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Agenda 09/09-10/2008 Item #16K 5 N~~NDA ITEM - EXECUTIVE SUMMARY SEP 0 S 20flR .~& !;'-E.~ Recommendation to approve an Offer of Judgment and Stipulated Final Judgment in the total amount of $32,420.50 for Parcel 150 in the lawsuit styled Collier County v. T.E.C.H. Foundation, Inc., Case No. 03-2499-CA (Golden Gate Parkway Road Project #60027). (Fiscal Impact $8,820.50) OBJECTIVE:Recommendation to approve an Offer of Judgment and Stipulated Final Judgment in the total amount of $32,420.50 for Parcel 150 In the lawsuit styled Collier County v. T. E.C.H. Foundation, Inc., Case No. 03.2499.CA (Golden Gate Parkway Road Project #60027). (Fiscal Impact $8,820.50) CONSIDERATIONS: On September 12, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of a Perpetual, Non-Exclusive Road Right.of.Way Drainage & Utility Easement designated as Parcel No. 150 for the Golden Gate Parkway Project (Project No. 60027). The County offered the owner $23,600.00 as the County’s statutory offer on September 12, 2003 and the County deposited the sum of $23,600.00 in the Court Registry. Respondent, in its Offer of Judgment, proposes a total of $28,200.00 as compensation for the property, and $4,220.50 for attorney’s fees, expert fees and costs. See attached Respondent’s Offer of Judgment and proposed Stipulated Final Judgment. If approved, the County will be responsible for the following costs: Additional Compensation $4,600.00 Attorney’s Fees' $1,518.00 Costs: $2. 702.50 TOTAL: $8,820.50'Attorney’s Fees are mandated by Section 73.092, Fla. Stat., and are based on 33% of the difference between any settlement amount and the initial offer, I.e., 0.33 x $4,600.00 ($28,200.00 - $23,600.00). FISCAL IMPACT:Funds in the amount of $8,820.50 are available in Gas Taxes and Impact Fees. Source of funds are Impact Fees and/or Gas Taxes. GROWTH MANAGEMENT IMPACT:None. LEGAL CONSIDERA TIONS:This item is legally sufficient for Board action per William E. Mountford. RECOMMENDA TION:That the Board of County Commissioners:1. Accept the Offer of Judgment; and 2. Approve entry of a Stipulated Final Judgrnent and expenditure of the funds, should the offer be accepted. Prepared By: Department County Attorney Date 8/28/20088:37:12 AM - Approved By: 'lf~5 Department Approval 8/29/2008 11 :39 A N~~:~~. I I, F9...=c,-l c' ~K I -,-,-.~- _. .'.::_=~--::~ Date County Attorney Approved Approved By: Department Approval Transportation Approved Date 8/29/20088:14 AM Approved By: Department Approval Date Trans. Eng. And Approved Const. Mgmt. 8/29/20088:14 AM Approved By: Department Approval Date County Approved Manager's Office 8/30/2008 12:43 PM Approved By: Department Office of Management and Budget Approval Date Approved 8/28/2008 7:57 PM ATTACHMENTS: Name: [) Offer of JlJdg~.15Q; CC v. Tech FOlJndation.ndf [) Silo Final Judom - P150 - CC v. T~ch FQUndilliMJ).df Description: Type: Offer of Judgment Agreement Stipulated Final Judgment Agreement NAGENDA ITEM o. -"''''~'n~=< ~ SE-r,; ') ')nll'~1 -- , _'1'" PII ~ off" 10~5 . IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUJT IN AND FOR COLLIER COUNTY, FLORIDA \\ CIVIL ACTION VS. Case No.: 03-2499-CA.LM Parcel No.: 150 COLLTER COUNTY, FLORIDA, Pctitioncr, T.E.C.H. FOUNDATiON, INC., ct aI., Respondents. I RESPONDENT'S OFFER OF JUDGMENT Respondents, Respondents. T.E.C.H. FOUNDATION, INC.. by and through their undersigned counsel and pursuant to Section 73.032, Florida Statutes, and the procedure sct forth in Fla.R.Civ.P. 1.442, hereby make the following Offer of Judgment to Petitioner, COLLIER CmJN1Y, in the amount of $28,200.00, to settle all pending claims with that party. excluding all attorney's fees, expert witness fees and costs. CERTIFICATE OF SERVICE I HERES Y CERTIFY that a true and correct copy ofthe above and foregoing was furnished by U.S. Mail to William E. Mountford. Esq., Harmon Turner Building, 3301 E, Tamiami Trail, Naples, FL 34112 on this n dayofJuly, 2008. ROETZEL & ANDRESS A Legal Professional Association 2320 First Street, Suite 1000 Fort Myers, FL 33901 Telephone: 39) 337.3850 Facsimile: 39) 337-0970 By: 273g~O K neth A. Jones FI rida Bar No. 0200158 AGENDA ITEM NOSEF II Fir!; It G?' ~5 IN THE CIRCUIT COURT OF THE TWENTIETH JUDI(:!I.Ki. ClR~U~~ ~b FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Petitioner, v. Case No. 03-2499-CA TECH FOUNDATION, INC., et aI., Parcel No. 150 Respondent. / STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLLlER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondents, TECH FOUNDATION, INC. and STEP BY STEP EARLY CHILDHOOD EDUCATION AND THERAPY CENTER, INC., et aI., by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel 150, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondents, TECH FOUND A nON, INC. and STEP BY STEP EARLY CHILDHOOD EDUCATION AND THERAPY CENTER, INC., and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADmDGED that Respondents, TECH FOUNDATION, INC. and STEP BY STEP EARLY CHILDHOOD EDUCATION AND THERAPY CENTER, INC., have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Twenty-Eight Thousand Two Hundred and Noll 00 Dollars ($28,200.00) for Parcel 150, as full payment for the property interest taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel; it is further AGENDA ITEM No._.__~.........~,_ i Pg ORDERED AND ADJUDGED that PetitiOli.et, SEP" li!i!i 'of'S lw(.S Y, FLORIDA, is entitled to a credit for the good faith estimate of value previously deposited in the amount of $23,600.00; it is further ORDERED AND ADJUDGED that Respondent, TECH FOUNDATION, INC, shall receive from Petitioner an additional sum of Four Thousand Two Hundred and Noll 00 Dollars ($4,200.00); it is further ORDERED AND ADJUDGED that Respondent, STEP BY STEP EARLY CHILDHOOD EDUCATION AND THERAPY CENTER, INC., shall receive from Petitioner a sum of Four Hundred and Noll 00 Dollars ($400.00); it is further ORDERED AND ADJUDGED that Petitioner shall pay, within thirty (30) days of receipt of this Stipulated Final Judgment, the total sum of Four Thousand Six Hundred and Noll 00 Dollars ($4.600.00), payable to the Roetzel & Andress Trust Account, c/o Kenneth