Agenda 12/13/2011 Item #16K 4-12/13/2011 Item 16.K.4.
Executive Summary
Recommendation to Authorize the Making of an Offer of Judgment to Respondent, Naples
Estates Limited Partnership, for Parcel 101 in the Amount of $368,000.00 in the Lawsuit
Styled Collier County v. Naples Estates Limited Partnership, et aL, Case No. 06- 1213 -CA in the
County Barn Road Project #60101 (Fiscal Impact: $35,600 if offer is accepted).
OBJECTIVE: Approve and authorize the making of an Offer of Judgment pursuant to Section
73.032, Fla. Stat., to Respondent, Naples Estates Limited Partnership, in the amount of $368,000.00
as full compensation, excepting attorney's fees and costs, for the acquisition arising out of the
condemnation of Parcel 101 in Collier County v. Naples Estates Limited Partnership, et al., Case
No. 06- 1213 -CA. (County Barn Road Project #60101).
CONSIDERATIONS: Collier County deposited $332,400.00 into the Court Registry and acquired
title to Parcel 101 in accordance with the Order of Taking entered on November 21, 2006.
The subject property is improved with a mobile home park. The taking reduces the rear yard and
renders 3 units illegal non - conforming uses. The storage area, stormwater drainage and access to
the maintenance building /storage area are impacted by the taking. The issues in this case are the
costs to restore the improvements and severance damages. The owner appraised the taking at
$1,268,000.
The County Attorney's Office would like to make an Offer of Judgment in the amount of
$368,000.00 as full compensation for the property taken, 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 pay an additional $35,600 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 $368,000 for Parcel 101, 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.
The following conditions also apply to this offer: (1) County agrees to accept the existing surface
drainage from the remainder property into the County's system to maintain existing historical
drainage flow; (2) County agrees to amend the construction plans to provide a driveway apron to
the maintenance driveway at its existing location; and (3) County agrees to allow the existing lift
station to remain in its present location until the earlier of the remainder tract is redeveloped with a
use other than a mobile home park or the lift station is replaced with a new lift station by owner.
Access to the lift station will be from the remainder tract.
FISCAL IMPACT: Funds in the amount of $35,600 are available in impact fees. Source of funds
are impact fees.
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 vote is required. (HFAC)
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12/13/2011 Item 16.K.4.
RECOMMENDATION: That the Board of County Commissioners approve and authorize service
of the Offer of Judgment, and approve entry of a Stipulated Final Judgment and expenditure of the
funds, should the offer be accepted.
PREPARED BY: Heidi Ashton -Cicko Assistant County Attorney
Attachment: Offer of Judgment
CP \06 -1213 \293
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12/13/2011 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, Naples Estates Limited Partnership, for Parcel 101 in the Amount of $368,000 in
the Lawsuit Styled Collier County v. Naples Estates Limited Partnership, et al., Case No. 06-
1213-CA in the County Barn Road Project #60101 (Fiscal Impact: $35,600 if offer is accepted).
Meeting Date: 12/13/2011
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
11/9/2011 12:00:21 PM
Approved By
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
Date: 11/10/2011 10:12:32 AM
Name: PutaansuuGary
Title: Project Manager, Principal,Transportation Engineer
Date: 11/14/2011 8:22:09 AM
Name: TaylorLisa
Title: Management/Budget Analyst ,Transportation Administr
Date: 11/17/2011 7:40:12 AM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 11/17/2011 10:17:53 AM
Name: AshtonHeidi
Title: Section Chief/Land Use- Transportation,County Attor
Date: 11/17/2011 1:28:05 PM
Name: KlatzkowJeff
Title: County Attorney,
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Date: 11/18/20114:30:50 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 11/28/20112:21:36 PM
Name: OchsLeo
Title: County Manager
Date: 11/29/20114:01:06 PM
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12/13/2011 Item 16.K.4.
12/13/2011 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,
vs.
NAPLES ESTATES LIMITED PARTNERSHIP,
an Oregon Limited Partnership, et al.
Respondents.
Case No.: 06- 1213 -CA
Parcel No.: 101
OFFER OF JUDGMENT
TO: Thomas R. Bolf, Esquire
RUDEN McCLOSKY, P.A.
P O Box 1900
Fort Lauderdale, Florida 33302
EXHIBIT
PETITIONER, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida
Statutes, and F1a.R.Civ.P. 1.442, does hereby make this binding Offer of Judgment in this action to
Respondent, NAPLES ESTATES LIMITED PARTNERSHIP, an Oregon Limited Partnership, 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 Parcel 101 in the total amount of Three Hundred Sixty -Eight Thousand Dollars and No /100
($368,000.00), which includes the amount of $332,400.00 which was deposited pursuant to the
Order of Taking dated November 21, 2006. This Offer of Judgment is subject to apportionment, if
any.
The following conditions apply to this offer:
1) County agrees to accept the existing surface drainage from the remainder property into
the County's system to maintain existing historical drainage flow;
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12/13/2011 Item 16.K.4.
2) County agrees to amend the construction plans to provide a driveway apron to the
maintenance driveway at its existing location; and
3) County agrees to allow the existing lift station to remain in its present location until the
earlier of the remainder tract is redeveloped with a use other than a mobile home park or the lift
station is replaced with a new lift station by owner. Access to the lift station will be from the
remainder tract.
There are no other 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 December, 2011.
OFFICE OF THE COUNTY ATTORNEY
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
(239) 252 -8400 - Telephone
(239) 252 -6300 - Facsimile
BY:
HEIDI ASHTON- CICKO, ESQUIRE
Florida Bar No. 966770
ATTORNEY FOR PETITIONER
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to the
person named above on this _ day of December, 2011 via regular United States Mail.
HEIDI ASHTON- CICKO, ESQUIRE
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