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Agenda 07/28/2009 Item #16K 2EXECUTIVE SUMMARY Authorize the making of an Offer of Judgment to Property owner, 524 Broadway Company, L.P., for Parcel Nos. 122 and 123 in the amount of $40,320 in the lawsuit styled Collier Counti? v. Killiant Piker. et al., Case No. 06- 1125 -CA (Count), Barn Road Project No. 60101) (Fiscal Impact $6,720). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to S ect. n '73 : 2 c� r, A 7.�. + i ,,, e.. e n a r ., _ r n fl 0 0_.�, 171--. ��at., to Respondon't (p opc �,, owner), _�_t Broadway � 0111pany. L.P— in `llle amount of $40,320, as full compensation, excepting attorney's fees and costs, for the fee simple acquisition arising out of the condemnation of Parcel Nos. 122 and 123 in Collier County 11. TT'illicran Pilker, c1 ul., Case No. 06- 1125 -CA, County Barn Road Project 60101. CONSIDERATIONS: Collier County has condemned a .20 acre parcel for road right -of -way (Parcels 122 and 123) from property owner 524 Broadway Company L.P. The County's initial appraisal dated January 12, 2006, valued the takings at S40,600. The County offered the property owner $40,600 as the County's statutory offer on February 14, 2006. The offer was not accepted. A second appraisal dated November 1, 2006, reflect a reduction in the value of the Parcels to $33,600. An Order of Taking hearing was held on November 21, 2006, and the County deposited the sum of $33,600 in the Court Registry. The County Attorney's Office and staff would like to make an Offer of Judgment in the amount of $40.3210 as full compensation for Parcels 122 and 123, 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 $6,720, which will be paid to the property owner by Stipulated Final .Judgment of the court. 11' the property owner rejects tlue offer, and fails to recover more than $40,320.00 for Parcels 122 and 123, either through settlement or jury verdict. the County �N ?ill not be required to pay any costs incuITe(i by Property owner after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees. If the property owner accepts the offer, no attorney's fee would be owed pursuant to Section 73.092, Fla. S1u1. The County Attorney's Office has reviewed all considerations in malting an Offer of Judgment and Ilas calculated in good faith this offer of full compensation fc)r the property interests taken. This office considers the terms of the Ober of Judgment to he reasonable. FISCAL IMPACT: funds in the amount of 56,720 are available from gas taxes and impact fees. Source of funds are Gas Taxes and Impact Fees. LEGAL CONSIDERATIONS: This item has be:n prepa :cct by the County Attorney's Office and is ready for Board action. This is a regular iiern requiring i simple majority vote. aNz GRONN'TH MANAGEMENT IMPACT: Done. usT ao .2 N' acj e ac _ C1 Executive Summary Page Two RECOMMENDATION: That the Board of County Commissioners: 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- 1125;278 2 P a-,, e I of 21 COLLIER COUNTY Item Number: Item Summary: -:I;-! of Ju grier-,* to P,oF,erfy Cy,;,, '4 y P. 7--r"'e'N-s ""'--arld r "il er a I C asc N3, D- -11 1 Cc,um, Sam. F�),i�, Pr i,ct H10 o,- j r'�' �, � �. ',VIII. Meeting Date: 7'2&�2029 9 �'--,,K 4,,Ivl 1, - - PreDared B3 R o be:L N c h &ry Silt ri4 :arty .tTur: °p' ate 0',�Jllty AILW;'aY ✓o'unty "t"w—ek, Approved By F. AE;h'c ;n Count,., zo�v-4 Attomt(t-" 7720n� 1.-';7 .Approved BN Y C C cwnt"f /'J�—'�- C.)'Unty Attc'n'-'y 71:71",'(','��' ':57 PM Approved By Approved By -'j, 3 j P I Approved 13N 7 Approved By ht Ir' _. j Approved BN Approved BN Approved By kpproved B) FJ i c:/ I /C:AA L-- n daTest"Ex nort\ I ' ).;- .1111v 0 -3 8 - ',,'O ^1009', 16, `,(','0('0\', FN Tll/4J'O'A G F\ D A \1 I Puuc2o[2 J�y�J2O2] �age4c�G 7z000064 1.22, mw -- cn�x.ss/ovnrs Qc��C�/\ecnJaTcx|\[xnnn\l��Jn|,��70rXv<001009\|6%70C()N�FN1'%?0ACFNl)4\1 7/77/?00q IN THE CIRCUIT COUNT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COU'I,�TY, FLORIDA, a political Sllbdivicior of tl?" Slate ^1 : i 11— Case No.: 06- 1125-CA Petitioner, Parcel Nos.: 122 and 123 vs.. WILLIAI`�I PILGER, et al., Respondents. PETITIONER'S OFFER OF JUDGAI TENT TO: 524 }road -,vay Company L .P c/o John W. Little, Esquire L Richard J. Devitt, III, Esquire Brigham Moore LLP C:'re !'I:arlake C cntre. State I60I 2`0 South Australian Avenue West Palm Beach, FL 33401 -5016 PETITIONER, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statutes, and the procedure set forth in Fla.R.Civ.P. 1.442, does hereby make this binding Offer of Judgment for County 1.) Road I oje�t vu, ) )ivi ii, MIS actiOIT t0 Rcspoiident, 5_'+ 2 AJ \�'AY COMPANY, L.P., for all compensation, including any severance damages, business damages, statutory interest, costs to cure, together with the Value of the taking, and any other claims of Respondents arising out of the taking of Parcels 122 and 123, in the total amount of Forty Thousand Three Hundred Twenty Dollars and Noi100 (S 10.320.00), which includes the amount of $_333,600. 00 previously deposited in the registry of the Circuit Court pursuant to the Order of Taking dated November 2 I , I.: There are no non-monetary temns or other relevant conditions M LIIiS offer except that this offer does not include attorney fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be made 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. 2 OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tarniami Trail Naples, Florida 34112 (239) 252-8400 - Telephone (239) 252-6300 - Facsimile P) Y: ROBERT' N. ZACHARY ,�SSISTAIN J`OUNTY ATTORNEY N Florida Bar No. 816604 .ATT(-)RNEY FOR PETT'FIONP'P