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Agenda 02/24/2026 Item #16K10 (Offer of Judgment to Respondents, Christian Silver, Jasmine Calduch, and Sawgrass Construction Group LLC, in the lawsuit styled Collier County, Florida v. Christian Silver, et al., Case No. 25-CA-237)2/24/2026 Item # 16.K.10 ID# 2026-436 Executive Summary Recommendation to authorize the making of an Offer of Judgment in the amount of $160,000.00 to Respondents, Christian Silver, Jasmine Calduch, and Sawgrass Construction Group LLC, in the lawsuit styled Collier County, Florida v. Christian Silver, et al., Case No. 25-CA-237, for the taking of Parcel 1359FEE2 required for the Vanderbilt Beach Road Extension Project No. 60249. OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to 73.032 Fla. Stat. and Rule 1.442, Fla.R.Civ.P., to Respondents, Christian Silver, Jasmine Calduch, and Sawgrass Construction Group LLC, in the amount of $160,000.00 as full compensation for the condemnation of Parcel 1359FEE2, Collier County, Florida v. Christian Silver, et al., Case No. 25-CA-237, required for the Vanderbilt Beach Road Extension Project No. 60249. CONSIDERATIONS: On February 6, 2025, an eminent domain action was filed for the acquisition of property for the Vanderbilt Beach Road Extension Project No. 60249. Parcel 1359FEE2 was acquired as a fee simple acquisition. On May 6, 2025, a Stipulated Order of Taking was entered by the Circuit Court as to Parcel 1359FEE2, and on May 16, 2025, the good faith estimate of value in the amount of $57,000.00 was deposited into the Court registry, thereby vesting title in the parcels in Collier County. The Offer of Judgment, a copy of which is attached, offers the property owners of this Parcel, Christian Silver and Jasmine Calduch, the sum of $160,000.00 as full compensation for the property taken, including any severance damages, business damages, damages to the remainder, costs to cure and interest, but excluding statutory attorney fees, costs, and expert fees. This figure takes into account the basis for the appraised value and the potential risks and costs in proceeding to trial. The making of the Offer of Judgment will require the property owners to carefully assess their claims for compensation. Christian Silver and Jasmine Calduch have thirty days from the date of serving the offer to accept. If Christian Silver and Jasmine Calduch accept, the County will be required to deposit an additional $103,000.00 into the registry, and the total sum of funds on deposit, will be paid to Christian Silver and Jasmine Calduch by Stipulated Final Judgment of the court. The County will also be obligated to pay statutory attorney fees, costs, and the expert fees associated with the taking of Parcel 1359FEE2. If Christian Silver and Jasmine Calduch reject the offer and fail to recover more than $160,000.00 for Parcel 1359FEE2, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Christian Silver and Jasmine Calduch after the date of the offer’s rejection. This would include any expert witness fees, such as appraisal fees. Sawgrass Construction Group LLC has been identified in the action as a potential business interest associated with the subject parcel. The proposed Offer of Judgment includes compensation for any potential business damages, in addition to all other compensation and damages that may otherwise be awarded. 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. This item is consistent with the Collier County strategic plan objective to design and maintain an effective transportation system to reduce traffic congestion and improve the mobility of our residents and visitors. FISCAL IMPACT: County is entitled to a credit of $57,000 for its good faith estimate of value. Funds for the balance of $103,000.00, plus attorney’s fees and costs and expert fees, are available in the Vanderbilt Beach Road Extension Project Capital Fund, Project 60249. The primary funding source for the acquisition of right of way is through Road Impact Fee District Funds (3090, 3091, 3092, 3093, 3094, 3095) in the Vanderbilt Beach Road from 16th to Everglades Project (60249). Should impact fees not be sufficient, the secondary funding source will be Road Construction Gas Tax Fund (3083) and Transportation Capital Fund (3081). Sources of funding are impact fees, gas tax and general funds. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. Page 2209 of 3023 2/24/2026 Item # 16.K.10 ID# 2026-436 LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. – SAA RECOMMENDATION(S): To approve the attached Offer of Judgment and authorize the payment of funds as stated herein. PREPARED BY: Robert Bosch, Manager, Manager ROW Acquisition, Operations and Performance Management ATTACHMENTS: 1. Offer of Judgement P1359Fee2 2. Aerial - Parcel 1359FEE2 Page 2210 of 3023 [25-CA-237/2001584/1] IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA Collier County, Florida, a political Subdivision of the State of Florida, Plaintiff, Case No. 25-CA-237 vs. Parcel 1359FEE2 Christian Silver; Jasmine Calduch; Mortgage Electronic Registration Systems, Inc; Sawgrass Construction Group LLC; Linda J. Craft; Yaneisi Cabrera Rivas; Yoandy Alpizar; Debashree Mukherjea; Financial Solutions Network, Inc; Rob Stoneburner, Collier County Tax Collector, and PennyMac Loan Services, LLC, Respondents. _________________________________________________/ OFFER OF JUDGMENT Petitioner, Collier County, Florida, by and through the undersigned counsel, hereby makes this Offer of Judgment to Respondents, Christian Silver; Jasmine Calduch; and Sawgrass Construction Group LLC, and states: 1. This offer is made pursuant to §73.032, Florida Statutes and Rule 1.442, Fla.R.Civ.P.. 2. This offer is made to settle all pending claims of Respondents for all claims of any nature in this action, excluding only attorney fees and costs and expert costs, in the amount of One Hundred Sixty Thousand Dollars and No/100 ($160,000.00). 3. The Offer of Judgment shall be deemed rejected unless accepted by filing both a written acceptance and the written offer with the Court within 30 days after service of the offer. In accordance with §73.032, Florida Statutes, upon proper filing of both the offer and acceptance, the Court shall enter judgment thereon. A rejection of the offer terminates the offer. 4. The Offer is to resolve all compensation and damages that would otherwise be awarded to the Respondents in a final judgment in this action. Page 2211 of 3023 [25-CA-237/2001584/1] 5. The Petitioner may withdraw this Offer of Judgment in writing served on Respondents before a written acceptance is served on Petitioner. Once withdrawn in this manner, the offer is void. CERTIFICATE OF SERVICE I HEREBY CERTIFY that the foregoing Offer of Judgment was furnished by e-mail to counsel for Respondents, John M. LeRoux, Esq., on this ____ day of ________ 2026. BY: __________________________________ COLLEEN M. GREENE, ESQ. Florida Bar No. 502650 SALLY A. ASHKAR, Esq. Florida Bar No. 1007665 Collier County Attorney’s Office 3299 East Tamiami Trail, Suite 800 Naples, FL 34112 Telephone: (239) 252-8400 Facsimile: (239) 252-6912 COUNSEL FOR PETITIONER Colleen.Greene@collier.gov Sally.Ashkar@collier.gov Sheri.Malcolm@collier.gov Page 2212 of 3023 AERIAL – PARCEL 1359FEE2 VANDERBILT BEACH RD EXT (PH2) PROJECT NO. 60249 / PARCEL 1359FEE2 Page 2213 of 3023