Agenda 03/11/2008 Item #16K 1
Agenda Item No. 16K1
March 11, 2008
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to accept an Offer of Judgment in the amount of $16,000 for the taking of
Parcel 143 in the lawsuit styled Collier County v. Charles R. Wilson, et aL, Case No. 02-5164-
CA (Immokalee Road, Project No. 60018). (Fiscal Impact: $4,521.00)
OBJECTIVE: That the Board of County Commissioners accept an Offer of Judgment made by
Respondents, James and Esther Swigert ("Respondents"), in the amount of $16,000, as full
compensation, exclusive of attorney's fees and costs, for the condemnation of Parcel 143 in
Collier County v, Charles R, Wilson, et at" Case No. 02-5 I 64-CA (Immokalee Road Project No.
60018).
CONSIDERATIONS: In May, 2003, Collier County deposited $12,700 into the Court Registry
and acquired title to Parcel 143 in accordance with the Order of Taking entered on May 13,
2003. On September 23,2004, this Board approved the making of an Offer of Judgment by the
County in the amount of $15,240, Respondents have made an Offer of Judgment pursuant to s.
73,032, Fla. Stat., to the County in the amount of$16,000, as full compensation for the property
taken, exclusive of attorney's fees and costs, See attached Offer. This sum is only $760 above
the County's own previously approved otTer (although it should be noted that expert witness fees
are not included). If the County should reject this offer and the Respondents obtain a verdict
equal to or greater than $16,000, the County will have to pay Respondents' attorney's fees,
Consequently the County Attorney's Office and staffrecommend acceptance.
Should the County accept, the County will be required to pay as follows:
. Additional Compensation for Parcel
. Statutory Attorney's Fees*
TOTAL COST:
$,3,300.00
$ 1.221.00
$ 4,521.00
* Attorney's Fees are mandated by S 73.092, FS., and are based on 33% of the difference
between settlement amount and the initial offer, i.e., 0.33 X ($16,000 - $12,300).
FISCAL IMPACT: Funds in the amount of $4,521.00 are available in the FY 2008 adopted
budget. Source of funds are Gas Taxes and/or Impact Fees.
GROWTH MANAGEMENT IMPACT: None,
RECOMMENDATION: That the Board of County Commissioners:
I. Authorize acceptance of Respondents Offer of Judgment in the amount of $16,000;
2, Approve the expenditure of funds as stated above; and
3. Authorize entry of a Stipulated Final Judgment and expenditure of the funds, including
the attorney's fees, as stated herein,
PREPARED BY: Ellen T. Chadwell, Assistant County Attorney
02.0235
Page lof2
Agenda Item No. 16K1
March 11, 2008
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K1
Meeting Date:
Recommendation to accept an Offer of Judgment in the amount of $16,000 for the taking of
Parcel 143 in the lawsuit styled Collier County y, Charles R. Wilson, et ai" Case No. 02~
5164-CA (Immakalee Road, Pro)eel No. 60018) (Flseallmpaet: $4,52100)
3/11/2008 90000 AM
Prepared By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
2/22120084:31:12 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM,ROW
2/25/20082:37 PM
Approved By
Norm E. Feder. AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
2/25/200810:55 AM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
2/26/20083:20 PM
Approved By
Lisa Tay lor
Management/Budget Analyst
Date
Transportation Services
Transportation Administration
2/26/20083:35 PM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
2/27/20083:31 PM
Approved By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
2/27120083:47 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
2/27120084:40 PM
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
2/28/20088:12 AM
file:IIC:\AgendaTest\Export\ 1 02-March%2011 ,%202008\ 16.%20CONSENT%20AGENDAII... 3/5/2008
Page 2 of2
Agenda Item No. 16K 1
March 11, 2008
Page 3 of 4
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
2/29/200811 :25 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
3/4/20084:42 PM
file:/IC:\AgendaTest\Export\l 02-March%2011 ,%202008\16.%20CONSENT%20AGENDA\I.., 3/5/2008
Agenda Item No. 16K1
March 11, 2008
Page 4 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.:
02-5 I 64-CA
143
vs,
CHARLES R. WILSON, et al.
Respondents.
/
RESPONDENT'S OFFER OF JUDGMENT
Respondents, JAMES L. SWIGERT AND ESTHER E. SWIGERT, 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 makes the following Offer of Judgment to Petitioner, COLLIER COUNTY, in
the amount of$16,000.00, 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,
Naples, FL 34112, on this..l1 clay of February, 2008.
ROETZEL & ANDRESS
A Legal Professional Association
2320 First Street, Suite 1000
Fort Myers, FL 3901
Telephone: (23 ) 337-3850
Facsimile: (2 ) 337-0970
By:
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