Agenda 07/28/2009 Item #16K 9Agersda Item No. 16K9
July 28, 2009
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EXECUTIVE SUMMARY
Authorize the making of an Offer of Judgment to Respondent, Seacrest School, Inc., for
Parcel Nos. 829A and 829B in the amount of $69,600 in the lawsuit styled Collier County v.
Charles R. Keller, et al., Case No. 06- 876 -CA (County Barn Road Project 60101) (Fiscal
Impact $11,600).
OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to
Section 73.032, Fla. Stat., to property owner, Seacrest School, Inc., in the amount of $69,600, as
full compensation, excepting attorney's fees and costs, for the fee simple acquisition arising out
of the condemnation of Parcel Nos. 829A and 829B in Collier County v. Charles R. Keller, et al.,
Case No. 06- 876 -CA, County Barn Road Project 60101.
CONSIDERATIONS: Collier County has condemned parcels totaling .464 acres for road
right -of -way (Parcels 829A and 8298) from property owner Seacrest School, Inc. The County's
initial appraisal dated January 12, 2006, valued the takings at $67,300. The County offered the
owner $67,300 as the County's statutory offer on February 28, 2006. The offer was not
accepted. A second appraisal dated November 1, 2006 reflects a reduction in the value of
Parcels 829A and 829B to $58,000. An Order of Taking hearing was held on December 8, 2006,
and the County deposited the sunr of $58,000 in the Court Registry.
The County Attorney's Office and staff would like to make an Offer of Judgment in the amount
of $69,600 as full compensation for Parcels 829A and 829B, 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 $11,600, which will be
paid to the property owner by Stipulated Final Judgment of the court. If the property owner
rejects the offer, and fails to recover more than 569,600 for Parcels 829A and 829B, either
through settlement or jury verdict, the County will not be required to pay any costs incurred by
the property owner after the date of the offer's rejection. This would include any expert witness
fees, such as appraisal fees. Although the offer does not include attorney's fees, if the property
owner accepts the offer, the attorney's fee is based on a benefit achieved pursuant to Section
73.092, Fla. Stat.
The County Attorney's Office has reviewed all considerations in making an Offer of Judgment
and has calculated in good faith this offer of full compensation for the property interests taken.
This office considers the terms of the Offer of Judgment to be reasonable.
FISCAL IMPACT: Funds in the amount of $11,600 are from gas taxes and impact fees.
Source of funds are Gas Taxes and Impact Fees.
LEGAL CONSIDERATIONS: This item has been prepared by the County Attorney's Office
and is ready for Board action. This is a regular item requiring a simple majority vote. RNZ
GROWTH MANAGEMENT IMPACT: None.
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Executive Summary
Pave Two
RECOMMENDATION: That the Board of County Commissioners:
1. 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- 0867- CA,246
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a.
COLLIER COUNTY
BOARD OF COUNTY COMM!SSIONERS
Item Number:
1,51<9
Item Summary:
Authorize the making of an Offer of Judgment to Respondent, Seacrest School. Inc., for
Parcel Nos, 829A and &298 in the amount of $69,6100
in the lawsuit styled Collier County v.
Charles R. Keller. et a[., C2-,;e No. H, -876-CA (County
Barn Rcad Project 60101 (Fiscal
Impact $11 600),
Meeting Date:
7,28/'2009 9:00:00 AM
Prepared By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
71712009 4:54.49 PM
Approved By
Lisa Taylor
10an?gementiBudget Analyst
Date
Transportation Services
Transportation Administration
7!812009 1:03 PrV1
Approved By
Therese Stanley
Grants Coordinator
Date
Transportation
Transportation Administration
7/8!2009 1:19 PM
Approved By
Najeh Ahmad
Director
Date
Trans Dortation Engineering &
Transportation Services
'
Construction Management
7/9,'2009 11:19 AM
Approved By
Heidi F. Ashton
Assistant County Attorney
Date
County Attorney
County Attorney Office
7/13,12009 3:26 PIA
Approved By
Kevin Hendricks Ri-orit Of Way Acquisition Manager Date
Transportation Set-vices 7 E C M. - R 0VV 7113,2009 4:16 PM
Approved By
Robert N. Zachary Assistant County Attorney Date
County Attorney County Attorney -Iffice
7/14;2009 4:18 PIA
Approved By
OMB 'Zoordinator OIAB Coordinator Date
County Manager's Office Office of Management & Budget 7,115"2009 11:08 All
Approved By
Susan Usher Swnior Nlla nagemenVE1 ud get Analyst Da".-
County Manager's Office Office Of Varlaglenlen.t & Budqet 7ilG!2005 10:47 4,10
Approved By
Leo Ocirs, Jr. Depu"' County thann-'er ae
County Manager's Off'-�ce
Commissioners 711612609 11:50 AM
fi I e://C:"A LendaTest\ Ex noi-t\ I 3 -1 -.Jul 0/02028 -%202009\ 16 %7000N fi FNTO/.) 0 A G FN D A\] 7/?)/7009
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, a political
subdivision of the State of Florida,
Petitioner,
v.
CHARLES R. KELLER et al.,
Respondents.
Case No. 06- 876 -CA
Parcel Nos.: 829A & 829B
OFFER OF JUDGMENT
TO: Seacrest School, Inc.
c/o Richard D. Yovanovich, Esq.
Goodlette, Coleman & Johnson, P.A.
4001 Tamiami Trail N.
Naples, FL 34103
Petitioner, COLLIER COUNTY, pursuant to Section 73.0-332, Florida Statues, and Fla. R.
Civ. P. 1.442, does hereby make this hinding offer of iudgment for Countv Barn Road Project
60101 in this action to the Respondent, SEACREST SCHOOL, INC. ("Respondent "), for all
compensation, including severance damages, 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 829A
& 829B, in the total amount of Sixty -Nine Thousand Six Hundred and No /100 Dollars
($69,600.00), for Parcels 829A and 82913, which includes the amount of $58,000.00 which was
deposited pursuant to the Order of Taking dated December 8, 2006.
Agerida ltern No 16K9
JUly 28. 20109
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There are no non - monetary terms or other relevant conditions to this offer except that this
offer does include interest from the date of the Order of Taking but does not include attorneys
fees and costs.
The construction plans and specifications for the project on which the offer is based have
been previously and continue to be 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.
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 252 -8400 - Telephone
(239) 252 -6300 - Facsimile
BY:
ROBERT N. ZACHARY
ASSISTANT COUNTY ATTORNEY
Florida Bar No. 816604
ATTORNEY FOR PETITIONER
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