Agenda 09/13/2016 R Item #16K 4 16.K.4
09/13/2016
EXECUTIVE SUMMARY
Recommendation to approve a Joint Motion and proposed Stipulated Final Judgment for Expert
Fees incurred by Respondent Eden Institute, in the amount of $10,839.48 for Parcel 128, in the
pending eminent domain case styled Collier County v. Charles R. Keller, et al., Case No. 06-CA-
0876, relating to Project No. 60101, the expansion of County Barn Road. (Fiscal Impact:
$10,839.48)
OBJECTIVE: To approve a proposed Stipulated Final Judgment for Expert Fees incurred by
Respondent Eden Institute in the amount of $10,839.48 for Parcel 128, in the pending eminent domain
case styled Collier County v. Charles R. Keller, et al., Case No. 06-CA-0876, relating to Project No.
60101,the expansion of County Barn Road,hereinafter referred to as the"Project."
CONSIDERATIONS: Respondent Eden Institute provided the County with its expert appraiser invoice
in the amount of $13,262.50, attached for reference. Through negotiation, the parties agreed to
reimbursement of$10,839.48 expended by Eden Institute,less than 82% of the original invoiced amount.
The County Attorney's Office and Staff recommend approval of this Joint Motion and proposed
Stipulated Final Judgment since a better result is not anticipated at trial. Upon approval, the County
Attorney's Office will file the attached Joint Motion with the Circuit Court.
FISCAL IMPACT: Funds in the amount of$10,839.48 will be paid from gas taxes and/or impact fees
from the County Barn Road Project No. 60101. The primary funding source for the acquisition of right-
of-way is impact fees. Should impact fees not be sufficient within a particular project, the secondary
funding source will be gas taxes.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. -JAB
RECOMMENDATION: To approve the attached Joint Motion and proposed Stipulated Final Judgment
and authorize the payment of funds as stated herein.
Prepared by: Jennifer A. Belpedio,Assistant County Attorney
ATTACHMENT(S)
1.Proposed Joint Motion and Stipulated Final Judgment (PDF)
2.Respondent's Appraiser Invoice (PDF)
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09/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4
Item Summary: Recommendation to approve a Joint Motion and proposed Stipulated Final
Judgment for Expert Fees incurred by Respondent Eden Institute, in the amount of$10,839.48 for Parcel
128, in the pending eminent domain case styled Collier County v. Charles R. Keller, et al., Case No. 06-
CA-0876, relating to Project No. 60101, the expansion of County Barn Road. (Fiscal Impact:
$10,839.48)
Meeting Date: 09/13/2016
Prepared by:
Title: Legal Assistant—County Attorney's Office
Name: Rosa Villarreal
08/26/2016 4:11 PM
Submitted by:
Title: County Attorney—County Attorney's Office
Name: Jeffrey A.Klatzkow
08/26/2016 4:11 PM
Approved By:
Review:
Transportation Engineering Kevin Hendricks Level 1 Sim.Reviewer 1-8 Completed 08/29/2016 8:46 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 08/29/2016 1:31 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 08/29/2016 1:49 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/29/2016 2:03 PM
Office of Management and Budget Susan Usher Level 3 OMB 1st Reviewer 1-4 Completed 08/30/2016 2:33 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 08/30/2016 4:58 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/13/2016 9:00 AM
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
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CIVIL ACTION a I
COLLIER COUNTY, FLORIDA, a political
subdivision of the State of Florida,
Petitioner,
v. CASE NO. 06-CA-876
PARCEL NO: 128
CHARLES R. KELLER, ET AL.,
Respondents.
JOINT MOTION FOR
STIPULATED FINAL JUDGMENT FOR EXPERT FEES
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, EDEN
INSTITUTE FOUNDATION, INC., by and through their undersigned counsel, hereby
respectfully move for entry of the attached Stipulated Final Judgment for Expert Fees attached
hereto as Exhibit"A."
