Agenda 06/08/2010 Item #16K 4
Agenda Item No, 16K4
June 8, 2010
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $501,000 for Parcels
126FEE and 126TCE in the lawsuit styled Collier County v. Alexander Christou, Inc., et al., Case No.
07-4923-CA (Santa Barbara Boulevard Extension Project No. 60091) (Fiscal Impact
$152,874.13).
OBJECTIVE: That the Board of County Commissioners approve the attached Stipulated Final
Judgment for payment of full compensation, for the taking of Parcels 126FEE and 126TCE in the lawsuit
styled Collier County v. Alexander Christou, Inc., 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 simple 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 owner's appraiser valued the land in the taking
at $412,800.00. He found severance damages to the remainder based on proximity to the new
roadway and reduced development potential in the amount of $729,000.00 for a total
compensation of $1,141,800.
The case was unsuccessfully mediated in April, 2009, and thereafter noticed for trial. However,
in light of additional discovery and depositions of the owner's experts, the County Attorney's
Office and staff made an Offer of Judgment, (which was authorized by the Board on March 9,
2010), in the amount of $501,000 as full compensation for Parcels 126FEE and 126TCE. The
offer excluded attorney's fees, expert fees and costs and would expire in 30 days unless extended
by the County or accepted. The Offer of Judgment was not accepted. The case is set for trial on
May 17, 2010. After further negotiations, the Respondents have agreed to accept $501,000 as to
compensation and attorney's fees, expert fees and costs were also resolved, subject to approval
by the Board.
If the attached Stipulated Final Judgment is approved, the County will be responsible for the following
costs:
Additional Amount Owed:
* Attorneys fees and Costs:
*Expert Fees and Costs:
TOTAL
$116,200.00
$20,963.25
$15,710.88
$152,874.1.3
* Attorney's Fees are mandated by 973.092, F.S., and are based on 33% of the total benefit achieved, i.e.,
0.33 x ($501,000 - $437,475).
* Experts include an appraiser and planner.
Agenda Item No. 16K4
June 8, 2010
Page 2 of 8
Executive Summary
Page Two
FISCAL IMPACT: Funds in the amount of $152,874.13 are available in Gas Taxes and/or
Impact Fees.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. RNZ
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDA TION: That the Board of County Commissioners authorize the Stipulated Final
Judgment as to Parcels 126FEE and 126TCE and authorize payment of the funds as stated
Prepared by: Robert N. Zachary, Assistant County Attorney
CP:07-4923-CA;3250
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Agenda Item No. 16K4
June 8, 2010
Page 3 of 8
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.,
Parcels: 126FEE,126TCE
Respondents.
/
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondents, C &
T PROPERTIES UNLIMITED, a Florida general partnership, by and through their undersigned
counsel, for entry of a Stipulated Final Judgment as to Parcels I 26FEE and 126TCE for Project No.
60091, and it appearing to the Court that the parties are authorized to make such Motion, the Court
finding that the compensation to be paid by Petitioner is the full compensation due the
Respondents, ALEXANDER G. CHRISTOU and DIAMOND CHRISTOU, and the Court being
otherwise fully advised in the premises thereof, it is thereupon
ORDERED AND ADJUDGED that Respondents, C & T PROPERTIES UNLIMITED, a
Florida general partnership, have and recover from Petitioner, COLLIER COUNTY, FLORIDA,
the total sum of Five Hundred One Thousand and No/lOO Dollars ($501,000.00) for Parcels
126FEE !ttlct .126TCE, as full payment for the :property interest tak~n ann for d~ages resulting to'
the remainder, if less than the entire property was taken, and for all other damages in connection
with said parcel; it is further
Agenda Item No. 16K4
June 8, 2010
Page 4 of 8
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, is
entitled to a credit for the good faith estimate of value previously deposited in the amount of
$384,800.00; it is further
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay
an additional One Hundred Sixteen Thousand Two Hundred and Noll 00 Dollars ($116,200.00) in
compensation to Respondents, it is further
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay
