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Agenda 01/26/2010 Item #16K2Agenda Item No. 16K2 January 26, 2010 Page 1 of 6 EXECUTIVE SUMMARY Authorize an Offer of Judgment to Respondent, City Gate Commerce Park Master Property Owner's Association, for Parcel No. 115DE in the amount of $9,600 in the lawsuit styled Collier County v. A L Subs, Inc., et al., Case No. 09 -3691 (Collier Boulevard Project No. 60092) (Fiscal Impact $1,600). OBJECTIVE: To authorize an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to property owner, City Gate Commerce Park Master Property Owner's Association, in the amount of $9,600, as full compensation, excepting attorney's fees and costs, for condemnation of Parcel No. 115DE in Collier County v. A L Subs, Inc., et al., Case No. 09- 3691 -CA, Collier Boulevard Project No. 60092. CONSIDERATIONS: Collier County has condemned a .0193 acre parcel for a drainage easement (Parcel 115DE) from the property owner, City Gate Commerce Park Master Property Owner's Association. The County's initial appraisal dated May 2, 2008, valued the taking at $8,800. The County offered the owner $8,800 as the County's statutory offer on July 3, 2008. The offer was not accepted. A second appraisal dated May 10, 2009, reflects a reduction in value of Parcel 115DE to $8,000. An Order of Taking hearing was held on September 17, 2009, and the County deposited the sum of $8,000 in the Court Registry. The County Attorney's Office and staff would like to make an Offer of Judgment in the amount of $9,600 as full compensation for Parcel 115DE, 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 $1,600, 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 $9,600 for Parcel 115DE, 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 and expert fees and costs, 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., as well as any expert fees incurred. 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 $1,600 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. 16K2 January 26, 2010 Page 2 of 6 RECOMMENDATION: That the Board of County Commissioners authorize 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:09- 3691- CA;3522 F Agenda Item No. 16K2 January 26, 2010 Page 3 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K2 Item Summary: Recommendation to authorize an Offer of Judgment to Respondent, City Gate Commerce Park Master Property Owners Association, for Parcel No. 115DE in the amount of $9,600 in the lawsuit styled Collier County v. A L Subs, Inc., et al., Case No. 09 -3691 (Collier Boulevard Project No. 60001) (Fiscal Impact $1,600). Meeting Date: 1/26/2010 9:00:00 AM Prepared By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney 111212010 9:28:10 AM Approved By Najeh Ahmed Director- Transportation Engineering Date Transportation Engineering & Transportation Division Construction Management 111212010 9:46 AM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney 111212010 10:37 AM Approved By Heidi F. Ashton Section Chief /Land Use - Transportation Date County Attorney County Attorney 111212010 11:44 AM Approved By Norm E. Feder, AICP Administrator - Transportation Date Transportation Division Transportation Administration 1/12/20101:47 PM Approved By Kevin Hendricks Manager- Right of Way Date Transportation Engineering & Transportation Division Construction Management 111212010 2:01 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Division Transportation Administration 1/14/2010 4:38 PM Approved By Therese Stanley Manager - Operations Support -Trans Date Transportation Division Transportation Administration 1/14/2010 5:01 PM Approved By Jeff Klatzkow County Attorney Date Approved By OMB Coordinator Agenda Item No. 16K2 January 26, 2010 Page 4 of 6 111 51201 0 1:22 PM Date County Manager's Office Office of Management & Budget 1/19/2010 11:18 AM Approved By Mark Isackson Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 1119/2010 11:41 AM Agenda Item No. 16K2 January 26, 2010 Page 5 of 6 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, VS. A L SUBS, INC., et al Petitioner, . Case No.: 09- 3691 -CA Parcel: 115DE Respondents. OFFER OF JUDGMENT TO: City Gate Commerce Park Master Property Owner's Association c/o Roger B. Rice Esq (Registered Agent) 9010 Strada Stell Ct Suite 207 Naples F134109 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 Collier Boulevard Project Number 60001 to the Respondent, City Gate Commerce Park Master Property Owner's Association C' Respondent'), in settlement of all Claims concerning Parcel Number 115DE, 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(s) arising out of the taking of Parcel 115DE for the sum of $9,600.00, which includes the amount of $8,000.00 deposited pursuant to the Order of Taking dated September 17, 2009. This Offer of Judgment is subject to apportionment, if any. 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. 1 Agenda Item No. 16K2 January 26, 2010 Page 6 of 6 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 January , 2010. Dated this _ day of January 2010. CP:09- 3691- CA;3521 2 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