Agenda 02/08/2011 Item #16K3
2/8/2011 Item 16.K.3.
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EXECUTIVE SUMMARY
Recommendation to accept the Offer of Judgment from 524 Broadway Company, LP in the amount of
$55,000 for Parcels 122 and 123 In the lawsuit styled Collier County v. William Pilger, et ai, Case No.
06-1125-CA (County Barn Road Project Numher 60101). (Fiscal Impact $26,152)
OBJECTIVE: That the Board of County Commissioners accept the Offer of Judgment from 524 Broadway
Company, LP in the amount of $55,000 for Parcels 122 and 123 in the lawsuit styled Collier County v.
William Pilger, et. al., Case No. 06-1125-CA (County Barn Road Project 60] 0 I).
CONSIDERATIONS: Collier County condemned a ,I 0 acre parcel each (Parcels 122 and 123) for road
right-of-way and drainage and utility easement from owner 524 Broadway Company, LP. The County's
initial appraisal dated January 12, 2006, valued the taking at $40,600. The County offered the owner
$40,600 as the County's statutory offer in February 2006, An updated appraisal, dated November], 2006,
shows a declining market value of $33,600 for the taking, An Order of Taking hearing was held on
November 2], 2006, and the County deposited the sum of $33,600 in the COUli Registry. The owners'
appraiser valued the two parcels at $69,300, Informal ncgotiations have taken place between the parties off
and on over time, resulting in differing opinions of the value of vacant land. Should the case go to trial and
given no compelling facts from either side, juries have historically split the difference between the two
positions or $51,450.
Given the facts of the case, the difference between the split and the Offer of Judgment ($3,550), is a
relatively small price to pay to avoid the cost of continued litigation, with mediation, continued discovery,
_ costs ofa trial preparation and trial itse1fwhich could exceed more than 20 times that amount.
Staff recommends acceptance of this Offer of Judgment. If approved, the County will be responsible for the
following costs:
Additional compensation:
Statutory Attorney's fees:
TOTAL
$21,400
$4.752
$26,152
A Stipulated Final Judgment will be prepared reflecting the settlement. Expert fees and costs will be
negotiated at a later date,
* Attorney's Fees are mandated by 973,092, F,S., and are based on 33% of the total benefit achieved, i.e"
0.33 x ($55,000 - $40,600).
FISCAL IMPACT: Funds in the amount of $26, 152 are available in Gas Taxes andlor Impact Fees,
GROWTH MANAGEMENT IMPACT:
None.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. This item requires only a
majority vote, RNZ
RECOMMENDATION: That the Board of County Commissioners accept the Offer of Judgment
from 524 Broadway Company, LP in the amount of$55,000 for Parcels 122 and 123.
PREPARED BY: Robert N. Zachary, Assistant County Attorney
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Packet Page -692-
2/8/2011 Item 16.K.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16,K.3.
Item Summary: Recommendation to accept the Offer of Judgment from 524 Broadway
Company, LP in the amount of $55,000 for Parcels 122 and 123 in the lawsuit styled Collier
County v. William Pilger, et aI., Case No, 06-1125-CA (County Barn Road Project Number
60101). (Fiscal Impact $26,152)
Meeting Date: 2/8/2011
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
1/26/201] 4: 12:07 PM
Approved By
Name: HendricksKevin
Title: Manager - Right of Way, Transportation Engineering
Date: 1/26/20] 1 5:06:46 PM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 1/27/2011 10:06:49 AM
Name: TaylorLisa
Title: ManagementlBudget Analyst, Transportation Administr
Date: 1/27/2011 10:21 :54 AM
Name: ZacharyRobert
Title: Assistant County Attorney,County Attorney
Date: 1/27/201110:41:16 AM
Name: FederNorm
Title: Administrator - Growth Management Div,Transportati
Date: 1/27/2011 4:01 :55 PM
Name: KlatzkowJeff
Title: County Attorney,
Packet Page -693-
2/8/2011 Item 16.K.3.
Date: 1/27/20] I 5:29:45 PM
Name: UsherSusan
Title: ManagementJBudget Analyst, Senior,Office of Manage
Date: 1/28/2011 4:32:41 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 1/30/201] 11:11:IOAM
Packet Page -694-
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2/8/2011 Item 16.K.3.
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IN TIlE CIRCUIT COURT OF TIlE 201H
JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA
CASENO.: 06-1125-CA (CAE)
PARCEL Nos, 122 and 123
COLLIER COUNTY, FLORIDA, a political
Subdivision of the State of Florida,
Petitioner,
vs.
WILLIAM M. PILGER, et aI"
Respondents.
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OFFER OF JUDGMENT BY DEFENDANT. 524 BROADWAY COMPANY. LP
Defendant, 524 BROADWAY COMPANY, LP, Owner of Parcels 122 and 123, pursuant to
Section 73.032(3), Florida Statutes, 20 I 0, hereby offers to allow judgment to be taken by Petitioner,
COLLIER COUNTY, in the amount of FIFTY-FIVE THOUSAND AND NO/IOO DOLLARS
($55,000.00) in full payment for the property taken (designated as Parcels 122 and 123 herein) and
for any damages resulting to the remainder, and for all other damages of any nature arising from the
taking, including interest thereon, but excluding reasonable attorneys' fees and costs pursuant to
Sections 73.091 and 73.092, Florida Statutes, 2010.
R R' Packet Page -695-1 II P
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2/8/2011 Item 16.K.3.
I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment was
furnished by U.S. Mail, and via facsimile transmission to Robert N, Zachery, Esq., Attorney for
Petitioner, Collier Count y, 3301 Tamiami Trail, East, Hannon Turner Building, 8th Floor, Naples,
FL 34112, this .u...~ay of November, 2010.
BRIGHAM MOORE LLP
One Clearlake Center, Suite 1601
250 South Australian Avenue
West Palm Beach, FL 33401
561-832-7862 (Phone)
561-832-7860(l:!!X
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By: -. ci..-wL.
John W. Little, ill, .A.
Borida Bar Number 384798
Richard 1. Dewitt, ill
Borida Bar Number 879711
Attorneys for Respondent, 524
BROADWAY COMPANY, L.P,
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