A. Jones. Esquire, 2320 First Street, Suite 1000, Fort Myers 33901-3419 for the benefit of Respondents, TECH FOUNDATION, INC. and STEP BY STEP EARLY CHILDHOOD EDUCATION AND THERAPY CENTER, INC.; it is further ORDERED AND ADJUDGED that Respondents shall receive, pursuant to Section 73.092(1), Florida Statutes, as a reasonable attorney's fee, the sum of One Thousand Five Hundred Eighteen and No/100 Dollars ($1,518.00), and that no other attorney's fees and costs shall be awarded in this cause; it is further ORDERED AND ADJUDGED that Respondents shall receive, as a reasonable expert fees and costs, the sum of Two Thousand Seven Hundred Two and 50/100 Dollars ($2,702.50), and that no other expert fees and costs shall be awarded in this cause; it is further ORDERED AND ADJUDGED that Petitioner shall pay, within thirty (30) days of receipt of this Stipulated Final Judgment, the total sum of Four Thousand Two Hundred Twenty and 50/1 00 Dollars ($4,220.50) for all attorney's fees, expert fees and costs, payabie to the Roetzel & 2 \ Andress Trust Account, c/o Kenneth A. Jones, Esquire, Roetzel and Andress, 2320 Firs I, Stre~tp _~~\.lin[lfl 1"9 D Suite 1000, Fort Myers, Florida 33901-3419; it is further -_.."-, -~' ORDERED AND ADJUDGED that the road right-of-way drainage and utility easement interest in Parcel 150, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated September 12, 2003, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED AND ADJUDGED the above represents a final disposition of all claims asserted herein, and which have arisen or relate to the taking of Parcel 150 in any way; it is further ORDERED AND ADJUDGED that Respondent, Fifth-Third Bank has not appeared on this matter and a default has been entered against Fifth-Third Bank. ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3318, Page 2178 of the Public Records of Collier County, Florida is dismissed as to Parcel 150; it is further ORDERED AND ADJUDGED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this _ day of September, 2008. HONORABLE HUGH D. HAYES CIRCUIT COURT JUDGE conformed copies to: Willianl Mountford, Esquire Kenneth A. Jones, Esq. Kevin Hendricks, TECM 3 - N~~ENDA ITEM JOINT MOTION FOR STIPULATED FINAL JUDGMENT S~ 0 s 2DM .1 PlI '7 o-f t{ ......... ::;.:-:- -'. Petitioner. COLLIER COIINTY, FLORmA, togethcr with Respondents, TECH .. ~-=-""--:_i lCo FOLlNDA TION. INC. and STEP BY STEP EARLY CH I LDHOOD EDUCA nON AND fHERAPY ('ENTER, INC'.. hereby respectfully move for entry of the foregoing St/'pulated Final .Il1ligmel1l as to Parcel \ SU. [)ated: Dated: "':;:---- ttlF1t1 K' N TH . JONES, RoetL & Andress Flori, Bar 1'40_1011158 2,20 irst Street. Suitc 1000 Fort Myers. Florida 33901-3419 (139) 338-4206 - Telephone (139) 337.()970 -- Facsimile Allorney for Respondent TECH FOUNDATION, INC. and STEP BY STEP EARLY CHILDHOOD EDUCATION AND THERAPY CENTER, INC. WILLIAM E. MOUNTFORD Assistant County Attorney Florida Bar No. 393071 3301 Tamiami Trail, East Hannon Turner Building, 8th Floor Naples, FL 34112 (239) 252.8400 -- Telephone (239) 252-6300 -- Facsimile Attorney for Petitioner COLLIER COUNTY, FLORIDA CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail 10 Kenneth A. Jones, Esquire, Roetzel and Andress, 2320 First Street, Suite 1000, Fort Mycrs. Florida 33901-3419 on this ___ day of September, 2008, WILLIAM E. MOUNTFORD Assistant County Attorney lI.l.o15:l<l)! 