Agenda 09/29/2009 Item #16K 5
Agenda Item No. 16K5
September 29,2009
Page 1 of 6
EXECUTIVE SUMMARY
Authorize the making of an Offer of Judgment to Respondent, Myrtle Preserve, LLC, for
Parcel No. 809 in the amount of $24,000 in the lawsuit styled Collier County v. Myrtle
Preserve, LLC, et al., Case No. 07-463-CA (Lely Area Stormwater Improvement Project No.
51101) (Fiscal Impact $4,400).
OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to
Section 73.032, Fla. Stat., to property owner, Myrtle Preserve, LLC, in the amount of $24,000,
as full compensation, excepting attorney's fees and costs, for the fee simple acquisition arising out
of the condemnation of Parcel No. 809 in Collier County v. Myrtle Preserve, LLC, et at., Case
No. 07 -463-CA, Lely Area Stormwater Improvement Project 51101.
CONSIDERATIONS: Collier County has condemned a .41 acre parcel for stormwater
improvement (Parcel 809) from property owner Myrtle Preserve, LLC. The County's initial
appraisal dated August 25, 2006, valued the taking at $19,300. The County offered the owner
$22,500 as the County's statutory offer on November 9, 2006, which includes the appraisal
amount plus an incentive to settle. The offer was not accepted. A second appraisal dated June
29, 2007, valued Parcel 809 at $19,600. An Order of Taking hearing was held on August 3,
2007, and the County deposited the sum of$19,600 in the Court Registry.
The County Attorney's Office and staff would like to make an Offer ofJudgment in the amount of
$24,000 as full compensation for Parcel 809, 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 $4,400, 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 $24,000 for Parcel 809, 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, if the property owner accepts the offer, the
attorney's fee based on benefit achieved pursuant to Section 73.092, Fla. Stat., is $495.
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 IMP ACT: Funds in the amount of $4,400 from the Lely Area Stormwater
Improvement Project (Project No. 51101) to come from ad valorem taxes.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. RNZ
GROWTH MANAGEMENT IMPACT: None.
Agenda Item No. 16K5
September 29, 2009
Page 2 of 6
Executive Summary
Page Two
RECOMMENDA TION: That the Board of County Commissioners:
1. Approve the terms of the Offer of Judgment and authorize its service on the property
owner;
2. Approve the expenditure of funds as stated, if the offer is accepted.
-, Prepared by: Robert N. Zachary, Assistant County Attorney
07-0463;265
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Page 1 of2
Agenda Item No. 16K5
September 29, 2009
Page 3 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16K5
Item Summary: Authorize the making of an Offer of Judgment to Respondent, Myrtle Preserve, LLC. for
Parcel No. 809 in the amount of $24,000 in the lawsuit styled Collier County v. Myrtle
Preserve, LLC, et aI., Case No. 07-463-CA (Lely Area Stormwater Improvement Project No.
51101) (Fiscal Impact $4,400).
Meeting Date: 9/29/2009 9:00:00 AM
Prepared By
Robert N. Zachary Assistant County Attorney Date
County Attorney County Attorney Office 9/16/20093:22:05 PM
Approved By
Heidi F. Ashton Assistant County Attorney Date
County Attorney County Attorney Office 9/16/2009 4:43 PM
Approved By
Robert N. Zachary Assistant County Attorney Date
County Attorney County Attorney Office 9/17/20099:10 AM
Approved By
Caroline Soto Administrative Assistant Date
Transportation Services Transportation Engineering and
Construction 9/17/2009 1 :04 PM
Approved By
Gerald Kurtz Senior Engineer Date
Transportation Services Storm water Management 9/17/20091 :54 PM
Approved By
Najeh Ahmad Director Date
Transportation Services Transportation Engineering &
Construction Management 9/17/20093:45 PM
Approved By
Kevin Hendricks Right Of Way Acquisition Manager Date
Transportation Services TECM-ROW 9/17/20094:41 PM
Approved By
Jeff Klatzkow County Attorney Date
County Attorney County Attorney Office 9/18/2009 1 :39 PM
Approved By
OMS Coordinator OMS Coordinator Date
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Agenda Item No. 16K5
September 29,2009
Page 4 of 6
County Manager's Office Office of Management & Budget 9118/2009 3:47 PM
Approved By
John A. Yonkosky Director of the Office of Management Date
County Manager's Office Office of Management & Budget 9/18/20095:21 PM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
Board of County
Comm issioners County Manager's Office 9/19/20099:37 AM
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Agenda Item No. 16K5
September 29,2009
Page 5 of 6
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CML ACTION
COLLIER COUNTY, FLORIDA, a political
subdivision of the State of Florida,
Petitioner, Case No. 07-463-CA
v. Parcel No.: 809
MYRTLE PRESERVE, LLC, et aI.,
Respondents. --
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OFFER OF JUDGMENT
TO: Myrtle Preserve LLC
c/o Kenneth A. Jones, Esquire
Roetzel & Andress
2320 First Street, Suite 1000
Fort Myers, FL 33901
Petitioner, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues,
and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action for the
Lely Area Stormwater Improvement Project No. 51101 to the Respondent, MYRTLE
PRESERVE, LLC ("Respondent"), for all compensation, including severance damages, business
damages, costs to cure, together with the value of the taking, and any other claims of
Respondents arising out of the taking of Parcel 809, in the total amount of Twenty Four
Thousand and NollOO Dollars ($24,000.00), for Parcel 809, subject to apportionment if any,
which includes the amount of $19,600.00 which was deposited pursuant to the Order of Taking
dated August 3, 2007.
Agenda Item No. 16K5
September 29,2009
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 attorneys
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 Respondents' review upon reasonable notice
of such a request.
This Offer of Judgment was approved by the Board of County Commissioners on the
_ day of ,2009.
Dated this _ day of ,2009.
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 252-8400 - Telephone
(239) 252-6300 - Facsimile
BY:
R.~ ROBERT N. ZACHARY
ASSIST ANT COUNTY ATTORNEY
Florida Bar No. 816604
ATTORNEY FOR PETITIONER
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