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Agenda 10/23/2012 Item #16K5 10/23/2012 Item 16.K.5. EXECUTIVE SUMMARY Recommendation to authorize the County Attorney's Office to make an Offer of Judgment to Respondent, Myrtle Chase, LLC for Parcel No. 206DAME in the amount of$9,960 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$1,660). OBJECTIVE: Authorize the County Attorney's Office to make an Offer of Judgment pursuant to Section 73.032, F.S., to property owner, Myrtle Chase, LLC, in the amount of$9,960.00, as full compensation, excepting attorney fees and costs, for condemnation of Parcel No. 206DAME, 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 0.291-acre parcel for a perpetual, non- exclusive, drainage, access, and maintenance easement (Parcel 206DAME) from the property owner, Myrtle Chase, LLC. The County's initial appraisal dated April 14, 2011 valued the taking at $8,300.00. The updated appraisal dated February 3, 2012 also valued the taking at $8,300.00. The County offered the owner $8,300.00 as the County's statutory offer on July 29, 2011. The offer was not accepted. An Order of Taking hearing was entered on March 6, 2012 and the County deposited the sum of$8,300.00 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$9,960.00 as full compensation for Parcel 206DAME, 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 $1,660.00, 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 $9,960.00 for Parcel 206DAME, 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$1,660.00 is available from the Stormwater Capital Improvement Project. Source of funds are ad valorem. LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for approval. - ERP GROWTH MANAGEMENT IMPACT: None. Packet Page-2155- 10/23/2012 Item 16.K.5. 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 CP\11-3207\130 2 Packet Page -2156- 10/23/2012 Item 16.K.5. COLLIER COUNTY Board of County Commissioners Item Number: 16.K.5. Item Summary: Recommendation to authorize the County Attorney's Office to make an Offer of Judgment to Respondent, Myrtle Chase, LLC for Parcel No. 206DAME in the amount of $9,960 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 $1,660). Meeting Date: 10/23/2012 Prepared By Name: NeetVirginia Title: Legal Assistant/Paralegal,County Attorney 10/11/2012 10:15:51 AM Submitted by Title: Assistant County Attorney, CAO Litigation Name: PepinEmily 10/11/2012 10:15:54 AM Approved By Name: HendricksKevin Title: Manager-Right of Way,Transportation Engineering Date: 10/15/2012 11:14:53 AM Name:PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 10/15/2012 12:11:14 PM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 10/15/2012 12:53:19 PM Name: KlatzkowJeff Title: County Attorney Date: 10/15/2012 1:05:51 PM Packet Page -2157- 10/23/2012 Item 16.K.5. Name: OchsLeo Title: County Manager Date: 10/15/2012 2:03:28 PM Packet Page-2158- 10/23/2012 Item 16.K.5. 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.: 206DAME JOHN D. LAWRENCE, ET AL., Respondents. OFFER OF JUDGMENT TO: Myrtle Chase,LLC, a Florida Limited Liability Company c/o Lanemark Investments,Inc.,a dissolved Illinois corporation, Registered Agent 537 11th Avenue South Naples, Florida 34102 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, MYRTLE CHASE, LLC, a Florida Limited Liability Company ("Respondents"), in settlement of all claims concerning Parcel 206DAME, 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 206DAME for the sum of$9,960, which includes the amount of$8,300 deposited pursuant to the Order of Taking dated March 6, 2012. This Offer of Judgment is subject to apportionment, if any. Packet Page-2159- 10/23/2012 Item 16.K.5. 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. 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 Amok 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 Packet Page-2160- 10/23/2012 Item 16.K.5. 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 206DAME Myrtle Chase,LLC,a Florida Limited Liability Naples Loan Acquisition,LLC Company c/o Claude A. Smith,Jr.,Registered Agent c/o Lanemark Investments,Inc.,a dissolved Illinois 568 9th Street,Suite 250 Corporation Naples,Florida 34102 Its Registered Agent 537 11th Avenue South MB Financial Bank,N.A. Naples,Florida 34102 6111 N.River Road Rosemont,Illinois 60018 Fifth Third Bank,a Foreign Profit Corporation do Corporation Service Company 1201 Hayes Street Tallahassee,Florida 32310 11-3207-CA/125 Packet Page-2161-