4 PARCEL NO. J'SO . PERPETUAL. NON-EXClUSIVE ROAD RIGHHlF.W<,Y, DRAINAGE AND UTILI1Y EASI!NEIlT EXHIBIT \b . \GK- S- "1," '..', ------..- . - - - tllXl1lrr~1 r A. -- -- - - - -- - ---" - AGENDA ITEr No. I , ~ 8lJl....IiE IJF ivl/.'/tl .,~ tCl1Il.l.lCNct...on' )Il t:OI1NU \1I1\CT70 .' "'E.'."' '.'il'.'; _ y-, l ".f-:t ....!. Pll~,-,,,,,,-="_"'c-7'-"'- 1'0.. ----r:'H GAT!: PARKWA: 'leR "') llllollli,\Y il.lNllll". PUI ...,.. UB' . PI\OPO:UliJJillr.-W:J 18"tn"l!H'& . \, PERPEr J~L, NON-f,C1.USIV'\: ROAD R1Q\il:.-OF-WA: 1-..9R,l,INAbE\ AND jnL.IlY EA.: u..ENi ARCEL. 150 t,'U",.II. 1RAG1 78 GOLDEN CkTE EST,l,1ES UNI1' 30 PI.J,T 8001\ '1 l"~ll[ DB I. II I, \i ~ \ l 1 TRo\CT B\ I ,r" .~ n ltfr~\;l T~-'CT 85 t111DClt DlI.2,n/uQ1 ncn FOUNPJlllOlt. we. DlII1"Jum 3JO(JU1) -.....J r/ / /';\" r~~~~~~ ~n~l:Ilt=ltQ 10 ----- ,...., 1lI1lll', ,...It" ~.'AIlI'll\U~lIDIn..oF-\tQ' Lt:GAI.. Dl:SCitIPTlClN tOR PAACEL 150 1\ PORTION OF TIW':T n GOLn(K GAll: ES1;/o,TES, UHll 30 AS REcaROEO IH PlAT BOOI< 1, PAGt !)Il of' 'THE: pU6UC RECORDS OF COLLIER 'cOUNTY, FLOAIOA SITUATE IN SECTION 2a, 1OWNSl'iIP 49 SOUTH, AANGE 28 EAST, COLUER COUt/W, FLOR~DA BElKG MORE PARlICULAIILY DESCRIBED AS fDU.OWS, COMMENCE AT 1HE NORTHEAST CDRNffi OF SAl01R.ACT 79; 1}lENCE S,00'27'49"E.. ALONG THE EAST UNE OF' S-'JD TRACT 76, /it O1~T~CE Of' 5D.no FEET, TO A POINT ON THE SOUTl-I tiNE Of A ROAD\\IAY u.SEMri'a (\00' WIDE) AS PER SAID PLAT AND SElNG THE P01HT OF' BEGINNING. THENCE CONTINUE 5,00'27'411"(., ALONG THE S'JO EAS1 lINE., ,., OISTf,NCE Of 11.00 fEEl; THENCE tEAVlND THE SAID EAST UNE. S.H9!J\'J7"W" ""l>I5T~CE Of HlUl1l ftET, TO THE WEST LlN~ or WID DESCRIBED IN. OfFICIAl. RtCORDS aOOM 1272, p"c;c D45 Of THE P1I9UC RECORDS OF COLLIER' COUNTY, fLORIDA, THENCE N..DO'27'4!"W., AlONG n.IE s~D WES'T UN!:., It. DISTANCE OF 41.00 FEEi, TO.^ POINT', ON THf: $"10 soum llf.l~ . THENCE N.II'1r31'J7~t., ALO~O THE S~O SaUTtl UNE, A DISTANCE OF 149.98 fEEl, 10 lHt POINT OF BEGINNING. CONTAINING 8,150 SCUARE FEET, !.tORE OR li.SS. .IM.. .<Ill .....D ON JlalI,lH -..,1M IIotI\lll ~J:J..::t~l~ =~ ~fl~ lilli, 'SKETCH .. B[SCRIPTlON ONLY NOT It. 1I0UNPARY SURVt'( o ~D Ie L___-- ,,;f/~(~_.:e- tllOa .. c.UiCll.?, PlI1m5l1tl*l. 'Mi~ .. WAPrll ru.....lIJllIII... _~lJlIll.l ......1>4111 _~",,-b ~ ~Dlli.olllt wm,gllllln _ _,.- .. ....n u........ 11.... D' ~ 1L._"'l_l~tg '1IIlU_ ~Tl\Il..... 1I"""~lI. ,.. , aG.\(.l;:j'.bll' f'Otl; COLU(R CQUNW lllWERloIlAEtlt aOAAll O~ l'iOUNl'( CO~lJISS;IO"IER5 aOLllSN lUTE "Alt'lO'l4.Y UII"RQYEN1:N'l"S !IIUtTClI k DIl.8CRIPTION 01': PEllPZTUAI.., P40N-ZXCJ.U5IVlt ROAD R1GiI'r-OF-'W,"'Y, DRA.1NA.CU A.ND V'rIUn I:AEi:t1.lEN:f. l'A.RCIliL ifID CO\.UER COUNTY, I"UlRlD4 JOn UUI.lBEA REVISION S[(.TIal>! 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