Dated: 9/12_ t /‘ Dated:
JOHN W. LITT ,III, ESQUIRE EMILY R. PEPIN
Florida Bar No. 3 798 Florida Bar No. 92956
Gunster, Yoakley & Stewart,P.A. ASSISTANT COUNTY ATTORNEY
777 S Flagler Dr. Ste. 500E Harmon Turner Building
West Palm Beach, Florida 33401-6121 3299 East Tamiami Trail-Ste. 800
(561) 650-0701 -Telephone Naples, Florida 34112
(561) 671-2491 -Facsimile (239) 252-8400 - Telephone
ilittle(/gunster.com; eservice@gunster.com; (239) 252-6300 - Facsimile
alackey@gunster.com ATTORNEY FOR PETITIONER
Attorney for Respondent: COLLIER COUNTY,FLORIDA
EDEN INSTITUTE FOUNDATION, INC.
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EXHIBIT "A"
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA,
Petitioner,
v. CASE NO. 06-CA-876
PARCEL NO: 128
CHARLES R. KELLER, ET AL.,
Respondents.
STIPULATED FINAL JUDGMENT FOR EXPERT FEES
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent,
EDEN INSTITUTE FOUNDATION, INC., by and through its undersigned counsel, for entry of
a Stipulated Final Judgment for Expert Fees, 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, COLLIER COUNTY, FLORIDA, is the full compensation for Expert Fees due
Respondent, and the Court being otherwise fully advised in the premises thereof, it is thereupon
ORDERED that Respondent, EDEN INSTITUTE FOUNDATION, INC., have and
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Ten Thousand
Eight Hundred Thirty-Nine and 48/100 Dollars (810,839.48) as compensation for all expert
fees and costs incurred as a result of the taking of Parcel 128; it is further
ORDERED that within thirty (30) days from the date of this Stipulated Final Judgment,
Petitioner shall disburse the sum awarded herein in the amount of Ten Thousand Eight
[06-876-CA/1271825/1]
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Hundred Thirty-Nine and 48/100 Dollars ($10,839.48) to the Gunster, Yoakley & Stewart, Ne
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P.A. Trust Account, c/o John W. Little, III, Esq., 777 S. Flagler Drive, Suite 500E, West Palm
Beach, Florida 33401-6121; it is further
ORDERED that this Stipulated Final Judgment disposes of all claims arising out of the
taking of Parcel 128 that have or could have been asserted in this cause and no further fees or
costs shall be awarded for the taking of Parcel 128; it is further
ORDERED that this Court reserves jurisdiction to enforce this Stipulated Final Judgment.
DONE AND ORDERED in Chambers in Naples, Florida this day of
2016.
HONORABLE JAMES R. SHENKO
CIRCUIT COURT JUDGE
Conformed copies to:
Emily R. Pepin,Esquire
John W. Little, III, Esquire
Kevin Hendricks, Transportation ROW Acquisition Manager
Clerk office, Accounting
06-876-CA/862
[06-876-CA/1271825/1]
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DURRANCE Ti;
ASSOCIATES
FIEAL ESTATE A"'UISN,LS ® CONSULTING • MARKET:r L`:'Sr' c6
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October 6, 2014 Y
Gunster, Yoakley & Stewart, P.A.
c/o John Little
777 South Flagler Drive cts
Suite 500 East U
West Palm Beach, Florida 33401
Re: Project: County Barn Rd
County: Collier
Owner: Eden Institute
Parcel #: 128 76
Invoice #: 2459 �-
INVOICE
For the professional appraisal services of Durrance and Associates, regarding the above
referenced property, the following amount is due: o
a.
Durrance 23.50 Hours @ $240.00/Hr. $5,640.00 a
Schauer 44.50 Hours @ $170.00/Hr. $7,565.00
Spies 0.50 Hours @ $115.00/Hr. $57.50 0
0
Total Invoice Amount as of 10/6/2014 $13,262.50 2
0
If you need further information regarding the preceding, please let me know.
