U.S. Mail to the parties listed below.
EMILY R. PEPIN
PARCEL 206DAME
Myrtle Chase,LLC,a Florida Limited Liability Naples Loan Acquisition,LLC
Company c/o Claude A. Smith,Jr.,Registered Agent
c/o Lanemark Investments,Inc.,a dissolved Illinois 568 9th Street,Suite 250
Corporation Naples,Florida 34102
Its Registered Agent
537 11th Avenue South MB Financial Bank,N.A.
Naples,Florida 34102 6111 N.River Road
Rosemont,Illinois 60018
Fifth Third Bank,a Foreign Profit Corporation
do Corporation Service Company
1201 Hayes Street
Tallahassee,Florida 32310
11-3207-CA/125
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