an additional Thirty Six Thousand Six Hundred Seventy Four and 131100 ($36,674.13) to
Respondents, which breaks down as ($20,963.25) for attorney's fees and ($15,710.88) for expert
fees and costs, and no other attorney's fees or costs shall be awarded in this case; it is further
ORDERED AND ADJUDGED that without further order of the Court, that within thirty
(30) days hereof, Petitioner, COLLIER COUNTY, FLORIDA, shall pay for the benefit of
Respondents, C & T PROPERTIES UNLIMITED, a Florida general partnership, the total balance
of$152,874.13, to Cohen and Grigsby, P.C. Trust Account c/o David T. Lupo, Esquire, 1100 Fifth
A venue South, Suite 401, Naples, FL 34102 for proper disbursement in accordance with this order;
it is further
ORDERED AND ADJUDGED that Parcels 126FEE and 126TCE, being a fee simple
interest and a temporary construction easement fully described in Exhibit "A" attached hereto and
incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated March 7,
2008, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further
ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above-styled
cause and recorded in Official Record Book 4309, Page 3340 of the Public Records of Collier
County, Florida be dismissed as to Parcels 126FEE and 126TCE; it is further
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Agenda Item No. 16K4
June 8, 2010
Page 5 of 8
ORDERED AND ADJUDGED that this Stipulated Final Judgment is to be recorded in the
Official Records of Collier County, Florida; it is further
ORDERED AND ADJUDGED that this Order disposes of all claims arising out of the
taking of Parcels 126FEE and 126TCE and that have or could have been asserted in this cause; it
is further
DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this
day of
,2010.
HONORABLE HUGH D. HAYES
CIRCUIT COURT JUDGE
confonned copies to:
Robert N. Zachary, Esquire
David T. Lupo, Esquire
Kevin Hendricks, Acquisition Mgr.rrransp.
Clerk's Office - Accounting Department
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Agenda Item No. 16K4
June 8, 2010
Page 6 of 8
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, C & T
PROPERTIES UNLIMITED, a Plorida general partnership, hereby respectfully move for entl)' of
the foregoing Stipulated Pinal Judgment as to Parcels 126FEE and 126TCK
Dated:
Dated:
DAVID T. LUPO, Esquire
Cohen & Grigsby, P.C.
1100 Fifth Avenue South, Suite 401
Naples, FL 34102
(239) 261-4673 -Phone
(239) 261-1579 - Facsimile
A TI'ORNEY FOR RESPONDENT C& T
PROPERTIES UNLIMITED
ROBERT N. ZACHARY
Assistant County Attorney
Florida Bar No.: 816604
3301 East Tamiarni Trail, 8th Floor
Naples, Florida 34112
(239) 252-8400 - Phone
(239) 252-6300 - Facsimile
ATTORNEY FOR PETITIONER
CP:07-4923-CA;3249
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Agenda Item No. 16K4
June 8, 2010
Page 7 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
16K4
Recommendation to approve a Stipulated Final Judgment in the amount of $501 ,000 for
Parcels 126FEE and 126TCE in the lawsuit styled Collier County v, Alexander Christou, Inc.,
et aI., Case No, 07 -4923-CA (Santa Barbara Boulevard Extension Project No. 60091) (Fiscal
Impact $152,874,13),
6/8/2010 9:00:00 AM
Item Number:
Item Summary:
Prepared By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney
5/12/20102:03:19 PM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney
5/12/20103:57 PM
Approved By
Norm E. Feder, AICP
Administrator - Transportation
Date
Transportation Division
Transportation Administration
5/13/20107:29 AM
Approved By
Kevin Hendricks
Manager - Right of Way
Date
Transportation Division
Transportation Engineering &
Construction Management
5/13/201011:06 AM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Division
Transportation Administration
5/13/2010 5:39 PM
Approved By
Najeh Ahmad
Director - Transportation Engineering
Transportation Engineering &
Construction Management
Date
Transportation Division
5/16/2010 3:39 PM
Approved By
Jeff Klatzkow
County Attorney
Date
5/26/20108:59 AM
Approved By
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
5/26/20109:36 AM
Approved By
Susan Usher
Management/Budget Analyst, Senior
Date
Agenda Item No. 16K4
June 8, 2010
Page 8 of 8
Office of Management &
Budget
Office of Management & Budget
6/112010 2:49 PM
Approved By
Leo E. Ochs, Jr.
County Manager
Date
County Managers Office
County Managers Office
6/1/20104:54 PM
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