Agenda 10/28/2008 Item #16K 2
Agenda Item No. 16K2
October 28,2008
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to authorize an Offer of Judgment for Parcels 123 & 823 by Collier
County to property owner Rose Somogyi, Individually and as Trustee, in the lawsuit styled
CC v. John J. Yaklich, et aL, Case No. 03-2259-CA (Golden Gate Parkway Project 60027)
(Positive Fiscal Impact: If accepted, $57,232.65).
OBJECTIVE: That the Board of County Commissioners authorize and approve a proposed
Offer of Judgment for Parcels 123 and 823 by Collier County to property owner Rose Somogyi
(Respondent), in the lawsuit styled CC v. John J Yaklich, et al., Case No. 03-2259-CA (Golden
Gate Parkway Project 60027).
CONSIDERATIONS: Pursuant to statute, the County made its pre-suit offer to Rose Somogyi
in the amount of $14,300.00 for the taking of a Perpetual Non-exclusive Road Right-of-Way,
Drainage and Utility Easement, designated as Parcel 123, and a Perpetual Non-exclusive
Drainage Easement, designated as Parcel 823, comprising a total of 0.216 acres. This offer was
not accepted. On September 12, 2003, the trial court entered an Order of Taking on the Parcels
and the amount of $13,200.00 was placed in the Registry of the Court. This case has been set for
trial and continued. Respondent's appraiser has valued the take at $635,480.00, which includes
damages in the amount of $570,680.00.
The County Attorney's Office and staff would like to make an Offer of Judgment in the amount
of $56,505.00 for Parcels 123 & 823, which will expire in 30 days unless extended by the
County or accepted. If the owner then fails to recover an amount equal to or greater than this
sum at trial, she will be responsible for her defense costs after the offer expires. The specific
amount of the Offer of Judgment has been strategically calculated to persuade the owner and her
attorney to carefully assess her case before assuming the risk of the costs of trial. In the event
the County prevails at trial, the offer will provide the County with some significant cost savings.
Attached as Exhibit "A" is the proposed Offer of Judgment by the County to the owner.
If approved, and accepted by the owner, the County will pay the following costs:
Additional compensation for parcel: $43,305.00
* Attorney Fees: $13,927.65
Subtotal: $57,232.65
*Attorney's Fees are mandated by Section 73.092, Fla. Stat., and are based on 33% of the
difference between any settlement amount and the initial offer, i.e., 0.33 x $42,205.00
($56,505.00 - $14,300).
FISCAL IMPACT: Funds in the amount of $57,232.65 will come from the Gas Taxes and
Impact Fee. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATION: This item is legally sufficient for Board action. RNZ
Agenda Item No. 16K2
October 28, 2008
Page 2 of 6
RECOMMENDATION: That the Board of County Commissioners approve the making of
the attached Offer of Judgment for Parcels 123 and 823 to Respondent, and authorize payment of
$57,232.65 if offer is accepted.
PREPARED BY: Robert N. Zachary, Assistant County Attorney
CP:03-2259-CA;843
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Page I of 2
Agenda Item No. 16K2
October 28, 2008
Page 3 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K2
Meeting Date:
Recommendation to authorize an Offer of Judgment for Parcels 123 & 823 by Collier County
to property owner Rose Somogyi, Individually and as Trustee, In the lawsuit styled CC v.
John J. Yaklich, et aL Case No. 03-2259-CA (Golden Gate Parkway Project 60027) (Positive
Fiscal Impact If accepted, $57,232.65).
10/28/2008 9:0000 AM
Prepared By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
10/10/20089:30:50 AM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Services
Transportation Administration
1 Ot13/2008 2:42 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
10/14t2008 9:25 AM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TEeM-ROW
10t14/2008 2:55 PM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
10/14/20083:37 PM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
10/15/20082:19 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
10/16/2008 1 :04 PM
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
10t17/2008 7:37 AM
Approved By
John A. Yonkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
10118/200810:19 AM
file://C:\AgendaTest\Export\ 115-0ctober%2028, %202008\16.%20CONSENT%20AGEN...
10/22/2008
Page 2 of2
Agenda Item No. 16K2
October 28,2008
Page 4 of 6
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/21/2008 1 :50 PM
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Agenda Item No. 16K2
October 28, 2008
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. 03-2259-CA
v.
JOHN J. Y AKLICH, et al.,
Parcel(s): 123,823
Respondents.
/
OFFER OF JUDGMENT
TO: Vanessa Thomas, Esquire
Forman, Hanratty & Montgomery
723 East Ft. King Street
Ocala, FL 34471
Peter Flood, Esquire
125 North Airport Road
Naples, FL 34103-2308
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 the Respondent, ROSE SOMOGYI ("Responden!"), 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 Parcels 123 & 823 for the sum of
$56,505.00, which includes the amount of $13,200.00 deposited pursuant to the Order of Taking
dated September 12, 2003.
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 attorneys
fees and costs.
EXHIBIT "A"
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Agenda Item No. 16K2
October 28,2008
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 October, 2008.
DA TED this _ day of October, 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:
ROBERT N. ZACHARY
ASSIST ANT COUNTY ATTORNEY
Florida Bar No. 816604
ATTORNEY FOR PETITIONER
CP:03-2259-CA;R42
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