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Agenda 06/10/2008 Item #16K 5 Agenda Item No. 16K5 June 10. 2008 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to authorize an Offer of Judgment for Parcel 214 by Collier County to property owner, Rodolfo Mayor in the lawsuit styled CC v. Jose Munoz, et aL, Case No. 07- 2823-CA (Oil Well Road Project No. 60044)(Fiscal Impact: If accepted, $32,200). OBJECTIVE: That the Board of County Commissioners authorize and approve a proposed Offer of Judgment for Parcel 2]4 by Collier County to property owner, Rodolfo Mayor, in the lawsuit styled CC v. Jose Munoz, et al., Case No. 07-2823-CA. CONSIDERATIONS: On June 29, 2007, Collier County offered Respondent the sum of $51,300 to acquire fee simple interest in Parcel 214. Due to declining property values, Collier County deposited $18,000 on January ]5,2008, for the taking of Parcel 2]4, for purposes of acquiring right-of-way along Oil Well Road. The County Attorney's Office would like to make an Offer of Judgment in the amount of $32,200 for Parcel 214, which will expire in 30 days unless extended by the County or accepted. If the owner fails to recover an amount equal to or greater than these sums at trial, he will be responsible for his costs after the offer expires. This will require that the owner carefully assess his case. Attached is the proposed Offer of Judgment by County to the owner. If approved, and accepted by the owner, the County will pay the following costs: Additiona] Compensation: Attorneys Fees: TOTAL $32.200 $ 00 $32,200 FISCAL IMPACT: Funds in the amount of$32,200 are availab]e in the FY08 adopted budget. Source of funds are Impact Fees and/or Gas Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDA TION: That the Board of County Commissioners: I. Approve the making of the attached Offer of Judgment for Parcel 214 to Rodolfo Mayor, and authorize the payment of funds, if offer is accepted. PREPARED BY: Ellen T. Chadwell, Assistant County Attorney CP:07-2823-CA:1985 - Page I of2 Agenda item No. 16K5 June 10.2008 Page 2 of5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K5 Item Summary: Recommendation to authorize an Offer of Judgment for Parcel214 by Collier County to property owner, Rodolfo Mayor In the lawsuit styled CC v Jose Munoz, et al.. Case No 07- 2823~CA (Oil Well Road Project No 60044)(Fiscallmpact: If accepted, $32.200). 6/10/2008 900.00 AM Meeting Date: Prepared By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 5/28/2008 9:32;00 AM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 51281200811 :02 AM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 5/26/20085:17 PM Approved By Najeh Ahmad Director Date Transportation Services Transportation Engineering & Construction Management 5129120088:58 AM Approved By Jeff KlatzKow Assistant County Attorney Date County Attorney County Attorney Office 5129120089,36 AM A pp roved By Kevin Hendricl:s Right Of Way Acquisition t-Jianager Date Transportation Services TEeM-ROW 5129120082:41 PM Approved By Usa Taylor Management/Budget Analyst Date Transportation Services Transportation Administration 5129120063:09 PM Approved By OMB Coordinator OMS Coordinztor Date County Manager's Office Office of Management & Budget 5!30f2D08 9:45 AM Approved By Susan Usher Senior ManagemenUBudget Analyst Date County Manager's Office Office of Management & Budget 612120086:53 PM iile://C:\AgendaTest\ExDort\ 1 09-June%20 10,%202008\ 16,%20CONSENT%20AGENDA \16", 6/4/2008 Page 2 01'2 {:"gf;i]::.:a Ilsm t\jo. 'i 6f<5 JJ:i8 10. 20C'8 Paj8 3 of 5 Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 6/3/20085:27 PM .f:l"".//r.\ ^ ""'....rJ,-,TC>d\ J:'v..........t\ 1 no 1,'r\L-"O/~ ')() 1 () o,~"n,()()Q\ 1 h. o/~,()r'n1\.lCJ..:'1\.tTO/~ ')n ^ r:.J:'1\.ln ^ \ 1 h. t:./,1!'l()(\Q Agenda item No. 16K5 June 10, 2008 Page 4 of 5 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. 06-0548-CA v. JOSE MUNOZ et al., Parcel(s): 214 Respondents. / OFFER OF JUDGMENT TO: Rodolfo Mayor c/o Bella Y. Patel, Esq. Law Office of Bella Y. Patel, P.A. 13026 Waterford Run Drive Riverview, Florida 33569 Petitioner, COLLIER COUNTY, FLORlDA, 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, RODOLFO MAYOR ("Respondent"), 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 214 in the total amount of Thirty-Two Thousand Two Hundred and No/lOO Dollars ($32,200.00), which includes the amount of $18,000 deposited pursuant to the Order of Taking dated January 4, 2008. There are no non-monetary terms or other relevant conditions to this offer, except that this offer is exclusive of attorney's fees and costs. 1 !Ism Ho. 1 '3~<5 ~j ~1ne 10, 2\);)8 P3;JC 5 of 5 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. Dated this _ day of June, 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: ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 ATTORNEY FOR PETITIONER 07-2823-CAlI9H6 2