Agenda 09/29/2009 Item #16K 4
Agenda Item No. 16K4
September 29, 2009
Page 1 of 6
EXECUTIVE SUMMARY
Authorize the making of an Offer of Judgment to Respondent, Myrtle Cove, Inc., for Parcel
No. 801 in the amount of $2,000 in the lawsuit styled Collier County v. Myrtle Cove, Inc., et
al., Case No. 07-5038 (Lely Area Stormwater Improvement Project No. 511011) (Fiscal
Impact $1,000).
OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to
Section 73.032, Fla. Stat., to property owner, Myrtle Cove Inc., in the amount of $2,000 as full
compensation, excepting attorney's fees and costs, for condemnation of Parcel No. 801 in Collier
County v. Myrtle Cove, Inc., et al., Case No. 07-5038-CA, Le1y Area Stormwater Improvement
Project No. 511011.
CONSIDERA TIONS: Collier County has condemned a .38 acre parcel for stormwater
management (Parcel 801) from the property owner, Myrtle Cove, Inc. The County's initial
appraisal dated April 9, 2007, valued the taking at $1,000. The County offered the owner $1,000
as the County's statutory offer on May 4, 2007. The offer was not accepted. A second appraisal
dated March 24, 2008, reflects the same value of $1,000 for the take. An Order of Taking
hearing was held on April 7, 2008, and the County deposited the sum of $1,000 in the Court
Registry.
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The County Attorney's Office and staff would like to make an Offer of Judgment in the amount of
$2,000 as full compensation for Parcel 801, 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 $1,000, 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 $2,000 for Parcel 801, either through settlement or jury
verdict, the County will not be required to pay any costs incurred 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 attorney's fees, if the property owner accepts the offer, 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 calculated in good faith this offer of full compensation for the property interests taken.
This office considers the terms of the Offer of Judgment to be reasonable.
FISCAL IMP ACT: Funds in the amount of $1,000 from the Lely Area Stormwater
Improvement Project (Project No. 51101) to come from ad valorem taxes.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. RNZ
GROWTH MANAGEMENT IMPACT: None.
Agenda Item No. 16K4
September 29,2009
Page 2 of 6
Executive Summary
Page Two
RECOMMENDA TION: That the Board of County Commissioners approve the terms 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
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Page 1 of2
Agenda Item No. 16K4
September 29, 2009
Page 3 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16K4
Item Summary: Authorize the making of an Offer of Judgment to Respondent, Myrtle Cove, Inc., for Parcel
No. 801 in the amount of $2,000 in the lawsuit styled Collier County v. Myrtle Cove, Inc., et
aI., Case No. 07-5038 (Lely Area Stormwater Improvement Project No. 511011) (Fiscal
Impact $1,000).
Meeting Date: 9/29/2009 9:00:00 AM
Prepared By
Robert N. Zachary Assistant County Attorney Date
County Attorney County Attorney Office 9/16/20092:58:43 PM
Approved By -
Kevin Hendricks Right Of Way Acquisition Manager Date
Transportation Services TECM-ROW 9/16/20093:05 PM
Approved By
Heidi F. Ashton Assistant County Attorney Date
County Attorney County Attorney Office 9/16/2009 4:42 PM
Approved By
Robert N. Zachary Assistant County Attorney Date
County Attorney County Attorney Office 9/17/2009 9:09 AM
Approved By
Caroline Soto Administrative Assistant Date
Transportation Services Transportation Engineering and
Construction 9/17/2009 1 :02 PM
Approved By
Gerald Kurtz Senior Engineer Date
Transportation Services Storm water Management 9/17/20092:08 PM
Approved By
Najeh Ahmad Director Date
Transportation Services Transportation Engineering &
Construction Management 9/17/2009 3:45 PM
Approved By
Jeff Klatzkow County Attorney Date
County Attorney County Attorney Office 9/18/2009 1: 39 PM
Approved By
OMS Coordinator OMS Coordinator Date
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Agenda Item No. 16K4
September 29,2009
Page 4 of 6
County Manager's Office Office of Management & Budget 9/18/2009 3:46 PM
Approved By
John A. Yonkosky Director of the Office of Management Date
County Manager's Office Office of Management & Budget 9/18/20095:17 PM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
Board of County
Commissioners County Manager's Office 9/18/20096:08 PM
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Agenda Item No. 16K4
September 29, 2009
Page 5 of 6
IN THE CIRCIDT 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, INC., et aI., Parcel(s): 801
Respondents.
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OFFER OF JUDGMENT
TO: Myrtle Cove, Inc., a dissolved Florida corporation
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, MYRTLE
COVE, INC. ("Respondent"), in settlement of all Claims concerning Parcel Number 801, 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 801 for the sum of $2,000.00, subject to apportionment, if any, which includes
the amount of $1 ,000.00 deposited pursuant to the Order of Taking dated April 7, 2008.
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.
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Agenda Item No. 16K4
September 29,2009
Page 6 of 6
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 , 2008.
Dated this _ day of , 2008.
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 252-8400 - Telephone
(239) 252-6300 - Facsimile
BY:
.~ ROBERTN. ZACHARY
ASSISTANT COUNTY ATTORNEY
Florida Bar No. 816604
ATTORNEY FOR PETITIONER
CP:07-5038-CA;349
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