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Agenda 07/28/2009 Item #16K 9Agersda Item No. 16K9 July 28, 2009 ?age 1 of a EXECUTIVE SUMMARY Authorize the making of an Offer of Judgment to Respondent, Seacrest School, Inc., for Parcel Nos. 829A and 829B in the amount of $69,600 in the lawsuit styled Collier County v. Charles R. Keller, et al., Case No. 06- 876 -CA (County Barn Road Project 60101) (Fiscal Impact $11,600). OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to property owner, Seacrest School, Inc., in the amount of $69,600, as full compensation, excepting attorney's fees and costs, for the fee simple acquisition arising out of the condemnation of Parcel Nos. 829A and 829B in Collier County v. Charles R. Keller, et al., Case No. 06- 876 -CA, County Barn Road Project 60101. CONSIDERATIONS: Collier County has condemned parcels totaling .464 acres for road right -of -way (Parcels 829A and 8298) from property owner Seacrest School, Inc. The County's initial appraisal dated January 12, 2006, valued the takings at $67,300. The County offered the owner $67,300 as the County's statutory offer on February 28, 2006. The offer was not accepted. A second appraisal dated November 1, 2006 reflects a reduction in the value of Parcels 829A and 829B to $58,000. An Order of Taking hearing was held on December 8, 2006, and the County deposited the sunr of $58,000 in the Court Registry. The County Attorney's Office and staff would like to make an Offer of Judgment in the amount of $69,600 as full compensation for Parcels 829A and 829B, 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 $11,600, 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 569,600 for Parcels 829A and 829B, 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, if the property owner accepts the offer, the attorney's fee is based on a benefit achieved pursuant to Section 73.092, Fla. 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 $11,600 are 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. x=.6,.9 Executive Summary Pave 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- 0867- CA,246 2 Page I of I Face 3 -)f 5 a. COLLIER COUNTY BOARD OF COUNTY COMM!SSIONERS Item Number: 1,51<9 Item Summary: Authorize the making of an Offer of Judgment to Respondent, Seacrest School. Inc., for Parcel Nos, 829A and &298 in the amount of $69,6100 in the lawsuit styled Collier County v. Charles R. Keller. et a[., C2-,;e No. H, -876-CA (County Barn Rcad Project 60101 (Fiscal Impact $11 600), Meeting Date: 7,28/'2009 9:00:00 AM Prepared By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 71712009 4:54.49 PM Approved By Lisa Taylor 10an?gementiBudget Analyst Date Transportation Services Transportation Administration 7!812009 1:03 PrV1 Approved By Therese Stanley Grants Coordinator Date Transportation Transportation Administration 7/8!2009 1:19 PM Approved By Najeh Ahmad Director Date Trans Dortation Engineering & Transportation Services ' Construction Management 7/9,'2009 11:19 AM Approved By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 7/13,12009 3:26 PIA Approved By Kevin Hendricks Ri-orit Of Way Acquisition Manager Date Transportation Set-vices 7 E C M. - R 0VV 7113,2009 4:16 PM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney -Iffice 7/14;2009 4:18 PIA Approved By OMB 'Zoordinator OIAB Coordinator Date County Manager's Office Office of Management & Budget 7,115"2009 11:08 All Approved By Susan Usher Swnior Nlla nagemenVE1 ud get Analyst Da".- County Manager's Office Office Of Varlaglenlen.t & Budqet 7ilG!2005 10:47 4,10 Approved By Leo Ocirs, Jr. Depu"' County thann-'er ae County Manager's Off'-�ce Commissioners 711612609 11:50 AM fi I e://C:"A LendaTest\ Ex noi-t\ I 3 -1 -.Jul 0/02028 -%202009\ 16 %7000N fi FNTO/.) 0 A G FN D A\] 7/?)/7009 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 Parcel Nos.: 829A & 829B OFFER OF JUDGMENT TO: Seacrest School, Inc. c/o Richard D. Yovanovich, Esq. Goodlette, Coleman & Johnson, P.A. 4001 Tamiami Trail N. Naples, FL 34103 Petitioner, COLLIER COUNTY, pursuant to Section 73.0-332, Florida Statues, and Fla. R. Civ. P. 1.442, does hereby make this hinding offer of iudgment for Countv Barn Road Project 60101 in this action to the Respondent, SEACREST SCHOOL, 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 Parcels 829A & 829B, in the total amount of Sixty -Nine Thousand Six Hundred and No /100 Dollars ($69,600.00), for Parcels 829A and 82913, which includes the amount of $58,000.00 which was deposited pursuant to the Order of Taking dated December 8, 2006. Agerida ltern No 16K9 JUly 28. 20109 !=,age =�of 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 , 2009. 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 2