Agenda 01/26/2010 Item #16K2Agenda Item No. 16K2
January 26, 2010
Page 1 of 6
EXECUTIVE SUMMARY
Authorize an Offer of Judgment to Respondent, City Gate Commerce Park Master
Property Owner's Association, for Parcel No. 115DE in the amount of $9,600 in the lawsuit
styled Collier County v. A L Subs, Inc., et al., Case No. 09 -3691 (Collier Boulevard Project
No. 60092) (Fiscal Impact $1,600).
OBJECTIVE: To authorize an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to
property owner, City Gate Commerce Park Master Property Owner's Association, in the amount
of $9,600, as full compensation, excepting attorney's fees and costs, for condemnation of Parcel
No. 115DE in Collier County v. A L Subs, Inc., et al., Case No. 09- 3691 -CA, Collier Boulevard
Project No. 60092.
CONSIDERATIONS: Collier County has condemned a .0193 acre parcel for a drainage
easement (Parcel 115DE) from the property owner, City Gate Commerce Park Master Property
Owner's Association. The County's initial appraisal dated May 2, 2008, valued the taking at
$8,800. The County offered the owner $8,800 as the County's statutory offer on July 3, 2008.
The offer was not accepted. A second appraisal dated May 10, 2009, reflects a reduction in
value of Parcel 115DE to $8,000. An Order of Taking hearing was held on September 17, 2009,
and the County deposited the sum of $8,000 in the Court Registry.
The County Attorney's Office and staff would like to make an Offer of Judgment in the amount
of $9,600 as full compensation for Parcel 115DE, excluding 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 $1,600, 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 $9,600 for Parcel 115DE, 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's fees and expert fees
and costs, if the property owner accepts the offer, the attorney is entitled to a fee based on benefit
achieved pursuant to Section 73.092, Fla. Stat., as well as any expert fees incurred.
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.
FISCAL IMPACT: Funds in the amount of $1,600 are available in Gas Taxes and/or Impact
Fees.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. RNz
GROWTH MANAGEMENT IMPACT: None.
Agenda Item No. 16K2
January 26, 2010
Page 2 of 6
RECOMMENDATION: That the Board of County Commissioners authorize the terms of the
Offer of Judgment and authorize its service on the property owner and the expenditure of funds
as stated, if the offer is accepted.
Prepared by: Robert N. Zachary, Assistant County Attorney
CP:09- 3691- CA;3522
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Agenda Item No. 16K2
January 26, 2010
Page 3 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16K2
Item Summary: Recommendation to authorize an Offer of Judgment to Respondent, City Gate Commerce
Park Master Property Owners Association, for Parcel No. 115DE in the amount of $9,600 in
the lawsuit styled Collier County v. A L Subs, Inc., et al., Case No. 09 -3691 (Collier
Boulevard Project No. 60001) (Fiscal Impact $1,600).
Meeting Date: 1/26/2010 9:00:00 AM
Prepared By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney
111212010 9:28:10 AM
Approved By
Najeh Ahmed
Director- Transportation Engineering
Date
Transportation Engineering &
Transportation Division
Construction Management
111212010 9:46 AM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney
111212010 10:37 AM
Approved By
Heidi F. Ashton
Section Chief /Land Use - Transportation
Date
County Attorney
County Attorney
111212010 11:44 AM
Approved By
Norm E. Feder, AICP
Administrator - Transportation
Date
Transportation Division
Transportation Administration
1/12/20101:47 PM
Approved By
Kevin Hendricks
Manager- Right of Way
Date
Transportation Engineering &
Transportation Division
Construction Management
111212010 2:01 PM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Division
Transportation Administration
1/14/2010 4:38 PM
Approved By
Therese Stanley
Manager - Operations Support -Trans
Date
Transportation Division
Transportation Administration
1/14/2010 5:01 PM
Approved By
Jeff Klatzkow
County Attorney
Date
Approved By
OMB Coordinator
Agenda Item No. 16K2
January 26, 2010
Page 4 of 6
111 51201 0 1:22 PM
Date
County Manager's Office Office of Management & Budget 1/19/2010 11:18 AM
Approved By
Mark Isackson Management/Budget Analyst, Senior Date
Office of Management &
Budget Office of Management & Budget 1119/2010 11:41 AM
Agenda Item No. 16K2
January 26, 2010
Page 5 of 6
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,
VS.
A L SUBS, INC., et al
Petitioner, . Case No.: 09- 3691 -CA
Parcel: 115DE
Respondents.
OFFER OF JUDGMENT
TO: City Gate Commerce Park Master Property Owner's Association
c/o Roger B. Rice Esq (Registered Agent)
9010 Strada Stell Ct
Suite 207
Naples F134109
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 60001 to the Respondent, City Gate Commerce Park Master
Property Owner's Association C' Respondent'), in settlement of all Claims concerning Parcel
Number 115DE, 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(s) arising out of the taking of Parcel 115DE for the sum of $9,600.00, which
includes the amount of $8,000.00 deposited pursuant to the Order of Taking dated September 17,
2009. 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 include interest from the date of the Order of Taking but does not include attorney's
fees and costs.
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Agenda Item No. 16K2
January 26, 2010
Page 6 of 6
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 January , 2010.
Dated this _ day of January 2010.
CP:09- 3691- CA;3521
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OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 252 -8400 — Telephone
(239) 252 -6300 — Facsimile
BY:
ROBERT N. ZACHARY
ASSISTANT COUNTY ATTORNEY
Florida Bar No. 816604
ATTORNEY FOR PETITIONER