Agenda 07/28/2009 Item #16K 2EXECUTIVE SUMMARY
Authorize the making of an Offer of Judgment to Property owner, 524 Broadway
Company, L.P., for Parcel Nos. 122 and 123 in the amount of $40,320 in the lawsuit styled
Collier Counti? v. Killiant Piker. et al., Case No. 06- 1125 -CA (Count), Barn Road Project
No. 60101) (Fiscal Impact $6,720).
OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to
S ect. n '73 : 2 c� r, A 7.�. + i ,,, e.. e n a r ., _ r n fl
0 0_.�, 171--. ��at., to Respondon't (p opc �,, owner), _�_t Broadway � 0111pany. L.P— in `llle
amount of $40,320, as full compensation, excepting attorney's fees and costs, for the fee simple
acquisition arising out of the condemnation of Parcel Nos. 122 and 123 in Collier County 11.
TT'illicran Pilker, c1 ul., Case No. 06- 1125 -CA, County Barn Road Project 60101.
CONSIDERATIONS: Collier County has condemned a .20 acre parcel for road right -of -way
(Parcels 122 and 123) from property owner 524 Broadway Company L.P. The County's initial
appraisal dated January 12, 2006, valued the takings at S40,600. The County offered the
property owner $40,600 as the County's statutory offer on February 14, 2006. The offer was not
accepted. A second appraisal dated November 1, 2006, reflect a reduction in the value of the
Parcels to $33,600. An Order of Taking hearing was held on November 21, 2006, and the
County deposited the sum of $33,600 in the Court Registry.
The County Attorney's Office and staff would like to make an Offer of Judgment in the amount
of $40.3210 as full compensation for Parcels 122 and 123, less attorney's Fees, expert fees and
costs, which will expire in 30 days unless extended by the County or accepted. If the property
owner accepts the offer, the County will be required to pay an additional $6,720, which will be
paid to the property owner by Stipulated Final .Judgment of the court. 11' the property owner
rejects tlue offer, and fails to recover more than $40,320.00 for Parcels 122 and 123, either
through settlement or jury verdict. the County �N ?ill not be required to pay any costs incuITe(i by
Property owner after the date of the offer's rejection. This would include any expert witness
fees, such as appraisal fees. If the property owner accepts the offer, no attorney's fee would be
owed pursuant to Section 73.092, Fla. S1u1.
The County Attorney's Office has reviewed all considerations in malting an Offer of Judgment
and Ilas calculated in good faith this offer of full compensation fc)r the property interests taken.
This office considers the terms of the Ober of Judgment to he reasonable.
FISCAL IMPACT: funds in the amount of 56,720 are available from gas taxes and impact
fees. Source of funds are Gas Taxes and Impact Fees.
LEGAL CONSIDERATIONS: This item has be:n prepa :cct by the County Attorney's Office
and is ready for Board action. This is a regular iiern requiring i simple majority vote. aNz
GRONN'TH MANAGEMENT IMPACT: Done.
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Executive Summary
Page Two
RECOMMENDATION: That the Board of County Commissioners:
Approve the terms of the Offer of Judgment and authorize its service on the property
owner;
2. Approve the expenditure of funds as stated, if the offer is accepted.
Prepared by: Robert N. Zachary, Assistant County Attorney
06- 1125;278
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P a-,, e I of 21
COLLIER COUNTY
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IN THE CIRCUIT COUNT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COU'I,�TY, FLORIDA, a political
Sllbdivicior of tl?" Slate ^1 : i 11— Case No.: 06- 1125-CA
Petitioner, Parcel Nos.: 122 and 123
vs..
WILLIAI`�I PILGER, et al.,
Respondents.
PETITIONER'S OFFER OF JUDGAI TENT
TO: 524 }road -,vay Company L .P
c/o John W. Little, Esquire L
Richard J. Devitt, III, Esquire
Brigham Moore LLP
C:'re !'I:arlake C cntre. State I60I
2`0 South Australian Avenue
West Palm Beach, FL 33401 -5016
PETITIONER, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida
Statutes, and the procedure set forth in Fla.R.Civ.P. 1.442, does hereby make this binding Offer of
Judgment for County 1.) Road I oje�t vu, ) )ivi ii, MIS actiOIT t0 Rcspoiident, 5_'+ 2 AJ \�'AY
COMPANY, L.P., for all compensation, including any severance damages, business damages,
statutory interest, costs to cure, together with the Value of the taking, and any other claims of
Respondents arising out of the taking of Parcels 122 and 123, in the total amount of Forty Thousand
Three Hundred Twenty Dollars and Noi100 (S 10.320.00), which includes the amount of $_333,600. 00
previously deposited in the registry of the Circuit Court pursuant to the Order of Taking dated
November 2 I , I.:
There are no non-monetary temns or other relevant conditions M LIIiS offer except that this
offer does not include attorney fees and costs.
The construction plans and specifications for the project on which the offer is based have
been previously and continue to be made available for the Respondents' review upon reasonable
notice of such a request.
This Offer of Judgment was approved by the Board of County Commissioners on the
day of '2009.
Dated this day of 2009.
2
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3301 East Tarniami Trail
Naples, Florida 34112
(239) 252-8400 - Telephone
(239) 252-6300 - Facsimile
P) Y:
ROBERT' N. ZACHARY
,�SSISTAIN J`OUNTY ATTORNEY
N
Florida Bar No. 816604
.ATT(-)RNEY FOR PETT'FIONP'P