Agenda 03/25/2008 Item #16K 1
,'Igenda Item No, 16K1
March 25, 2008
Page 1 of 6
Executive Summary
Recommendation to Authorize the Making of an Offer of Judgment to Respondent, Rose
Somogyi, for Parcels 123 and 823 in the Amount of $47,499.00 iu the Lawsuit Styled Collier
County 1'. John J. Yllklich, et al., Case No. 03-2259-CA, Golden Gate Parkway Projeet #60027
(Fiseal Impact: $45,405.00 if offer is aecepted).
OB,IECTIVE: Approve and authorize the making of an Offer of Judgment pursuant to Section
73,032, Fla, Stal" to Respondent, Rose Somogyi, in the amount of$47,499,00 as full compensation,
excepting attoll1ey's fees and costs, for the acquisition arising out of the condemnation of Parcels
123 and 823 in Collier CO/lnly v, JO/1I1 J Yaklich, el a/', Case No, 03-2259-CA (Golden Gate
Parkway Project #60027),
CONSIDERATIONS: On September 25, 2003, Collier County deposited $13,200,00 into the
Court Registry and acquired title to Parcels ] 23 and 823 in accordance with the Order of Taking
entered on September 12. 2003, The County has made three previous Offers of Judgment which
have been rejected by the Respondent The paJiies failed to settle this case at mediation, and this case
is expected to go to tria] this summer. The County Attmlley's Onlee would like to make another
Offer of Judgment, to try to reduce its exposure to costs, in tbe amount of $47,499,00 as full
compensation for thc propeliy taken, including interest and all damages, The proposed Offer of
Judgment is attached, Tbe making of the Offer of Judgment will require the Respondent to eardully
assess her claims within 30 days, Respondent will he1\e thiliy days from the date ofmai]ing the otTer
to accept If the ofTer is rejected alld Respondent lili!s to recover more than $47.499,00 for Paree]s
123 and 823, either through settlement or jury \.erdiet, the County will 1I0t be required to pay any
costs inculTed by Respondent aftcr the date of the olTer's rejection,
Should the Respondent accept, the County will be required to pay as f()llows:
. Additional Compensation for Parccl:
. Clerk's Service Fee
. Statutory Attorney's Fees*:
$34,299,00
$ 150,00
S I 0,956,(JO
TOTAL COST:
545,405,(JO
"Attorney's Fees are mandated by Section 73,092, Fla, Slat., and are based on 33% of the difference
between any settlement amount and the initial offer. i,e" 0,33 x 533,199 ($47,499 - $] 4,3(0),
FISCAL IMPACT: Funds in the amount of 545,405,00 are available from the TranspOJiation
Road Suppolied Gas Tax and Impact Fee FUllds, Source of funds are Gas Taxes and Impact Fees,
GROWTH MANAGEMENT IMPACT: None,
RECOI\1MENDA TlON: That the Board of County Commissioners:
]. /\.pprovc and authorize service of the Offer of Jud6mcnt;
2, Approve entry of a Stipulated Fina] Judgment and expenditure of the funds, should the offer
be accepted,
,A,ganda Item No. .16K 1
March 25, 2008
Page 2 of6
PREP ARED BY: Heidi ,-'\shton-Cicko, Assistant County Altomcy
,'Igenda Item No, 16K 1
March 25, 2008
Page 3 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,
Case No,: 03-2259-CA
Petitioner,
Parcel Nos.: 123 & 823
vs.
JOHN J, Y AKLICH, et aI.,
Respondents,
I
OFFER OF JUDGMENT
TO: Vanessa Thomas, Esquire
FORMAN, HANRATTY & MONT GOMER Y
p, 0, Box 159
Ocala, FL 34478
PETITIONER, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Fla, Stat., and
Fla,RCiv,P, 1,442, does hereby make this binding Offer of Judgment in this action to Respondent,
ROSE SOMOGYI ("Respondent"), for all compensation, including severance damages, statutory
interest, business damages, costs to cure, together with the value of the taking, and any other claims
of Respondent arising out of the taking of Parcels 123 and 823, in the total amount of Forty-Seven
Thousand Four Hundred Ninety-Nine Dollars and Noll 00 Dollars ($47,499.00), which includes
the amount of $13,200,00 which was deposited pursuant to the Order of Taking dated September
12, 2003,
All compensation paid in accordance with this offer will be subject to the apportionment
claims, if any.
There are no other non-monetary terms or other relevant conditions to this offer except that
this offer does not include attomey's fees and costs,
l\'genca item !\jo. 16K 1
March 25, 2008
Page 4 Df 6
The construction plans and specifications for the project on which the offer is based have
been prcviously and continue to be made available for the Respondent(s) rcview upon reasonable
notice of such a rcquest
Dated this
day of
,2008.
OFFICE OF THE COUNTY ATTORNEY
Hannon Turner Building
3301 East Tarniami Trail
Naples, Florida 34112
(239) 252-8400 - Telephone
(239) 252-6300 - Facsimile
BY:
HEIDI ASHTON-CICKO, ESQUIRE
F]orida Bar No, 0966770
ATTORNEY FOR PETITIONER
~
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of thc foregoing has been furnished to
Vanessa Thomas, Esquire, FORMAN, HANRATTY & MONTGOMERY, p, 0, Box 159, Ocala,
FL 34478 on this _ day of __.. , 2008 via regular United States Mail.
HEIDI ASHTON-CICKO, ESQUIRE
2
Page I 01'2
Agenda Item No, i6K 1
March 25, 2008
Page 5 of 6
COLLIER COUNTY
BOARD DF COUNTY COMMISSIONERS
Item Number:
16K1
Item Summary:
Recommendation to Authorize the Making of an Offer of Judgment to Respondent, Rose
Somogyi, for Parcels 123 and 823 in the Amount of $47,499.00 in the Lawsuit Styled Collier
County v. John J. Yaklich, et aI., Case No. 03-2259+CA, Golden Gate Parkway Project
#60027 (Fiscallmpac!: $45,40500 if offer IS accepted),
3/25/2008 9:0000 AM
Meeting Date:
Prepared By
Heidi F. Ashton
Assistant County Attorney
Date
County Attorney
County Attorney Office
3/6/20089:13:56 AM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TEeM-ROW
3/10/20082:00 PM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
3/10/20083:20 PM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Services
Transportation Administration
3/11/200811:07 AM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
3/11/200811:23 AM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
3/12/20083:29 PM
Approved By
Jeff Kfatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
3112/20084:32 PM
Approved By
OMS Coordinator
ApplicaUons Analyst
Date
Administrative Services
Information Technology
3/13/20088;40 t\M
Approved By
Sus:::m Usher
Senicr Managemf:nt/Budget AiOafyst
"'-,-
Welle'
County Manager's Office
Office of M~lI1agement & Budget
3/17/20087:17 PM
file://C:IAgendaTestIExnortll 01-M8rcb%202:i,%20200RI 1 n.%20CONSENT%)()A(;ENDA I
1/191?OOR
Page 2 of 2
!!ei'n t'-Jo. 1'3K1
March 25, 20G3
Page 6 of 6
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
3/18/20085:03 PM
file://C:\AuendaTest\ExDort\ 1 03-Mareh%2025,%202008\ 16, %20CONSENT%,20AGENDA \,,' 3/19/2008
1