Agenda 10/23/2012 Item #16K4 10/23/2012 Item 16.K.4.
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney's Office to make an Offer of Judgment
to Respondent, Naples Gateway Estates, Inc., for Parcel No. 204DAME in the amount of
$3,860 in the lawsuit styled Collier County v. John D. Lawrence, et al., Case No. 11-3207-CA
(LASIP Outfalls 3 & 4 Project No. 51101) (Fiscal Impact $1,000).
OBJECTIVE: Authorize the County Attorney's Office to make an Offer of Judgment pursuant
to Section 73.032, F.S., to property owner, Naples Gateway Estates, Inc., in the amount of
$3,860.00, as full compensation, excepting attorney fees and costs, for condemnation of Parcel
No. 204DAME, in Collier County v. John D. Lawrence, et al., Case No. 11-3207-CA, LASIP
Outfalls 3 &4, Project No. 51101.
CONSIDERATIONS: Collier County condemned a 1.03-acre parcel for a perpetual, non-
exclusive, drainage, access, and maintenance easement (Parcel 204DAME) from the property
owner, Naples Gateway Estates, Inc. The County's initial appraisal dated March 4, 2011 valued
the taking at $2,950.00. The County offered the owner $2,950.00 as the County's statutory offer
on June 27, 2011. The offer was not accepted. A second appraisal dated January 31, 2012
reflects a reduction in value of Parcel 204DAME to $2,860.00. An Order of Taking hearing was
entered on March 6, 2012 and the County deposited the sum of$2,860.00 into the Court Registry
on March 22, 2012.
The County Attorney's Office and staff would like to make an Offer of Judgment in the amount
of$3,860.00 as full compensation for Parcel 204DAME, excluding attorney 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 pay an additional $1,000.00, which will
be paid to the property owner by Stipulated Final Judgment of the court. If the property owner
rejects the offer and fails to recover more than $3,860.00 for Parcel 204DAME, 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 appraisal fees. Although the offer does not include attorney fees, if the property
owner accepts the offer, the County would be responsible for attorney fees pursuant to Section
73.092, F.S.
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.
FISCAL IMPACT: Funds in the amount of$1,000.00 is available as a part of the Stormwater
Capital Improvement Project. Source of funds are ad valorem.
LEGAL CONSIDERATIONS: This item was prepared by the County Attorney's Office, is
legally sufficient and requires a majority vote for approval. -ERP
GROWTH MANAGEMENT IMPACT: None.
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10/23/2012 Item 16.K.4.
Executive Summary
Page Two
RECOMMENDATION: That the Board of County Commissioners authorizes the terms of
the Offer of Judgment and authorizes its service on the property owner and the expenditure of
funds as stated, if the offer is accepted.
Prepared by: Emily R. Pepin, Assistant County Attorney
Attachments: Proposed Offer of Judgment
CP\11-3207\129
2
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10/23/2012 Item 16.K.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4.
Item Summary: Recommendation to authorize the County Attorney's Office to make an
Offer of Judgment to Respondent, Naples Gateway Estates, Inc. for Parcel No. 204DAME in the
amount of$3,860 in the lawsuit styled Collier County v. John D. Lawrence, et al., Case No. 11-
3207-CA (LASIP Outfalls 3 &4 Project No. 51101) (Fiscal Impact $1,000).
Meeting Date: 10/23/2012
Prepared By
Name: NeetVirginia
Title: Legal Assistant/Paralegal,County Attorney
10/11/2012 10:13:42 AM
Submitted by
Title: Assistant County Attorney, CAO Litigation
Name: PepinEmily
10/11/2012 10:13:43 AM
Approved By
Name: HendricksKevin
Title: Manager-Right of Way,Transportation Engineering
Date: 10/15/2012 11:14:44 AM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 10/15/2012 12:10:38 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 10/15/2012 12:52:43 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 10/15/2012 1:04:21 PM
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10/23/2012 Item 16.K.4.
Name: OchsLeo
Title: County Manager
Date: 10/15/2012 1:10:41 PM
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•
10/23/2012 Item 16.K.4.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY,FLORIDA
CIVIL ACTION
COLLIER COUNTY, a political subdivision
of the State of Florida,
Petitioner, Case No.: 11-3207-CA
vs. Parcel No.: 204DAME
JOHN D. LAWRENCE, ET AL.,
Respondents.
OFFER OF JUDGMENT
TO: Naples Gateway Estates, Inc.
c/o Baljean Smith,Registered Agent
4010 NW 188th Street
Miami Gardens, Florida 33055-2746
Petitioner, COLLIER COUNTY, FLORIDA pursuant to 73.032, Florida Statutes, and
Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment for Lely Area Stormwater
Project, Outfalls 3 and 4, Project Number 51101, to Respondent, NAPLES GATEWAY
ESTATES, INC. ("Respondents"), in settlement of all claims concerning Parcel 204DAME, for
all compensation, including severance damages, business damages, costs to cure, together with
the value of the taking, statutory interest and all other claims of Respondent arising out of the
taking of Parcel 204DAME for the sum of $3,860, which includes the amount of $2,860
deposited pursuant to the Order of Taking dated March 6, 2012. This Offer of Judgment is
subject to apportionment, if any.
There are no non-monetary terms or other relevant conditions to this offer except that this
offer does include interest from the date of the Order of Taking but does not include attorney's
fees and costs.
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10/23/2012 Item 16.K.4.
The construction plans and specification for this project on which the offer is based have
been previously and continue to be available for the Respondent's review upon reasonable notice
of such request.
This Offer of Judgment was approved by the Board of County Commissioners the
day of , 2012.
Dated this day of ,2012.
OFFICE FO THE COUNTY ATTORNEY
Harmon Turner Building
3299 East Tamiami Trail, Suite
Naples,Florida 34112
(239)252-8400 Telephone
(239)252-6300 Fax
BY:
EMILY R. PEPIN, ESQUIRE
ASSISTANT COUNTY ATTORNEY
Florida Bar No. 92956
ATTORNEY FOR PETITIONER
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10/23/2012 Item 16.K.4.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
by U.S. Mail to the parties listed below.
EMILY R. PEPIN
PARCEL 204DAME
Naples Gateway Estates,Inc.
c/o Baljean Smith
4010 NW 188th St.
Miami Gardens,Florida 33055-2746
11-3207-CA/125
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