Agenda 03/22/2011 Item #16K4
3/22/2011 Item 16.K.4.
Executive Summary
Recommendation to Authorize the Making of an Offer of Judgment to Respondent, Colombo
Enterprises of Naples, Inc., for Parcels 131A, 131 Band 133 in the Amount of $378,000.00 in
the Lawsuits Styled Collier COUllty v. First Natiollal Balik of Naples, et al., Case No. 04-3587-
CA, and Collier County v. Stonebridge Country Club Community Association, Inc., et aI.,
Case No. 04-3588-CA, which have been consolidated into one lawsuit, in the Immokalee Road
Project #66042 (Fiscal Impact: $199,800 if offer is accepted).
OBJECTIVE: Approve and authorize the making of an Offer of Judgment pursuant to Section
73.032, Fla. Stat., to Respondent, Colombo Enlerprises of Naples, Inc., in the amount of
$378,000.00 as full compensation, excepting attorney's fees and costs, for the acquisition arising
out of the condemnation of Parcels 131A, 131 Band 133 in Collier County v. First National Bank of
Naples, et al., Case No. 04-3587-CA and Collier County v. Stonebridge Country Club Community
Association, Inc., et aI., Case No. 04-3588-CA. These two cases have been consolidated into one
case (Tmmokalee Road Project #66042) as the parcels have a common owner and issues.
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CONSIDERATIONS: Collier County deposited $178,200.00 into the Court Registry and acquired
title to Parcels 131A, 131 Band 133 in accordance with the Orders of Taking entered on December
9, 2004 and December 17, 2004 respectively. The issue in this case is the value of land taken
coupled with an alleged conlractual interest in a median opening based on the prior Immoka1ee
Road project widening. The property owner is demanding $6,187,400 in damages. The County
Attorney's Office would like to make an Offer of Judgment in the amount of $378,000.00 as full
compensation for the property taken, excluding attorney's fees, expert fees and costs, which will
expire in 30 days lmless extended by the County or accepted. If lhe property owner accepts the
offer, the County will be required to pay an additional $ 199,800 which will be paid to the property
owner by Stipulated Final Judgment of the court. If lhe property owner rejects the offer and fails to
recover more than $378,000 for Parcels 131A, 131B and 133, either through settlement or jury
verdict, the County will not be required to pay any costs incurred by Respondent after the date of
the offer's rejection. This would include any expert witness fees, such as appraisal fees. The Offer
of Judgment is attached as Exhibit A.
FISCAL IMPACT: Funds in the mnount of $199,800.00 are available from lhe Transportation
Road Supported Gas Taxes. Source of funds are Gas Taxes.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This Executive Summary was drafted by the County Attorney's
Office and is legally sufficient for Board action. A majority vole is required. (STW)
RECOMMENDATION: That the Board of County Commissioners:
I. Approve and authorize service of the Offer of Judgment;
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2. Approve entry of a Stipulated Final Judgment and expenditure of the funds, should lhe offer
be accepted.
PREPARED BY: Steven T. Williams, Assistant County Attorney
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3/22/2011 Item 16.K.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4.
Item Summary: Recommendation to Authorize the Making of an Offer of Judgment to
Respondent, Colombo Enterprises of Naples, Inc., for Parcels 131A, BiB and 133 in the
Amount of $378,000.00 in the Lawsuits Styled Collier County v. First National Bank of Naples, et
aI., Case No. 04-3587-CA, and Collier County v. Stonebridge Country Club Community
Association, Inc., et aI., Case No. 04-3588-CA, which have been consolidated into one lawsuit, in
the Immokalee Road Project #66042 (Fiscal Impact: $199,800 if offer is accepted).
Meeting Date: 3/22/2011
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
3/1 0/20 11 4:38:27 PM
Approved By
Name: HendricksKevin
Title: Manager - Right of Way, Transportation Engineering
Date: 3/] 0/201] 4:55:05 PM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 3/1 0/20] 1 5: 11: I 6 PM
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Adminislr
Dale: 3/1 ]/2011 7:58:48 AM
Name: WilliamsSteven
Title: Assistant County Attorney,County Attorney
Date: 3/1 ]/201 18:17:52 AM
Name: FederNorm
Title: Administrator - Growth Management Div,Transp0l1ati
Date: 3/1 1/2011 3:47:56 PM
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3/22/2011 Item 16.K.4.
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/14/2011 9:3] :55 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 3/14/2011 4:34:49 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 3/14/20114:51:33 PM
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3/22/2011 Item 16.K.4.
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,
Case No.: 04-3587-CA
04-3588-CA
vs.
Parcel Nos.: 13IA, 131B, 133
FIRST NATIONAL BANK OF NAPLES,
et a!.,
Respondents.
EXHIBIT
AND
I --B-
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of
Florida,
Petitioner,
vs.
STONEBRIDGE COUNTRY CLUB
COMMUNITY ASSOCIATION, INC., et a!.,
Respondents.
/
OFFER OF JUDGMENT
TO: John G. Vega, Esquire
JOHN G. VEGA, P.A.
20 I 8th Street South, Suite 207
Naples, Florida 34102
H. Adams, Weaver, Esquire
JONES FOSTER JOHNSON & STUBBS, PA
505 South Flagler Drive, Suite 1100
West Palm Beach, Florida 33401
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 this action to
Respondent, COLOMBO ENTERPRISES OF NAPLES, INC., for all compensation, including
severance damages, business damages, statutory interest, costs to cure, together with the value of
the taking, and any other claims of Respondent arising out of the taking of Parcels 131A, BIB, and
133, in the total amount of Three Hundred Seventy-Eight Thousand Dollars and No/tOO
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3/22/2011 Item 16.K.4.
($378,000.00), which includes the amount of $178,200.00 which was deposited pursuant to the
Orders of Taking dated December 9, 2004 and December 17, 2004 respectively. This Offer of
Judgment is subject to apportionment, if any.
There are no non-monetary terms or other relevant conditions to this offer except that this
offer does not include attorney fees and costs.
The construction plans and specifications for the project on which the offer is based have
been previously and continue to be made available for the Respondent's review upon reasonable
notice of such a request.
Dated this
day of March, 2011.
OFFICE OF THE COUNTY ATTORNEY
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
(239) 252-8400 - Telephone
(239) 252-6300 - Facsimile
BY:
STEVEN T. WILLIAMS, ESQUIRE s1'~ II
Florida BarNo. 740101 J
ATTORNEY FOR PETITIONER
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to the
persons nanled above on this _ day of March, 2011 via regular United States Mail.
STEVEN T. WILLIAMS, ESQUIRE
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