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Agenda 10/25/2016 Item #16K 6 16.K.6 10/25/2016 EXECUTIVE SUMMARY Recommendation to authorize the County Attorney's Office to make an Offer of Judgment to Respondent, Gulf View Townhomes, LLC, in the amount of$200,101 for the acquisition of Parcel 145DAME in the pending lawsuit styled Collier County v. April Chappell, et al., Case No. 10-3932- CA, Lely Area Stormwater Improvement Project (LASIP) No. 51101. (Fiscal Impact: $124,101 excluding attorney fees calculated according to the statutory benefit formula if the Offer is accepted,plus expert witness fees as may be awarded by the Court). OBJECTIVE: Approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to property owner, Gulf View Townhomes, LLC, in the amount of $200,101, as full compensation, excepting attorneys' fees and costs, for the taking of Parcel No. 145DAME in the pending lawsuit styled Collier County v. April Chappell, et al., Case No. 10-3932-CA, Lely Area Stormwater Improvement Project No. 51101. CONSIDERATIONS: Collier County condemned a 0.83 acre perpetual non-exclusive Drainage Access and Maintenance Easement (Parcel No. 145 DAME), for the Lely Area Stormwater Improvement Project, from the property owner, Gulf View Townhomes, LLC. Pursuant to the Order of Taking hearing held on October 27, 2010, the appraiser's testimony as to full compensation of$76,000 for the taking of Parcel 145DAME was deposited into the Court Registry on November 16, 2010. The property owner's counsel has countered with various claims for full compensation first at $203,900 and then later at $1,163,000 which included a claim of severance damages of$997,000, and lastly the property owner has presented a claim for full compensation in the amount of$699,800. Outside counsel prosecuting the case for the County recommends the making of an Offer of Judgment, excluding attorneys' 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 deposit into the Court Registry an additional $124,101, which will be paid to the property owner by Stipulated Final Judgment of the Court, along with attorneys' fees of$40,953.33 as calculated according to the benefit formula set forth in Section 73.092, F.S. If the property owner rejects the Offer and fails to recover more than $200,101 for Parcel 145DAME, 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 engineering and appraisal fees. Although the Offer does not include attorneys' fees, if the property owner accepts the Offer, the County would be responsible for attorneys' fees pursuant to Section 73.092,Fla. Stat., in addition to the owner's expert fees and costs. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed all considerations in making this 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 -JAB. FISCAL IMPACT: Funds in the total amount of $124,101.00 will come from within the Stormwater Capital Improvement Fund 325. Source of funds are transfers from the General Fund (001) and Unincorporated Area General Fund(111). GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the Collier County Growth Management Plan. RECOMMENDATION: To authorize the terms of the Offer of Judgment and authorize its service on counsel for the property owner and the expenditure of funds as stated, if accepted. Packet Pg.1925 16.K.6 10/25/2016 Prepared by: Jennifer A. Belpedio,Assistant County Attorney ATTACHMENT(S) 1.Proposed offer of judgment (PDF) Packet Pg.1926 16.K.6 10/25/2016 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.6 Item Summary: Recommendation to authorize the County Attorney's Office to make an Offer of Judgment to Respondent, Gulf View Townhomes, LLC, in the amount of$200,101 for the acquisition of Parcel 145DAME in the pending lawsuit styled Collier County v. April Chappell, et al., Case No. 10- 3932-CA, Lely Area Stormwater Improvement Project (LASIP) No. 51101. (Fiscal Impact: $124,101 excluding attorney fees calculated according to the statutory benefit formula if the Offer is accepted,plus expert witness fees as may be awarded by the Court). Meeting Date: 10/25/2016 Prepared by: Title: Legal Assistant—County Attorney's Office Name: Rosa Villarreal 10/13/2016 2:23 PM Submitted by: Title: County Attorney—County Attorney's Office Name: Jeffrey A.Klatzkow 10/13/2016 2:23 PM Approved By: Review: