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Agenda 10/13/2009 Item #16K 1 Agenda Item No. 16K1 October 13, 2009 Page 1 of 6 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 $437,975 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 $53,175). 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 $437,975, as full compensation, excepting attorney's fees and costs, for condemnation of Parcel Nos. 126FEE and 126TCE in Collier County, Florida v. Alexander G. Christou, 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 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 County Attorney's Office and staff would like to make an Offer of Judgment in the amount of $437,975 as full compensation for Parcels 126FEE and 126TCE, 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 County will be required to pay an additional $53,175, 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 $437,975 for Parcels 126FEE and 126TCE, 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 is entitled to a fee based on 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 $53,175 are available in Gas Taxes and/or Impact Fees. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. RNZ .- GROWTH MANAGEMENT IMPACT: None. Agenda Item No. 16K1 October 13, 2009 Page 2 of6 Executive Summary Page Two RECOMMENDA TION: 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;3147 2 Agenda Item No. 16K1 October 13, 2009 Page 3 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16K1 Authorize the making of an Offer of Judgment to Respondent, C & T Properties Unlimited, for Parcel Nos. 126FEE and 126TCE in the amount of $437,975 in the lawsuit styled Collier County, Florida v. Alexander G. Christou, et aI., Case No. 07 -4923-CA (Santa Barbara Boulevard Extension Project No. 60091) (Fiscal Impact $53,175). 10/13/2009 9:00:00 AM Meeting Date: Prepared By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 9/30/2009 4:55:43 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM-ROW 9/30/20095:29 PM Approved By Najeh Ahmad Director Date Transportation Services Transportation Engineering & Construction Management 10/1/20098:01 AM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 10/1/20099:40 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 10/1/20092:20 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Services Transportation Adm inistration 10/2/200912:31 PM Approved By Therese Stanley Grants Coordinator Date Transportation Transportation Administration 10/2/2009 12:37 PM Approved By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 10/5/2009 11 :40 AM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 10/5/20091:28 PM __qV-ilia. .. ._0''''0'.-'. Approved By OMB Coordinator County Manager's Office Agenda Item No. 16K1 October 13, 2009 Page 4 of 6 OMB Coordinator Date Office of Management & Budget 10/5/20092:06 PM Approved By John A. Yonkosky County Manager's Office Director of the Office of Management Date Office of Management & Budget 10/5/2009 2: 19 PM Agenda Item No. 16K1 October 13, 2009 Page 5 of 6 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., Parcel(s): 126FEE & 126TCE Respondents. I 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 401 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 settlement of all Claims eonceming Parcel Nwnbers 126FEE and 126TCE, for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, statutory interest and any other claims of Respondent arising out of the taking of Parcel 126FEE and 126TCE for the sum of $437,975, subject to appropriation if any, which includes the amount of $384,800 deposited pursuant to the Order of Taking dated March 7, 2008. 1 Agenda Item No. 16K 1 October 13, 2009 Page 6 of 6 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 _ day of October, 2009. Dated this _ day of October, 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: .?z ROBERTN. ZACHARY ASSISTANT COUNTY ATTORNEY Florida Bar No. 816604 ATTORNEY FOR PETITIONER CP: 2