Loading...
Agenda 12/15/2009 Item #16K 1 Agenda Item No. 16K1 December 15, 2009 Page 1 of 6 EXECUTIVE SUMMARY Authorize the making of an Offer of Judgment to Respondent, Platinum Coast Financial Corp., for Parcel No. 825 in the amount of $79,250 ill the lawsuit styled Collier County v. Myrtle Cove, Inc., et al., Case No. 07-5038 (Lely Area Stormwater Improvement Project No. 51101.1) (Fiscal Impact $21,350). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to property owner, Platinum Coast Financial Corp., in the amount of $79,250 as full compensation, excepting attorney's fees and costs, for condemnation of Parcel No. 825 in Collier County v. Myrtle Cove. Inc.. et 111" Case No. 07-5038-CA, Lely Area Stormwater Improvement Project No. 51101.1, CONSIDERATIONS: Collier County has condemned a .69 acre parcel for a perpetual non- exclusive access drainage and maintenance east,ment (Parcel 825) from the property owner, Platinum Coast Financial Corp. The County's initial appraisal dated August 30, 2006, valued the taking at $74,500. The County ofTered the owner $78,250 as the County's statutory offer on November 27, 2006. The ofTer was not accepted. A second appraisal dated March 24, 2008, reflects a reduction in value to $57,900 IllT the take. A Stipulated Order of Taking was entered on April 7, 2008, and the County deposited the sum of$57,900 in the Court Registry, - The County Attorney's Offiee and stafT would like to make an OfTer of Judgment in the amount of $79,250 as full compensation for Parcel 825, excluding attorney's fees, expert fees and costs, which will expire in 30 days unless extended by the County or accepted. Ifthe property owner accepts the offer, the County will be required to pay an additional $21,350, 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 $79,250 lor Parcel 825, either through settlement or jury verdict, the County will not be required to pay any costs ineurred 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 attomey's fees, if the property owner accepts, the attorney is entitled to a fee based on benefit achieved pursuant to Section 73.092, Fla. Stat. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has ealculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer ofJudgment to be reasonable. FISCAL IMPACT: Funds in the amount of $21,350 from the Lely Area Storn1water Improvement Project (Project No. 51101.1) to come li'om ad valorem taxes, LEGAL CONSIDERATIONS: This item is legally sufficient lor Board action. RNZ GROWTH MANAGEMENT IMPACT: None. - Agenda Item No. 16K 1 December 15, 2009 Page 2 016 RECOMMENDA nON: That the Board of County Commissioners approve the tern1S of the Offer of Judgment and authorize its service on the property owner and the expenditure of funds as stated, if the offer is accepted. Prepared by: Robert N. Zachary, Assistant County Attorney CP:07-5038-CA;352 2 Agenda Item No. 16K1 December 15, 2009 Page 3 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date: 16K1 Authorize the making of an Offer of Judgment to Respondent, Platinum Coast Financial Corp., for Parcel No. 825 in the amount of $79,250 in the lawsuit styled Collier County v. Myrtle Cove, Inc., et aI., Case No. 07-5038 (Lely Area Stormwater Improvement Project # 511011) (Fiscal Impact $21,350), 12/15/20099:00:00 AM Item Number: Item Summary: Prepared By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney 11/23/200911:45:31 AM Approved By Caroline Soto Management/Budget Analyst Date Transportation Division Transportation Administration 11/23/20092:28 PM Approved By Heidi F. Ashton Section Chief/Land Use~Transportatlon Date County Attorney County Attorney 11/23/20094:14 PM Approved By Gerald Kurtz Project Manager, Principal Date Transportation Division Transportation Road Maintenance 11/23/20094:53 PM Approved By Kevin Hendricks Manager - Right of Way Transportation Engineering & Construction Management Date Transportation Division 11/30/20093:14 PM Approved By Norm E. Feder, A1CP Administrator. Transportation Date Transportation Division Transportation Administration 12/1/2009 11 :13 AM Approved By Najeh Ahmad Director. Transportation Engineering Transportation Engineering & Construction Management Date Transportation Division 12/1/20091 :30 PM Approved By Therese Stanley Manager - Operations Support - Trans Date Transportation Division Transportation Administration 12/1/20093:28 PM Approved By Robert N. Zachary Assistant County Attorney Date Agenda Item No. 16K 1 December 15, 2009 Page 4 of 6 County Attorney County Attorney 12/2/2009 1 :54 PM Approved By Jeff Klatzkow County Attorney Date 12/2/2009 2:47 PM Approved By OMS Coordinator Date County Manager's Office Office of Management & Budget 12/3/20092:53 PM Approved By Susan Usher ManagemenUBudget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 12/4/20091 :29 PM Approved By Mark Isackson Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 12/4/20093:27 PM Agenda Item No. 16K1 December 15, 2009 Page 5 of 6 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. 07-5038-CA v. MYRTLE COVE, INe" et aI., Parcel(s): 825 Respondents. / OFFER OF JUDGMENT TO: Platinwn Coast Financial Corp c/o Kenneth A. Jones, Esquire Roetzel & Andress, LP A 2320 First St, Suite 1000 Fort Myers, FL 33901 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 the Lely Area Stormwater Improvement Project, Project Number 511011, to the Respondent, PLATINUM COAST FINANCIAL CORP. ("Respondent"), in settlement of all Claims concerning Parcel Nwnber 825, for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, statutory interest and any other claims of Respondent(s) arising out of the taking of Parcel 825 for the sum of $79,250.00, which includes the amount of $57,900.00 deposited pursuant to the Stipulated Order of Taking dated April 7,2008. This amount is subject to apportionment, if any. I J Agenda Item No. 16K1 December 15, 2009 Page 6 of 6 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 specifications for the project on which the offer is based have been previously and continue to be available for the Respondent's rcview upon reasonable notice of such a request. This Offer of Judgment was approved by the Board of County Commissioners on the _ day of ,2009. Datcd this _ day of ,2009. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 341 12 (239) 252-8400 - Telephone (239) 252-6300 - Facsimile ~~: ROBERT N. ZACHARY ASSISTANT COUNTY ATTORNEY Florida Bar No.8 I 6604 A TTORNEY FOR PETITIONER CP:07-5038-CA:351 2