Agenda 04/08/2008 Item #16K 3
Agenda Item No. 16K3
April 8, 2008
Page 1 of 4
-~..~
EXECUTIVE SUMMARY
Recommendation to reject the Offer of Judgment to the County in the lawsuit styled CC v.
Juan Ramirez, et aI., Case No. 02-S166-CA (Immokalee Road Project No. 60018)
OBJECTIVE: That the Board of County Commissioners reject the Offer of Judgment
made by Respondents, Lewis R. King and Margaret Jean King, in the lawsuit styled CC v. Juan
Ramirez, et al., Case No. 02-5 1 66-CA
CONSIDERA TIONS: On May 29, 2003, Collier County acquired right of way from
owner/Respondents, Lewis R, and Margaret Jean King, designated as Parcel 164 by depositing
the sum of$15,100 into the Court's registry. This equates to $25,000 an acre for the land taken.
In September, 2004, the County made an Offer of Judgment to these Respondents to settle Parcel
164 for $18,120. This offer was rejected. Because of their rejection, the owners must now
recover a sum greater than the County's offer or pay for all costs they incur after October, 2004,
which are currently in excess of $6,000.
On February 13, 2008, Respondents, King, made a reverse Offer of Judgment to the County in
the amount of$33,884 for Parcel 164. See attached Offer of Judgment. This amounts to roughly
$56,000 an acre for the land taken, and more than double the County's unit value of$25,000. If
Respondents recover an amount equal to or greater than their offer, the County will be required
to pay their attorney's fees; therefore, the risk of Respondents obtaining a jury award equal to or
greater than $33,884 must be carefully weighed. Moreover, if the County accepts this offer, it
will have to pay all reasonable costs, thereby losing the cost-shifting benefit of its previous OJ.
Based on these various considerations, County staif and the Office of County Attorney
recommend that this offer be rejected by the Board.
Attached is the Offer of Judgment.
FISCAL IMPACT: If the Board rejects the otfer there will be no fiscal impact.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners reject the Offer of
Judgment made by Respondents, King.
PREPARED BY: Ellen T. Chadwell, Assistant County Attorney
Aoenda Item No. 16K3
- Ap~8, 2008
Page 2 of 4
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.:
Parcel No.:
02- 51 6G-CA
1 64/King
vs.
JUAN RAMIREZ, et al.
Respondents.
I
RESPONDENT'S OFFER OF JUDGMENT
Respondents, LEWIS R. KING AND MARGARET JEAN KING, by and through their
undersigned counsel and pursuant to Section 73.032, Florida Statutes, and the procedure set forth in
Fla.R.Civ.P. 1.442, hereby make the following Offer of Judgment to Petitioner, COLLIER COUNTY, in
the amount of$33,884.00, to settle all pending claims with that party, excluding all attorney's fees, expert
witness fees and costs.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished, by
regular U.S. Mail to Ellen Chadwell, Office of the County Attorney, 3301 Tamiami Trail East,
Naples, FL 34112, on this n day of February, 2008.
ROETZEL & ANDRESS
A legal Professional Association
2320 First Street, Suite 1000
Fort Myers, FL 3901
Telephone: (2 9) 337-3850
Facsimile: 9) 337-0970
th A. Jones
a Bar No. 0200158
By:
,
Page 1 0 f 2
AgenG8 It8n1 No. 16K3
.A.pcil 8, 2008
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16K3
Item Summary:
Recommendation 10 reject the Offer of Judgment to the County in the lawsUit styled CC v
Juan Ramirez, et aI., Case No 02-5166-CA (Immokalee Road Project No 60018)
4/8/200890000 AM
Meeting Date:
Prepared By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
3/12/200811:51:16 AM
Approved By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
3/12/20083:43 PM
Approved By
Sharon Newman
Accounting Supervisor
D3te
Transportation Services
Transportation SerViC'35 Admin
3/12/20084:28 PM
Approved By
Usa Taylor
fJ'ianagemenU8udget Ar.al}'st
Cate
Transportation Services
Transportation Administration
3/12/20084:23 PM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction tJ'lanagement
3/19/20083:46 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TEeM-ROW
3/24/2008 5:39 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
3/25/2008 9:56 AM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County A ttorney Office
3f26/200B 4:34 PM
Approved By
OMS Coordinator
Applic3tions Analyst
Date
Adrninisttdi.ive St:!fyit;es
inforrnation Technology
3/27i2008 2:16PM
Approved B}'
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Page 20f2
Agenda Item No. 16K3
April 8, 2008
Page 4 of 4
John A. Y onkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
3/27/20083:11 PM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
3/29/20084:36 PM
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