Agenda 03/09/2010 Item #12C
Ade! -on
rYh r-ch ~, 'mID
~tL l~oI/<{U..~
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 $501,000 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 $116,200).
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
$50 I ,000, as full compensation, excepting attorney's fees and costs, for condemnation of Parcel
Nos. l26FEE and 126TCE in Collier County, Florida v. Alexander G. Christou. et a/.. Case No.
07-4923-CA, Santa Barbara Boulevard Extension Project No. 60091.
CONSIDERATIONS: Collier County has condemned a 2.75 acre parcel in fee simple for
road right-of-way (Parcel I 26FEE) and a .007 acre parcel for a temporary constmction easement
(Parcel l26TCE) 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 Febmary 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. Although the owner's appraiser valued the land in
the taking at near the County's value, he found severance damages based on proximity to the
new roadway and reduced development potential in the amount of $1 ,030,000 plus the value of
the land for a total compensation of$I,141,800.
The case was unsuccessfully mediated in April, 2009, and thereafter noticed for trial. The
County made an initial offer of judgment of $437,975 in October, 2009, which was rejected by
the owner. The case is set for trial on May 17,20 I O.
In light of additional discovery and depositions of the owner's experts, the County Attorney's
Office and staff would like to make an Offer of Judgment in the amount of $501,000 as full
compensation for Parcels 126FEE and I 26TCE, 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 COlmty will be required to pay an additional $116,200, 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 $50 I ,000 for Parcels l26FEE and l26TCE, 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 inelude 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 of $20,963.25 based on benefit achievcd
pursuant to Section 73.092, Fla. Stat. (33% of$50l,000 - $437,475). In addition, if the property
owner accepts the offer, the property owner is entitled to compensation for expert fees and costs
incurred to date.
M.- 0\'/
~~d1 ~11010
-Atj~ 1-lwI i>- (Z"C
Executive Summary
Page Two
FISCAL IMP ACT: Funds in the amount of $116,200 are available in Gas Taxes and/or Impact
Fees.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. RNZ
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: 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;314 7
2
-- --...-.-. --"'-_._-"'--~--"--~'<,-"
"<-'_"'_'~-,-,","",-,.."-'_.<-<-._'
AM-oV)
Me....-cM q I 20lD
. I oIem'1r- I [-C.o'
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 a!.,
Parcel(s): l26FEE & l26TCE
Respondents.
/
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 40 I
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 settlcment of all Claims
concerning Parcel Nwnbers l26FEE and 126TCE, for all compensation, including severance
damages, business damagcs, costs to cure, togcthcr with the value of the taking, statutory interest
and any othcr claims of Respondent arising out of the taking of Parccl 126FEE and 126TCE for
the sum of $50 I ,000.00, which includes thc amount of $3 84,800 deposited pursuant to the Order
of Taking dated March 7, 2008. This offer is subject to apportionment, if any.
I
. ,.., '-'--'..--~"-------~---"----
fI.&.d->>V]
I\IIWJ1 Q,20ro
A<je.vJ.A- Itcni""2C
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 23rd
day of March, 2010.
Dated this
day of March, 2010.
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:07-492J.CA;J 148
7
~
--'~-_.~"'-'-----_.~.-- .'-~~'~-------'-<"""--~-' ,','
,'"" ,,-,_">'-"'~---"----
.