Agenda 12/12/2017 Item #16K 912/12/2017
EXECUTIVE SUMMARY
Recommendation to approve a Joint Motion and Stipulated Final Judgment for full compensation
in the amount of $200,101, as well as $50,405.50 for all attorney’s fees, expert fees and costs
associated with the taking of Parcel 145DAME for the Royalwood/Whitaker portion of the Lely
Area Stormwater Improvement Project (Project No. 51101). (Fiscal Impact: $174,676.50).
OBJECTIVE: To settle full compensation owed for the taking of Parcel 145DAME required for the
Royalwood/Whitaker Segment of the Lely Area Stormwater Improvement Project (“LASIP).”
CONSIDERATIONS: On December 1, 2009, the Board of County Commissioners adopted Resolution
2009-288 authorizing the condemnation of easements for the construction of LASIP in the Royalwood /
Whitaker Road area of East Naples. On October 29, 2010, the County condemned Parcel 145DAME, a
drainage access and maintenance easement, and deposited $76,000 into the Court Registry as a good faith
estimate of value for the taking. Parcel 145DAME was a stri p easement taking from the westerly edge of
a vacant parcel of land owned by Gulf View Townhomes, LLC, hereinafter “Gulf View.” The County
has since completed this segment of LASIP and has constructed a drainage ditch within the part taken.
Gulf View’s original claim was $1,163,000 in compensation which in large part included unmitigated
damages of over $900,000 as well as a costly landscape buffer as a cure for the remainder. The damages,
as claimed by the appraiser for Gulf View, resulted from the “lo st profits” of development potential since
the design of the future subdivision could only yield 46 units instead of 58 units once the ditch was built
within the easement area. The County disputed the legal basis of the appraisal as well as many of the
factual statements within the appraisal. The parties reached an impasse at a 2015 mediation. Gulf View
subsequently produced an appraisal of $699,770, which this Office again found unfounded and
unacceptable.
On October 25, 2016, this Board approved and extended an Offer of Judgment in the amount of $200,101
to Gulf View to settle full compensation, exclusive of attorney’s fees and costs. The offer was not
accepted.
The County then filed a motion asking the Court for an order striking the owner’s appraisal. On May 19,
2017, the court ruled in favor of the County, giving the owners the opportunity to prepare a new appraisal
report. In response Gulf View notified the County that they would accept the October 25, 2016 Offer of
Judgment amount, if the County was willing to once again extend the offer.
The County Attorney’s Office and Staff recommends that the Board reoffers the October 25, 2016 Offer
of Judgment and approves this settlement. We are of the opinion that a better result is not likely at tri al.
In addition, the preparation of an additional appraisal and the preparation of our own experts for trial will
increase the amount owed in expert fees, which is all required to be borne by the County.
If the County agrees to the settlement of $200,101 in compensation, the County is also liable for statutory
attorney’s fees in the sum of $40,953.33, as well as $9,452.50 in expert fees. In addition, the County
would be responsible for $170 in a Clerk’s deposit fee.
Upon approval, the County Attorney’s Office will file the Joint Motion and Final Judgment with the
Circuit Court.
GROWTH MANAGEMENT IMPACT: None.
12/12/2017
FISCAL IMPACT: Funds in the amount of $174,676.50 are available in project number 51101, within
the Stormwater Capital Improvement Fund 325. Source of funds is transfers from the General Fund (001)
and Unincorporated Area General Fund (111).
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. - JAK
RECOMMENDATION: To approve a Joint Motion and Stipulated Final Judgment for full
compensation in the amount of $200,101, as well as $50,405.50 for all attorney’s fees, expert fees and
costs associated with the taking of Parcel 145DAME for the Royalwood/Whitaker portion of th e Lely
Area Stormwater Improvement Project (Project No. 51101).
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
ATTACHMENT(S)
1. Proposed Stipulated Final Judgment (PDF)
2. Aerial Photo (PDF)
3. October 25 2016 Executive Summary and Offer of Judgment (PDF)
4. Photo of Ditch - 1 (JPG)
5. Photo of Ditch - 2 (JPG)
6. Photo of Ditch - 3 (JPG)
12/12/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.9
Doc ID: 4359
Item Summary: Recommendation to approve a Joint Motion and Stipulated Final Judgment for
full compensation in the amount of $200,101, as well as $50,405.50 for all attorney’s fees, expert fees and
costs associated with the taking of Parcel 145DAME for the Royalwood/Whitaker portion of the Lely
Area Stormwater Improvement Project (Project No. 51101). (Fiscal Impact: $174,676.50).
Meeting Date: 12/12/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
12/06/2017 11:44 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
12/06/2017 11:44 AM
Approved By:
Review:
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/06/2017 11:54 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 12/06/2017 12:30 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/06/2017 1:17 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 12/06/2017 1:34 PM
Board of County Commissioners MaryJo Brock Meeting Pending 12/12/2017 9:00 AM
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,
V.
APRIL L. CHAPPELL, ET AL.,
Respondents.
Case No.:
PARCEL:
10-3932-CA
145DAME
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
COMES NOW, Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent.
GULF VIEW TOWNHOMES. LLC, by and through their undersigned counsel, and jointly move
this Honorable Court for the entry of the proposed Stipulated Final Judgment as to Parcel
145DAME, attached hereto as Exhibit "I".
Dated:12'r- (-7 Dated:
michaelA- whitt^_^uire
)7250io
Robins KdplanJsL!^
711 Fifth Avenue South, Suite 201
Naples, FL 34102
Telephone: (239) 430-7070
Facsimile: (239) 213-1970
mwhitt@robinskaDlan.com
awamback@robinskaplan,com
CRAIG B. WILLIS, ESQUIRE
Florida Bar No. 257656
PIXEL & WILLIS
211 S. Gadsden Street
Tallahassee, FL 32301
Telephone: (850)681-1800
Facsimile: (850) 681-9017
ATTORNEY FOR PETITIONER
cwillis@rixelwillis.coni
ccrosslcv@tlxelwillis.com
(I0-3932-CA/I38IJ23/II
AERIAL PHOTO SHOWING PARCEL 145DAME TAKEN FROM THE GULFVIEW TOWNHOMES, LLC PROPERTY
53 FEET
ROYAL WOOD COUNTRY CLUB
YOUTH
HAVEN
-
GULFVIEW
TOWNHOMES
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 vFacsimile: (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.
OL
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
NN
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
j,.
r
:Y
�' d
i
�:.r
Y .�W�.
ry
Y�
... ,5 `.
_' '�
J. t