Agenda 12/15/2009 Item #16K 1
Agenda Item No. 16K1
December 15, 2009
Page 1 of 6
EXECUTIVE SUMMARY
Authorize the making of an Offer of Judgment to Respondent, Platinum Coast Financial
Corp., for Parcel No. 825 in the amount of $79,250 ill the lawsuit styled Collier County v.
Myrtle Cove, Inc., et al., Case No. 07-5038 (Lely Area Stormwater Improvement Project No.
51101.1) (Fiscal Impact $21,350).
OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to
Section 73.032, Fla. Stat., to property owner, Platinum Coast Financial Corp., in the amount of
$79,250 as full compensation, excepting attorney's fees and costs, for condemnation of Parcel
No. 825 in Collier County v. Myrtle Cove. Inc.. et 111" Case No. 07-5038-CA, Lely Area
Stormwater Improvement Project No. 51101.1,
CONSIDERATIONS: Collier County has condemned a .69 acre parcel for a perpetual non-
exclusive access drainage and maintenance east,ment (Parcel 825) from the property owner,
Platinum Coast Financial Corp. The County's initial appraisal dated August 30, 2006, valued the
taking at $74,500. The County ofTered the owner $78,250 as the County's statutory offer on
November 27, 2006. The ofTer was not accepted. A second appraisal dated March 24, 2008,
reflects a reduction in value to $57,900 IllT the take. A Stipulated Order of Taking was entered
on April 7, 2008, and the County deposited the sum of$57,900 in the Court Registry,
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The County Attorney's Offiee and stafT would like to make an OfTer of Judgment in the amount
of $79,250 as full compensation for Parcel 825, excluding attorney's fees, expert fees and costs,
which will expire in 30 days unless extended by the County or accepted. Ifthe property owner
accepts the offer, the County will be required to pay an additional $21,350, 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 $79,250 lor Parcel 825, either through settlement or jury
verdict, the County will not be required to pay any costs ineurred 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 attomey's fees, if the property owner accepts, the attorney is
entitled to a fee based on benefit achieved pursuant to Section 73.092, Fla. Stat.
The County Attorney's Office has reviewed all considerations in making an Offer of Judgment
and has ealculated in good faith this offer of full compensation for the property interests taken.
This office considers the terms of the Offer ofJudgment to be reasonable.
FISCAL IMPACT: Funds in the amount of $21,350 from the Lely Area Storn1water
Improvement Project (Project No. 51101.1) to come li'om ad valorem taxes,
LEGAL CONSIDERATIONS: This item is legally sufficient lor Board action. RNZ
GROWTH MANAGEMENT IMPACT: None.
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Agenda Item No. 16K 1
December 15, 2009
Page 2 016
RECOMMENDA nON: That the Board of County Commissioners approve the tern1S 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:07-5038-CA;352
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Agenda Item No. 16K1
December 15, 2009
Page 3 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
16K1
Authorize the making of an Offer of Judgment to Respondent, Platinum Coast Financial
Corp., for Parcel No. 825 in the amount of $79,250 in the lawsuit styled Collier County v.
Myrtle Cove, Inc., et aI., Case No. 07-5038 (Lely Area Stormwater Improvement Project #
511011) (Fiscal Impact $21,350),
12/15/20099:00:00 AM
Item Number:
Item Summary:
Prepared By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney
11/23/200911:45:31 AM
Approved By
Caroline Soto
Management/Budget Analyst
Date
Transportation Division
Transportation Administration
11/23/20092:28 PM
Approved By
Heidi F. Ashton
Section Chief/Land Use~Transportatlon
Date
County Attorney
County Attorney
11/23/20094:14 PM
Approved By
Gerald Kurtz
Project Manager, Principal
Date
Transportation Division
Transportation Road Maintenance
11/23/20094:53 PM
Approved By
Kevin Hendricks
Manager - Right of Way
Transportation Engineering &
Construction Management
Date
Transportation Division
11/30/20093:14 PM
Approved By
Norm E. Feder, A1CP
Administrator. Transportation
Date
Transportation Division
Transportation Administration
12/1/2009 11 :13 AM
Approved By
Najeh Ahmad
Director. Transportation Engineering
Transportation Engineering &
Construction Management
Date
Transportation Division
12/1/20091 :30 PM
Approved By
Therese Stanley
Manager - Operations Support - Trans
Date
Transportation Division
Transportation Administration
12/1/20093:28 PM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
Agenda Item No. 16K 1
December 15, 2009
Page 4 of 6
County Attorney
County Attorney
12/2/2009 1 :54 PM
Approved By
Jeff Klatzkow
County Attorney
Date
12/2/2009 2:47 PM
Approved By
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
12/3/20092:53 PM
Approved By
Susan Usher
ManagemenUBudget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
12/4/20091 :29 PM
Approved By
Mark Isackson
Management/Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
12/4/20093:27 PM
Agenda Item No. 16K1
December 15, 2009
Page 5 of 6
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. 07-5038-CA
v.
MYRTLE COVE, INe" et aI.,
Parcel(s): 825
Respondents.
/
OFFER OF JUDGMENT
TO: Platinwn Coast Financial Corp
c/o Kenneth A. Jones, Esquire
Roetzel & Andress, LP A
2320 First St, Suite 1000
Fort Myers, FL 33901
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 Lely
Area Stormwater Improvement Project, Project Number 511011, to the Respondent,
PLATINUM COAST FINANCIAL CORP. ("Respondent"), in settlement of all Claims
concerning Parcel Nwnber 825, 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 825 for the sum of $79,250.00, which
includes the amount of $57,900.00 deposited pursuant to the Stipulated Order of Taking dated
April 7,2008. This amount is subject to apportionment, if any.
I
J
Agenda Item No. 16K1
December 15, 2009
Page 6 of 6
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 specifications for the project on which the offer is based have
been previously and continue to be available for the Respondent's rcview upon reasonable notice
of such a request.
This Offer of Judgment was approved by the Board of County Commissioners on the
_ day of
,2009.
Datcd this _ day of
,2009.
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 341 12
(239) 252-8400 - Telephone
(239) 252-6300 - Facsimile
~~:
ROBERT N. ZACHARY
ASSISTANT COUNTY ATTORNEY
Florida Bar No.8 I 6604
A TTORNEY FOR PETITIONER
CP:07-5038-CA:351
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