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Agenda 04/08/2008 Item #16K 3 Agenda Item No. 16K3 April 8, 2008 Page 1 of 4 -~..~ EXECUTIVE SUMMARY Recommendation to reject the Offer of Judgment to the County in the lawsuit styled CC v. Juan Ramirez, et aI., Case No. 02-S166-CA (Immokalee Road Project No. 60018) OBJECTIVE: That the Board of County Commissioners reject the Offer of Judgment made by Respondents, Lewis R. King and Margaret Jean King, in the lawsuit styled CC v. Juan Ramirez, et al., Case No. 02-5 1 66-CA CONSIDERA TIONS: On May 29, 2003, Collier County acquired right of way from owner/Respondents, Lewis R, and Margaret Jean King, designated as Parcel 164 by depositing the sum of$15,100 into the Court's registry. This equates to $25,000 an acre for the land taken. In September, 2004, the County made an Offer of Judgment to these Respondents to settle Parcel 164 for $18,120. This offer was rejected. Because of their rejection, the owners must now recover a sum greater than the County's offer or pay for all costs they incur after October, 2004, which are currently in excess of $6,000. On February 13, 2008, Respondents, King, made a reverse Offer of Judgment to the County in the amount of$33,884 for Parcel 164. See attached Offer of Judgment. This amounts to roughly $56,000 an acre for the land taken, and more than double the County's unit value of$25,000. 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 $33,884 must be carefully weighed. Moreover, if the County accepts this offer, it will have to pay all reasonable costs, thereby losing the cost-shifting benefit of its previous OJ. Based on these various considerations, County staif and the Office of County Attorney recommend that this offer be rejected by the Board. Attached is the Offer of Judgment. FISCAL IMPACT: If the Board rejects the otfer there will be no fiscal impact. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners reject the Offer of Judgment made by Respondents, King. PREPARED BY: Ellen T. Chadwell, Assistant County Attorney Aoenda Item No. 16K3 - Ap~8, 2008 Page 2 of 4 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- 51 6G-CA 1 64/King vs. JUAN RAMIREZ, et al. Respondents. I RESPONDENT'S OFFER OF JUDGMENT Respondents, LEWIS R. KING AND MARGARET JEAN KING, 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$33,884.00, 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, Naples, FL 34112, on this n day of February, 2008. ROETZEL & ANDRESS A legal Professional Association 2320 First Street, Suite 1000 Fort Myers, FL 3901 Telephone: (2 9) 337-3850 Facsimile: 9) 337-0970 th A. Jones a Bar No. 0200158 By: , Page 1 0 f 2 AgenG8 It8n1 No. 16K3 .A.pcil 8, 2008 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K3 Item Summary: Recommendation 10 reject the Offer of Judgment to the County in the lawsUit styled CC v Juan Ramirez, et aI., Case No 02-5166-CA (Immokalee Road Project No 60018) 4/8/200890000 AM Meeting Date: Prepared By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 3/12/200811:51:16 AM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 3/12/20083:43 PM Approved By Sharon Newman Accounting Supervisor D3te Transportation Services Transportation SerViC'35 Admin 3/12/20084:28 PM Approved By Usa Taylor fJ'ianagemenU8udget Ar.al}'st Cate Transportation Services Transportation Administration 3/12/20084:23 PM Approved By Najeh Ahmad Director Date Transportation Services Transportation Engineering & Construction tJ'lanagement 3/19/20083:46 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TEeM-ROW 3/24/2008 5:39 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 3/25/2008 9:56 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County A ttorney Office 3f26/200B 4:34 PM Approved By OMS Coordinator Applic3tions Analyst Date Adrninisttdi.ive St:!fyit;es inforrnation Technology 3/27i2008 2:16PM Approved B}' file://C:\AuendaTesl\ExDOI1\ 1 04-Aoril%208.%202008\ 16.%20CONS ENT%20AGENDA \ 16... 4/2/2008 Page 20f2 Agenda Item No. 16K3 April 8, 2008 Page 4 of 4 John A. Y onkosky Director of the Office of Management Date County Manager's Office Office of Management & Budget 3/27/20083:11 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 3/29/20084:36 PM file://C:\AgendaTcst\Export\] 04-Aoril%208.%202008\ l6.%20CONSENT%20AGENDA \ 16... 4/2/2008