Agenda 07/28/2009 Item #16K 3EXECUTIVE SUMMARY
Authorize the making of an Offer of .Judgment to Respondent, Waterways .Joint Venture,
1V, for Parcel No. 178RDUE in the amount of $5,040 in the lawsuit styled Collier Courrt.1, v.
.large .4. Rom «
ero, et al., Case No. 07- 2681 -CA (Oil 'ell Road Project No. 60044) (Fiscal
Impact S840).
OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to
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amount of 55,040, as full compensation, exceptin g attorney's fees and costs, for condemnation of
Parcel No. 178RDUE in Collier County v, .lone .4. Romero, Inc., el al., Case No, 007 - 7.681 -CA,
Oil Well Road Project No. 60044.
CONSIDERATIONS: Collier County has condemned a .121 acre parcel for perpetual, non-
exclusive road right -of- -way, drainage and utility cascrient (Parcel 178P.DUE) from the property
owner, Waterways .Joint Venture, IV. The parent tract is vacant and 75 feet by 680 feet. The
County's initial appraisal dated February 9, 2007, valued the taking at 59,000. The County
offered the owner 511,980 as the County's statutory offer on .tune 29, 2007. The offer was not
accepted. A second appraisal dated November 2, 2007, reflects a reduction in the value of Parcel
178RDUE to $4,200. An Order of Taking hearing was held on January 4, 2008, and the County
deposited the sum of 54,200 in the Court Registry.
The County Attorney's Office and staff .vould like to inalse an Off' -r of Judgment in the amount
of 55.040 as full compensation for Parcel 1 78RDUF, less attorney's secs, expert fees and costs,
;which will expire in 30 days unless extended by the County or accepted. If the property owner
accepts the offer, the County will be required to pay an additional 5840, which xvill be paid to the
property owner by Stipulated Final Judglllent of the court. if the property owner rejects the offer
and fails to recover more that) `5,040 liar Parcel 178RDUE, either throwuh settlement or jur v
verdict, the County «will not be required to }gay any costs incurred by the property owner after the
date of the offer's rejection. This ',would include any expert witness lees, such as appraisal fees.
The County Attorney's Office has revic�,vcd all considerations in rnakin- an Offer of .Judgment
and has calculated in good faith this offer of full compensation fir the property interests taken.
This office considers the terms of the Offer of .iud,rnlent to be reasonable.
FiSCAL IMPACT': Funds in the amount of$S40 are available f-om gas taxes and impact ices.
Source of funds are Gras Taxes and Impact Fees.
LEGAL CONSIDERATIONS: This item has been prepared by the County Attorney's Office
- IS read }' tClr L;C1aI'd ACtIC?I). '1 hIS rS a ;`euU"La' i"cnl requlrin(.4 a srrntlIc ni - "Cl1`Itl' vOtE . ii" t
GROW'11-1 MANAGEMENT IMPACT: Nonc.
P W
Executive Summary
Page Two
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the terms of the Offer of Judgment and authorize its service on the property
owner;
2. Approve the expenditure of funds as stated, if the offer is accepted.
Prepared by: Robert N. Zachary, Assistant County Attorney
07-2681 -CA,263
2
PaL,e I o 1, 2
COLLIER COUNTY
Item Number:
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Page 2 of 2
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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.
V.
Case No. 07- 2681 -CA
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Respondents.
OFFER OF ,TUDGMENT
TO: Waterways Joint Venture IV,
c/o Matthew Jackson, Esquire
Goodlette Coleman & Johnson, P.A.
4001 Tamiami Trail. N. Suite 300
Naples, FL 34103
Petitioner, COLLIER COUNTY, pursuant to Section 73.032, Florida Statutes, and Fla. R.
Civ. P. 1.442, does hereby make this binding offer of judgment in the Oil Well Road Project No.
60044 to the Respondent, WATERWAYS JOINT VENTURE, IV ('Respondent "), in settlement
of all Claims concerning Parcel Number 178RDUE, 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 arising out of the taking of Parcel 178RDUE for the sum of
55,040.00, which includes the amount of $4.200.00 deposited pursuant to the Order of Taking
dated January 4, 2008.
There are no non - monetary terms or other relc,,ant 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.
I
i
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 review upon reasonable notice
of such a request.
This Offer of Judgment was approved by the Board of County Commissioners on the
day of
2009.
Dated. this day of .1009,
CP:03-2499-CA;914
OFFICE OF THE COUNTY ATTORNEY
Hannon Turner Building
3301 East Tarniami Trail
Naples, Florida 34112
(239) 252-8400 — Telephone
(239) 252-6300 — Facsimile
BY
ROBERT M ZACHARY
ASSISTANT COUNTY ATTORNEY
Florida Bar No. 816604
ATTORNEY FOR PETITIONER