Transportation Engineering Jay Ahmad Additional Reviewer Completed 10/13/2016 3:52 PM Growth Management Department Gene Shue Additional Reviewer Completed 10/13/2016 3:52 PM Growth Management Department Diane Lynch Level 1 Division Reviewer Completed 10/13/2016 3:57 PM Growth Management Department Lisa Taylor Additional Reviewer Completed 10/13/2016 4:06 PM Transportation Engineering Kevin Hendricks Additional Reviewer Completed 10/14/2016 8:52 AM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 10/14/2016 1:44 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 10/14/2016 2:16 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/14/2016 2:20 PM Budget and Management Office Ed Finn Additional Reviewer Completed 10/14/2016 4:28 PM County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 10/14/2016 4:47 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/17/2016 9:25 AM Board of County Commissioners MaryJo Brock Meeting Pending 10/25/2016 9:00 AM Packet Pg. 1927 16.K.6.a IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY,FLORIDA 2 CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, v. Case No.: 10-3932-CA M PARCEL: 145DAME M APRIL L. CHAPPELL, ET AL., Respondents. PETITIONER COLLIER COUNTY'S OFFER OF JUDGMENT TO RESPONDENT GULF VIEW TOWNHOMES,LLC a COMES NOW, Petitioner, COLLIER COUNTY, FLORIDA, ("COUNTY") by and through undersigned counsel and pursuant to Section 73.032, Florida Statutes,and Fla. R. Civ. P. 1.442, and does hereby make this binding Offer of Judgment to Respondent GULF VIEW c.) TOWNHOMES, LLC ("GULF VIEW") in the Royalwood/Whitaker Road phase of the Lely -6 Area Stormwater Improvement Project located in East Naples and known as Capital C, E Improvement Element Project No. 291, Project No 51101, ("Project"), in settlement of all claims concerning Parcel 145DAME, for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, statutory interest and any other o claims of GULF VIEW arising out of the taking of Parcel 145DAME, for the total amount of Two Hundred Thousand One Hundred and One and No/100 Dollars ($200,101.00), which includes the amount of $76,000.00 previously deposited by the COUNTY into the Court Registry pursuant to the Order of Taking dated October 27, 2010. This Offer of Judgment is subject to apportionment,if any. N a. There are no non-monetary terms or other relevant conditions to this Offer except that a this Offer does not include attorneys' fees and costs. R a [10-3932-CA/1293427/1j Page 1 of 3 Packet Pg. 1928 16.K.6.a The construction plans and specifications for the Project on which the Offer is based have been previously and continue to be available for GULF VIEW'S review upon reasonable notice of such a request. a This Offer of Judgment was approved by the Board of County Commissioners on the o_ U day of October,2016. M M Dated this day of October, 2016. a) u Respectfully submitted, Ta a) m a 13y: ._ JENNIFER A. BELPEDIO, ESQ. Florida Bar No. 186030 Collier County Attorney's Office 3299 East Tamiami Trail, Suite 800 Naples, FL 34112 a� Telephone: (239)252-8400 v Facsimile: (239) 774-0225 Co-Counsel for Petitioner emilvpepin@colliergov.net jenniferbelpediocolliergov.net nancybradley@colliergov.net 0 as CERTIFICATE OF SERVICE O I HEREBY CERTIFY that a true and correct copy of the Offer of Judgment was N electronically filed with the Florida Courts E-Filing Portal which will send a notice of electronic filing to parties appearing via electronically, and by U.S. mail to parties as indicated on the Service List below on this day of October, 2016. BY: a) JENNIFER A. BELPEDIO, ESQ. d N O O. O L 0 .F+ a) E �1V 4I .F+ ¢ [10-3932-CA/1293427/I] Page 2 of 3 Packet Pg. 1929 16.K.6.a SERVICE LIST 2 COLLIER COUNTY V. APRIL CHAPPELL, ET AL., er Case No. 10-3932-CA a� PARCEL 145DAME a GULF VIEW TOWNHOMES, LLC KEITH A. DAVISON do Michael R. Whitt, Esquire 11745 Longshore Way East N Robins Kaplan,LLP Naples,Florida 34119 a MWhitt@robinskaplan.com (239) 571-1610 RBorden a,robinskaplan.com AWamback@robinskaplan.com DOUGLAS LIPPERT 2712 Buckthorn Way LAND DEVELOPMENT SERVICES, INC. Naples,FL 34105 c/o David A. Burt, Esquire Burt Legal Services Q Davi dAB urtLegalServices.com 10-3932-CA/#5317 a;Oj a, O r _ av E a ) 4— O 0 N N d E a) 4- O L d O d N O Q O L a m E u�\ R Q [10-3932-CA/1293427/1] Page 3 of 3 Packet Pg. 1930