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Agenda 03/22/2011 Item #16K4 3/22/2011 Item 16.K.4. Executive Summary Recommendation to Authorize the Making of an Offer of Judgment to Respondent, Colombo Enterprises of Naples, Inc., for Parcels 131A, 131 Band 133 in the Amount of $378,000.00 in the Lawsuits Styled Collier COUllty v. First Natiollal Balik of Naples, et al., Case No. 04-3587- CA, and Collier County v. Stonebridge Country Club Community Association, Inc., et aI., Case No. 04-3588-CA, which have been consolidated into one lawsuit, in the Immokalee Road Project #66042 (Fiscal Impact: $199,800 if offer is accepted). OBJECTIVE: Approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondent, Colombo Enlerprises of Naples, Inc., in the amount of $378,000.00 as full compensation, excepting attorney's fees and costs, for the acquisition arising out of the condemnation of Parcels 131A, 131 Band 133 in Collier County v. First National Bank of Naples, et al., Case No. 04-3587-CA and Collier County v. Stonebridge Country Club Community Association, Inc., et aI., Case No. 04-3588-CA. These two cases have been consolidated into one case (Tmmokalee Road Project #66042) as the parcels have a common owner and issues. ,- CONSIDERATIONS: Collier County deposited $178,200.00 into the Court Registry and acquired title to Parcels 131A, 131 Band 133 in accordance with the Orders of Taking entered on December 9, 2004 and December 17, 2004 respectively. The issue in this case is the value of land taken coupled with an alleged conlractual interest in a median opening based on the prior Immoka1ee Road project widening. The property owner is demanding $6,187,400 in damages. The County Attorney's Office would like to make an Offer of Judgment in the amount of $378,000.00 as full compensation for the property taken, excluding attorney's fees, expert fees and costs, which will expire in 30 days lmless extended by the County or accepted. If lhe property owner accepts the offer, the County will be required to pay an additional $ 199,800 which will be paid to the property owner by Stipulated Final Judgment of the court. If lhe property owner rejects the offer and fails to recover more than $378,000 for Parcels 131A, 131B and 133, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondent after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. The Offer of Judgment is attached as Exhibit A. FISCAL IMPACT: Funds in the mnount of $199,800.00 are available from lhe Transportation Road Supported Gas Taxes. Source of funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This Executive Summary was drafted by the County Attorney's Office and is legally sufficient for Board action. A majority vole is required. (STW) RECOMMENDATION: That the Board of County Commissioners: I. Approve and authorize service of the Offer of Judgment; -- 2. Approve entry of a Stipulated Final Judgment and expenditure of the funds, should lhe offer be accepted. PREPARED BY: Steven T. Williams, Assistant County Attorney Packet Page -1323- 3/22/2011 Item 16.K.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.K.4. Item Summary: Recommendation to Authorize the Making of an Offer of Judgment to Respondent, Colombo Enterprises of Naples, Inc., for Parcels 131A, BiB and 133 in the Amount of $378,000.00 in the Lawsuits Styled Collier County v. First National Bank of Naples, et aI., Case No. 04-3587-CA, and Collier County v. Stonebridge Country Club Community Association, Inc., et aI., Case No. 04-3588-CA, which have been consolidated into one lawsuit, in the Immokalee Road Project #66042 (Fiscal Impact: $199,800 if offer is accepted). Meeting Date: 3/22/2011 Prepared By Name: CrotteauKathynell Title: Legal Secretary,County Attorney 3/1 0/20 11 4:38:27 PM Approved By Name: HendricksKevin Title: Manager - Right of Way, Transportation Engineering Date: 3/] 0/201] 4:55:05 PM Name: AhmadJay Title: Director - Transportation Engineering,Transportation Engineering & Construction Management Date: 3/1 0/20] 1 5: 11: I 6 PM Name: TaylorLisa Title: Management/Budget Analyst,Transportation Adminislr Dale: 3/1 ]/2011 7:58:48 AM Name: WilliamsSteven Title: Assistant County Attorney,County Attorney Date: 3/1 ]/201 18:17:52 AM Name: FederNorm Title: Administrator - Growth Management Div,Transp0l1ati Date: 3/1 1/2011 3:47:56 PM Packet Page -1324- 3/22/2011 Item 16.K.4. Name: KlatzkowJeff Title: County Attorney, Date: 3/14/2011 9:3] :55 AM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 3/14/2011 4:34:49 PM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 3/14/20114:51:33 PM Packet Page -1325- 3/22/2011 Item 16.K.4. 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, Case No.: 04-3587-CA 04-3588-CA vs. Parcel Nos.: 13IA, 131B, 133 FIRST NATIONAL BANK OF NAPLES, et a!., Respondents. EXHIBIT AND I --B- COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, vs. STONEBRIDGE COUNTRY CLUB COMMUNITY ASSOCIATION, INC., et a!., Respondents. / OFFER OF JUDGMENT TO: John G. Vega, Esquire JOHN G. VEGA, P.A. 20 I 8th Street South, Suite 207 Naples, Florida 34102 H. Adams, Weaver, Esquire JONES FOSTER JOHNSON & STUBBS, PA 505 South Flagler Drive, Suite 1100 West Palm Beach, Florida 33401 PETITIONER, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statutes, and Fla.R.Civ.P. 1.442, does hereby make this binding Offer of Judgment in this action to Respondent, COLOMBO ENTERPRISES OF NAPLES, INC., for all compensation, including severance damages, business damages, statutory interest, costs to cure, together with the value of the taking, and any other claims of Respondent arising out of the taking of Parcels 131A, BIB, and 133, in the total amount of Three Hundred Seventy-Eight Thousand Dollars and No/tOO Packet Page -1326- 3/22/2011 Item 16.K.4. ($378,000.00), which includes the amount of $178,200.00 which was deposited pursuant to the Orders of Taking dated December 9, 2004 and December 17, 2004 respectively. 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 not include attorney fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondent's review upon reasonable notice of such a request. Dated this day of March, 2011. OFFICE OF THE COUNTY ATTORNEY 3299 East Tamiami Trail, Suite 800 Naples, Florida 34112 (239) 252-8400 - Telephone (239) 252-6300 - Facsimile BY: STEVEN T. WILLIAMS, ESQUIRE s1'~ II Florida BarNo. 740101 J ATTORNEY FOR PETITIONER CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to the persons nanled above on this _ day of March, 2011 via regular United States Mail. STEVEN T. WILLIAMS, ESQUIRE Packet Page -1327-