Agenda 07/28/2009 Item #16K 8Ager ida llem No. 16K8
.iuiy 287 2009
Page 1 of 5
EXECUTIVE SUMMARY
Authorize the making of an Offer of Judgment to Respondent, Eden Institute Foundation,
Inc., for Parcel No. 128 in the amount of $88,200 in the lawsuit styled Collier County v.
Charles R. Keller, et al., Case No. 06- 876 -CA (County Barn Road Project 60101) (Fiscal
Impact $14,700).
OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to
Section 73.032, Fla. Stat., to property owner, Eden Institute houndation, Inc., in the amount of
$88,200, as full compensation, excepting attorney's fees and costs, for the fee simple acquisition
arising out of the condemnation of :Parcel No. 128 in Collier Counn, v. Charles R. Keller, et al.,
Case No. 06- 876 -CA, County Barn Road Project 60101.
CONSIDERATIONS: Collier County has condemned a.387 acre parcel for road right -of -way
(Parcel 128) from property owner Eden Institute Foundation, Inc. At the time of acquisition, the
subject property was improved with a single fancily home and proposed to be a special school for
children and adults with autism. The County's initial appraisal dated January 12, 2006, valued
the taking at $88,700. The County offered the property owner $88,700 as the County's statutory
offer on February 17, 2006. The offer was not accepted. A second appraisal dated November 1,
2006 reflects a reduction in the value of Parcel 128 to 73,500. An Order of Taking hearing was
held on December 8, 2006, and the County deposited the sum of $73,500 in the Court Registry.
The County Attorney's Office and staff would like to make an Offer of Judgment in the amount
of $88,200 as full compensation for Parcel 128, 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 S 14,700, 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 $88,200 for Parcel 128, 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.
If the property owner accepts the offer, the attorney is not entitled to a fee pursuant to Section
73.092, F, la. 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 $14,700 are available from gas taxes and impact
fees. Source of funds are Gas Taxes and Impact Fees.
LEGAL CONSIDERATIONS: This item has been prepared by the County Attorney's Office
and is ready for Board action. This is a regular item requiring a simple majority vote. rNz
GROWTH MANAGEMENT IMPACT: None.
a° 2 ;f.'
Executive Summary
Page Two
RECOMMENDATION: That the Board of County Commissioners:
1. 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- 0876- CA;244
2
Noe I of I
P ag, e 71' -5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16K8
Item Summary: Authorize the making of an Offer of Judgment to Respondent Eden Institute Foundation,
Inc., ror Parcel No. 128 In the amount of $88,200 in the lawsuit styled Collier County v.
Charles R. Ke!ler, et al., Case No. 06-876-CA (,County Barn RGad Project 60101) (Fiscal
Impact $14,700).
Meeting Date: 7,28/2009 9:00:00 AM
Prepared By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
717,'2009 4743:18 PM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Services
Transportation Administration
7/8,'2009 1:03 PM
Approved By
Therese Stanley
Grants Coordinator
Date
Transportation
Transportation Administration
7!812009 1:18 PM
Approved By
NaJeh Ahmad
Director
Date
Transportation Services
Transportation Engineering -9
711912009 11:21 AM
--ni Pllan:'30emerit
Approved By
Heidi F. Ashton
Assistant County Attorney
Date
County Attorney
County Attorney Office
7!912009 3:20 PP01
Approved By
Kevin Hendricks Right Of Way Acquisition Manager Date
i ;�ansportation Services 7 ECM-ROW 7112009 3:51 PM
Approved By
Robert N. ZachBry County P*,,t!.3r;-i,-,y Date
County Attorney County Attorney 0-1i-;e 71 "4, 2 00 9 4:18 PM
Approved By
OVS Coordinator Coordinator Date
County Manager's Office Office ol r0anagement & Bucget 7111'20G9 e:10 AM
Approved By
Susan Usher ucniw Analyst Dc'l'e
I
County !Manager's Office C-IffizC of Nlianac!ennent & -�;udqet 7;20!2009 P:44 AM
Approved By
Leo E. Ochs, jr. Deou-Y Caun+y ianaw�e. v' a'x
L
County P4anager's Office 712&'2009 10:22 AM,
Com-.m�ssioners
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A
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,
Petitioner,
V.
CHARLES R. KELLER et al.,
Respondents.
Case No. 06- 876 -CA
Aarc-f-1 1NTn • 1')R
r
OFFER OF JUDGMENT
TO: Eden Institute Foundation, Inc.
c/o John W. Little, Esq.
One Clearlake Centre, Suite 1601
250 South Australian Avenue
West Palm Beach, FL 33401
Petitioner, COLLIER COUNTY, pursuant to Section 73.032, Florida Statues, and Fla. R.
Civ. P. 1.442. does hereby make this binding offer of judgment for County Barn Road Project
60101 in this action to the Respondent, EDEN INSTITUTE FOUNDATION, INC.
( "Respondent "), for all compensation, including severance damages, business damages, costs to
cure, together with the value of the taking, and any other claims of Respondent arising out of the
taking of Parcel 128, in the total amount of Eighty Eight Thousand Two Hundred and No/100
Dollars ($88,200.00), for Parcel 128, which includes the amoimt of $73,500.00 which was
deposited pursuant to the Order of Taking dated December 8, 2006.
,;;en, a item No. 16L;8
i lu,'y 281 2009
r'u Df 5
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 attorneys
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 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 52009.
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 252 -8400 - Telephone
(239) 252 -6300 - Facsimile
I:
ROBERT N. ZACHARY
ASSISTANT COUNTY ATTORNEY
Florida Bar No. 816604
ATTORNEY FOR PETITIONER