Agenda 06/10/2008 Item #16K 5
Agenda Item No. 16K5
June 10. 2008
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to authorize an Offer of Judgment for Parcel 214 by Collier County to
property owner, Rodolfo Mayor in the lawsuit styled CC v. Jose Munoz, et aL, Case No. 07-
2823-CA (Oil Well Road Project No. 60044)(Fiscal Impact: If accepted, $32,200).
OBJECTIVE: That the Board of County Commissioners authorize and approve a
proposed Offer of Judgment for Parcel 2]4 by Collier County to property owner, Rodolfo
Mayor, in the lawsuit styled CC v. Jose Munoz, et al., Case No. 07-2823-CA.
CONSIDERATIONS: On June 29, 2007, Collier County offered Respondent the sum of
$51,300 to acquire fee simple interest in Parcel 214. Due to declining property values, Collier
County deposited $18,000 on January ]5,2008, for the taking of Parcel 2]4, for purposes of
acquiring right-of-way along Oil Well Road. The County Attorney's Office would like to make
an Offer of Judgment in the amount of $32,200 for Parcel 214, which will expire in 30 days
unless extended by the County or accepted. If the owner fails to recover an amount equal to or
greater than these sums at trial, he will be responsible for his costs after the offer expires. This
will require that the owner carefully assess his case. Attached is the proposed Offer of Judgment
by County to the owner.
If approved, and accepted by the owner, the County will pay the following costs:
Additiona] Compensation:
Attorneys Fees:
TOTAL
$32.200
$ 00
$32,200
FISCAL IMPACT: Funds in the amount of$32,200 are availab]e in the FY08 adopted budget.
Source of funds are Impact Fees and/or Gas Taxes.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDA TION: That the Board of County Commissioners:
I. Approve the making of the attached Offer of Judgment for Parcel 214 to Rodolfo
Mayor, and authorize the payment of funds, if offer is accepted.
PREPARED BY: Ellen T. Chadwell, Assistant County Attorney
CP:07-2823-CA:1985
-
Page I of2
Agenda item No. 16K5
June 10.2008
Page 2 of5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16K5
Item Summary:
Recommendation to authorize an Offer of Judgment for Parcel214 by Collier County to
property owner, Rodolfo Mayor In the lawsuit styled CC v Jose Munoz, et al.. Case No 07-
2823~CA (Oil Well Road Project No 60044)(Fiscallmpact: If accepted, $32.200).
6/10/2008 900.00 AM
Meeting Date:
Prepared By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
5/28/2008 9:32;00 AM
Approved By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
51281200811 :02 AM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
5/26/20085:17 PM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
5129120088:58 AM
Approved By
Jeff KlatzKow
Assistant County Attorney
Date
County Attorney
County Attorney Office
5129120089,36 AM
A pp roved By
Kevin Hendricl:s
Right Of Way Acquisition t-Jianager
Date
Transportation Services
TEeM-ROW
5129120082:41 PM
Approved By
Usa Taylor
Management/Budget Analyst
Date
Transportation Services
Transportation Administration
5129120063:09 PM
Approved By
OMB Coordinator
OMS Coordinztor
Date
County Manager's Office
Office of Management & Budget
5!30f2D08 9:45 AM
Approved By
Susan Usher
Senior ManagemenUBudget Analyst
Date
County Manager's Office
Office of Management & Budget
612120086:53 PM
iile://C:\AgendaTest\ExDort\ 1 09-June%20 10,%202008\ 16,%20CONSENT%20AGENDA \16", 6/4/2008
Page 2 01'2
{:"gf;i]::.:a Ilsm t\jo. 'i 6f<5
JJ:i8 10. 20C'8
Paj8 3 of 5
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
6/3/20085:27 PM
.f:l"".//r.\ ^ ""'....rJ,-,TC>d\ J:'v..........t\ 1 no 1,'r\L-"O/~ ')() 1 () o,~"n,()()Q\ 1 h. o/~,()r'n1\.lCJ..:'1\.tTO/~ ')n ^ r:.J:'1\.ln ^ \ 1 h.
t:./,1!'l()(\Q
Agenda item No. 16K5
June 10, 2008
Page 4 of 5
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. 06-0548-CA
v.
JOSE MUNOZ et al.,
Parcel(s): 214
Respondents.
/
OFFER OF JUDGMENT
TO: Rodolfo Mayor
c/o Bella Y. Patel, Esq.
Law Office of Bella Y. Patel, P.A.
13026 Waterford Run Drive
Riverview, Florida 33569
Petitioner, COLLIER COUNTY, FLORlDA, 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 the Respondent, RODOLFO MAYOR ("Respondent"), 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 arising out of the taking of Parcel 214 in
the total amount of Thirty-Two Thousand Two Hundred and No/lOO Dollars ($32,200.00),
which includes the amount of $18,000 deposited pursuant to the Order of Taking dated January
4, 2008.
There are no non-monetary terms or other relevant conditions to this offer, except that
this offer is exclusive of attorney's fees and costs.
1
!Ism Ho. 1 '3~<5
~j ~1ne 10, 2\);)8
P3;JC 5 of 5
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.
Dated this _ day of June, 2008.
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 252-8400 - Telephone
(239) 252-6300 - Facsimile
BY:
ELLEN T. CHADWELL, ESQUIRE
Florida Bar No. 0983860
ATTORNEY FOR PETITIONER
07-2823-CAlI9H6
2