Agenda 09/09/2014 Item #16A31 9/9/2014 16A31.
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney4 0ffice to make an. Offer of Judgment to
Respondent, ABC Liquors, Inc., in the amount of$250,001 for the acquisition of Parcels 119FEE
and 119TCE in the lawsuit styled Collier County v.RTG,LLC,et al.,Case No. 13-CA-259(US-41 /
Collier Boulevard Intersection Improvement Project No. 60116). (Fiscal Impact: $179,285.33
including attorney fees calculated according to the statutory benefit formula if the offer is
accepted).
OBJECTIVE: Approve and authorize the making of an Offer of Judgment pursuant to Section 73.032,
Fla. Stat., to property owner, ABC Liquors, Inc., in the amount of $250,001, as full compensation,
excepting attorney's fees and costs, for the taking of Parcel Nos. 119FEE and 119TCE in the lawsuit
styled Collier County v. RTG, LLC, et al., Case No. 13-CA-259, Collier Boulevard Intersection
Improvement Project No.60116).
CONSIDERATIONS: Collier County condemned a 4,241 square foot right-of-way parcel in fee simple
(Parcel No. 119FEE), together with a 1,911 square foot temporary construction easement (Parcel No.
119TCE), as part of the Collier Boulevard Intersection Improvement Project from the property owner,
ABC Liquors, Inc. Pursuant to the Order of Taking hearing held on March 26, 2013, the appraiser's
testimony as to full compensation of $115,200 for the taking of Parcels 119FEE and 119TCE was
deposited into the court registry on April 3, 2013. The property owner's representatives have countered
with a claim for full compensation of $1,550,900 which includes a claim of severance damages of
$1,395,000.
Counsel for ABC Liquors, Inc. has requested a jury trial to determine full compensation for the property
taken, with a trial date yet to be determined. Outside counsel for the County recommends the making of
an Offer of Judgment in the amount of$250,001 as full compensation for Parcels 119FEE and 119TCE,
excluding attorney's 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 $134,801, which will be paid to the property owner by Stipulated Final
Judgment of the court, along with an attorney fee of$44,484.33 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$250,001 for Parcels 119FEE and 119TCE,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 attorney's fees, if the property owner accepts the offer,the County would be responsible
for attorney's 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 Offer of Judgment is reasonable,has been approved as to form and legality
and requires a majority vote for Board approval.-ERP
FISCAL IMPACT: A budget amendment will be needed in the Road Construction—Gas Tax Fund 313
to move $ 179,285.33 from Project 60077 into this project to pay if this offer is accepted. Costs
associated with the maintenance of the improvements being constructed at the intersection were addressed
at the time of bid award.
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9/9/2014 16.A.31.
GROWTH MANAGEMENT IMPACT: This Executive Summary is consistent with Collier County
Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners authorize the terms of the Offer of
Judgment and authorize its service on the property owner and the expenditure of funds as stated, if
accepted and authorize the necessary budget amendment.
Prepared by:Kevin Hendricks,Right-of-Way Acquisition Manager,TECM,and
Emily R.Pepin,Assistant County Attorney,Office of the County Attorney
Attachments: 1)Location Map:2)Aerial Photo of Take Area;and 3)Aerial Photo Showing Take Area
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9/9/2014 16.A.31 .
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.31.
Item Summary: Recommendation to authorize the County Attorney's Office to make an
Offer of Judgment to Respondent,ABC Liquors, Inc., in the amount of$250,001 for the
acquisition of Parcels 119FEE and 119TCE in the lawsuit styled Collier County v. RTG, LLC, et al.,
Case No. 13-CA-259 (US-41/Collier Boulevard Intersection Improvement Project No. 60116).
(Fiscal Impact: $179,285.33 including attorney fees calculated according to the statutory benefit
formula if the offer is accepted).
Meeting Date: 9/9/2014
Prepared By
Approved By
■•• , Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administration
Date: 8/13/2014 1:40:47 PM
Name: AhmadJay
Title: Director-Transportation Engineering,Transportation Engineering&Construction Management
Date: 8/15/2014 7:37:17 AM
Name: LynchDiane
Title: Supervisor-Operations,Road Maintenance
Date: 8/15/2014 8:35:00 AM
Name: ShueGene
Title: Director-Operations Support,Transportation Administration
Date: 8/18/2014 10:08:20 AM
Name: ShueGene
Title: Director-Operations Support,Transportation Administration
Date: 8/18/2014 10:36:43 AM
Name: PepinEmily
Title:Assistant County Attorney, CAO Litigation
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9/9/2014 16.A.31 .
Date: 8/18/2014 1:47:09 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 8/21/2014 10:17:25 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/21/2014 4:33:11 PM
Name: UsherSusan
Title:Management/Budget Analyst, Senior,Office of Management&Budget
Date: 8/27/2014 1:42:02 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 8/30/2014 12:48:56 PM
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9/9/2014 16.A.31 .
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