Agenda 04/08/2008 Item #16K 1
Agenda Item No. 16K1
April 8, 2008
Page 1 of 5
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EXECUTIVE SUMMARY
Recommendation to reject the Offers of Judgment to the County in the lawsuit styled CC v.
Edward Stanely Sanditen, et al., Case No. 02-5165-CA (Immokalee Road Project No. 60018)
OBJECTIVE: That the Board of County Commissioners reject the two Offers of
Judgment made by Respondents, Roger and Coleen Sharpe, and Roy David Hilberg, in the
lawsuit styled CC v. Edward Stanley Sanditen, etal., Case No. 02-5] 65-CA
CONSIDERATIONS: On May 29, 2003, Collier County acquired right of way from
owner/Respondents, Roger and Coleen Sharpe, and Roy David Hilberg, designated as Parcel
141, and ]40A/B, respectively, by depositing $] 1,000 and $52,200 into the Court's registry. ]n
September, 2004, the County made Offers of Judgment to each of these Respondents to settle
Parcels 14] and 140A/B for $13,200 and $60,030, respectively. These offers were rejected.
Because of their rejection, the owners must now recover a sum greater than the County's offer or
pay for all costs incurred after October, 2004, which are currently in excess of $10,000.
On February 13, 2008, Respondents, Sharpe, and Respondent, Hilberg, made reverse Offers of
Judgment to the County in the amount of $24,000 for Parcel 141 and $70,000 for Parcels ]40A
and B. See attached Offers of Judgment. (An extension of time to March 26, 2008, was granted
by Respondents' counscI to allow County time to evaluate and obtain Board approval or
rejection of the offer.) If Respondents recover an amount equal to or greater than their offer, the
County will be required to pay their attorney's fees; therefore, the risk of Respondents obtaining
a jury award equal to or greater than $24,000 and $70,000 must be carefully weighed.
Moreover, if the County accepts these offers, it will have to pay all reasonable costs, thereby
losing the cost-shifting benefit of its previous OJs. Based on these various considerations,
County staff and the Office of County Attorney recommend that these offers be rejected by the
Board
Attached are the two Offers of Judgment.
FISCAL IMPACT: If the Board rejects the offer there will be no fiscal impact.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners reject the Offers of
Judgment made by Respondents, Sharpe and Hilberg.
PREPARED BY: Ellen T. Chadwell, Assistant County Attorney
Agenda Item No. 16K1
April 8, 2008
Page 2 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,
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Petitioner,
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CASE NO.:
Parcel No.:
02-5165-CA
l411S harpe
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vs.
EDWARD STANLEY SANDlTEN et a!.
Respondents.
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RESPONDENT'S OFFER OF JUDGMENT
Respondents, ROGER A. SHARPE AND COLEEN SHARPE , by and through their
undersigned counsel and pursuant to Section 73.032, Florida Statutes, and the procedure set forth in
Fla.R.Civ.P. 1.442, hereby make the following Offer of Judgment to Petitioner, COLLIER COUNTY, in
the amount of$24,000.00, to settle all pending claims with that party, excluding all attorney's fees, expert
witness fees and costs.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the above and foregoing was
furnished by U.S. Mail to Ellen T. Chadwell, Esq., Hannon Turner Building, 3301 E. Tamiami
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Trail, Naples, FL 34112, on this \:} , day of February, 2008,
ROETZEL & ANDRESS
A Legal Professional Association
2320 First Street, Suite 1000
Fort Myers, FL 3390 I
Telephone: (239) 337-3850
Facsimile: (239) 337-0970
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By'. \1..- 1,1,.\.,1,\ / \<.(
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Kenneth A. Jones
'~'F]orida Bar No. 0200158
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Agenda Item No. 16K 1
April 8, 2008
Page 3 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.:
Parcel No.:
02-S165-CA
140A & 140B/Hilberg
vs.
EDWARD STANLEY SANDITEN et al.
Respondents.
I
RESPONDENT'S OFFER OF JUDGMENT
Respondent, ROY DAVID HILBERG, by and through his undersib'11ed counsel and pursuant to
Section 73.032, Florida Statutes, and the procedure set forth in Fla.R.Civ.P. 1.442, hereby makes the
following Offer of Judgment to Petitioner, COLLIER COUNTY, in the amount of$70,000.00, to settle all
pending claims with that party, excluding all attorney's fees, expert witness fees and costs.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished, by
regular U.S. Mail to Ellen Chadwell, Office of the County Attorney, 3301 Tamiami Trail East,
tAt.
Naples, FL 34112, on this -J' day of February, 2008.
ROETZEL & ANDRESS
A Legal Professional Association
2320 First Street, Suite 1000
Fort Myers, FL 3390 I
Telephone: (239) 337-3850
Facsimile: (239) 337-0970
II,. .(> ',."
\, \ ~'.J.r.. '-. I ) .<
Kenneth A. Jones
Florida Bar ]0.;0.0200158
By:
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Page] of2
Agenda Item No. 16K1
April 8, 2008
Page 4 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K1
Meeting Date:
Recommendation to reject the Offers of Judgment to the County in the lawsuit styled CC v.
Edward Stanely Sand/ten. et aI., Case No. 02-5165-CA (Immokalee Road Project No. 60018)
4/8/2008900:00 AM
Prepared By
Ellen T, Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
3/12/2008 11 :26:53 AM
Approved By
Lisa T ay lor
ManagemenUBudget Analyst
Date
Transportation Services
Transportation Administration
3/12/2008 2:43 PM
Approved By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
3/12/20083:41 PM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
3/12/20083:56 PM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
3/19/20083:43 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM-ROW
3/24/2008 5:40 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
3/25/20089:53 AM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
3/26120084:32 PM
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Information Techno!ogy
3/27/20081 :58 PM
Approved By
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Page 20f2
,L\.genda Itsm No. 16K 1
April 8, 2008
Page 5 of 5
John A. Yonkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
3/27/20083:10 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
3/29120084:29 PM
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