Agenda 10/13/2009 Item #16K 1
Agenda Item No. 16K1
October 13, 2009
Page 1 of 6
EXECUTIVE SUMMARY
Authorize the making of an Offer of Judgment to Respondent, C & T Properties Unlimited,
for Parcel Nos. 126FEE and 126TCE in the amount of $437,975 in the lawsuit styled Collier
County, Florida v. Alexander G. Christou, et al., Case No. 07-4923-CA (Santa Barbara
Boulevard Extension Project No. 60091) (Fiscal Impact $53,175).
OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to
Section 73.032, Fla. Stat., to property owner, C & T Properties Unlimited, in the amount of
$437,975, as full compensation, excepting attorney's fees and costs, for condemnation of Parcel
Nos. 126FEE and 126TCE in Collier County, Florida v. Alexander G. Christou, et al., Case No.
07-4923-CA, Santa Barbara Boulevard Extension Project No. 60091.
CONSIDERATIONS: Collier County has condemned a 2.75 acre parcel in FEE for road right-
of-way (Parcel 126FEE) and a .007 acre parcel for a temporary construction easement (Parcel
126TCE) from the property owner, C & T Properties Unlimited. The County's initial appraisal
dated July 6, 2007, valued the takings at $412,400. The County offered the owner $437,475 as
the County's statutory offer on August 29, 2007. The offer was not accepted. A second
appraisal dated February 19, 2008, reflects a reduction in value of the Parcels to $384,800. An
Order of Taking hearing was held on March 7, 2008, and the County deposited the sum of
$384,800 in the Court Registry.
.-.
The County Attorney's Office and staff would like to make an Offer of Judgment in the amount of
$437,975 as full compensation for Parcels 126FEE and 126TCE, excluding 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 $53,175, 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 $437,975 for Parcels 126FEE and 126TCE,
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 is entitled to a fee based on 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 $53,175 are available in Gas Taxes and/or Impact
Fees.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. RNZ
.-
GROWTH MANAGEMENT IMPACT: None.
Agenda Item No. 16K1
October 13, 2009
Page 2 of6
Executive Summary
Page Two
RECOMMENDA TION: That the Board of County Commissioners approve the terms of the
Offer of Judgment and authorize its service on the property owner and the expenditure of funds as
stated, if the offer is accepted.
Prepared by: Robert N. Zachary, Assistant County Attorney
CP:07-4923-CA;3147
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Agenda Item No. 16K1
October 13, 2009
Page 3 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K1
Authorize the making of an Offer of Judgment to Respondent, C & T Properties Unlimited, for
Parcel Nos. 126FEE and 126TCE in the amount of $437,975 in the lawsuit styled Collier
County, Florida v. Alexander G. Christou, et aI., Case No. 07 -4923-CA (Santa Barbara
Boulevard Extension Project No. 60091) (Fiscal Impact $53,175).
10/13/2009 9:00:00 AM
Meeting Date:
Prepared By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
9/30/2009 4:55:43 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM-ROW
9/30/20095:29 PM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
10/1/20098:01 AM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
10/1/20099:40 AM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
10/1/20092:20 PM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Services
Transportation Adm inistration
10/2/200912:31 PM
Approved By
Therese Stanley
Grants Coordinator
Date
Transportation
Transportation Administration
10/2/2009 12:37 PM
Approved By
Heidi F. Ashton
Assistant County Attorney
Date
County Attorney
County Attorney Office
10/5/2009 11 :40 AM
Approved By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
10/5/20091:28 PM
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Approved By
OMB Coordinator
County Manager's Office
Agenda Item No. 16K1
October 13, 2009
Page 4 of 6
OMB Coordinator
Date
Office of Management & Budget
10/5/20092:06 PM
Approved By
John A. Yonkosky
County Manager's Office
Director of the Office of Management
Date
Office of Management & Budget
10/5/2009 2: 19 PM
Agenda Item No. 16K1
October 13, 2009
Page 5 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,
Petitioner,
Case No. 07-4923-CA
v.
ALEXANDER G. CHRISTOU, et al.,
Parcel(s): 126FEE & 126TCE
Respondents.
I
OFFER OF JUDGMENT
TO: C & T Properties Unlimited,
a Florida general partnership
c/o David T. Lupo, Esquire
Cohen & Grigsby, P.C.
1100 Fifth Avenue South, Suite 401
Naples, FL 34102
Petitioner, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida
Statutes, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in the Santa
Barbara Boulevard Extension Project Number 60091 to the Respondent, C & T PROPERTIES
UNLIMITED, a Florida General Partnership, ("Respondent"), in settlement of all Claims
eonceming Parcel Nwnbers 126FEE and 126TCE, for all compensation, including severance
damages, business damages, costs to cure, together with the value of the taking, statutory interest
and any other claims of Respondent arising out of the taking of Parcel 126FEE and 126TCE for
the sum of $437,975, subject to appropriation if any, which includes the amount of $384,800
deposited pursuant to the Order of Taking dated March 7, 2008.
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Agenda Item No. 16K 1
October 13, 2009
Page 6 of 6
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 attorney's
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 Respondent's review upon reasonable notice
of such a request.
This Offer of Judgment was approved by the Board of County Commissioners on the
_ day of October, 2009.
Dated this _ day of October, 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:
.?z
ROBERTN. ZACHARY
ASSISTANT COUNTY ATTORNEY
Florida Bar No. 816604
ATTORNEY FOR PETITIONER
CP:
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