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Sincerely Yours,
CDDURRANCE and ASSOCIATES
Chad G. Durrance, President, MAI
State-Certified General
Real Estate Appraiser RZ987
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Sent Via Email: ALackey@gunster.com File No: 08-994 °?
jlittle@gunster.corn
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300 S Hyde Park Ave Suite#201 o Tampa,FL 33606 ® Phone: (813)253-5351 Z(
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DESCRIPTION OF SERVICES Eden Institute
08-994
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Chad G. Durrance a
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Date Description Hours 13
a)
2/10/2009 REVIEW FILE DOCUMENTATION. READ COUNTY APPRAISAL AND REVIEW SALES AND 3.75
REPORT. PHONE CONFERENCE WITH RICHARD DEWITT.
2/18/2009 INITIAL SALES REVIEW. 0.50
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3/9/2009 REVIEW/REFINE SALES DATA. PHONE CALL TO RICHARD DEWITT RELATING TO STATUS 1.75 ca
AND UNRESOLVED ISSUES. U
4/3/2009 REVIEW CORRESPONDENCE. 0.25 >
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8/17/2009 REVIEW POTENTIAL SALES AND RE-SALES OF COUNTY COMPARABLES. ROUGH OUT2.25 U
PRELIMINARY VALUES FOR PART TAKEN. DISCUSS SALES AND FINDINGS WITH STAFF
ALONG WITH ADDITIONAL INFORMATION NEEDED. °'
ca8/21/2009 REVIEW SALES INFORMATION AND RELATED DATA PUT TOGETHER BY STAFF. PHONE 2.00 'a
CONFERENCE WITH JOHN LITTLE RELATIVE TO FINDINGS THUS FAR.
8/24/2009 REVIEW/INSPECT OF SALES/SUBJECT. 1.75 c
9/25/2009 REVIEW/ANALYSIS OF COMPARABLE SALES DATA. 2.75 -a
3/9/2010 REVIEW/ANALYSIS OF POTENTIAL SALES AND FACTUAL INFORMATION REGARDING1.75 —
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SUBJECT. REVIEW OUTLINE PUT TOGETHER BY STAFF. a
3/23/2010 SALES ANALYSIS. CONSIDERED NUMEROUS FACTORS IN RELATION TO SUBJECT 2.50
INCLUDING LAND USE,ZONING, UTILITIES AND RELATED FACTORS.
3/24/2010 FINISH UP INITIAL ANALYSIS AND SALES REVIEW. 2.50 a
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3/29/2010 FINISH UP ANALYSIS. 1.75 CI
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TOTAL HOURS - Chad G. Durrance 23.50
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Chad G. Durrance Page 1 of 3
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DESCRIPTION OF SERVICES Eden Institute
08-994
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Kenneth R. Schauer a
Date Description Hours
2/18/2009 REVIEW FILE AND COUNTY APPRAISAL REPORT. RESEARCH OF COMPARABLE LAND 8.25 Y
SALES. PREPARATION OF LOCATION MAP OF COMPARABLE SALES.
2/19/2009 PREPARATION OF LOCATION MAP OF COMPARABLE SALES. 1.00
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8/14/2009 FOLLOW UP ON VARIOUS ISSUES PER CHAD. ANALYSIS OF APPRAISAL ISSUES AND5.50 7.
COMPARABLE SALES. DOCUMENTATION OF DETAILS. U
9/14/2009 RESEARCH COMPARABLE LAND SALES. REVIEW OF RECORDED DOCUMENTS INCLUDING 4.25 >
DEEDS, LEGAL DESCRIPTIONS, SITE DIMENSIONS,ZONING AND FLU. U
9/15/2009 RESEARCH COMPARABLE LAND SALES. REVIEW OF RECORDED DOCUMENTS INCLUDING 4.00 m
DEEDS, LEGAL DESCRIPTIONS, SITE DIMENSIONS,ZONING AND FLU.
9/18/2009 INSPECTION OF SUBJECT PROPERTY AND COMPARABLE SALES. 2.00 a
9/19/2009 PREPARATION OF SALES DATA AND EXHIBITS. 2.00
9/21/2009 PREPARATION OF SALES DATA, VERIFICATION AND DOCUMENTATION OF SAME. 4.50 ii
9/25/2009 PREPARATION OF SALES DATA,VERIFICATION AND DOCUMENTATION OF SAME. 2.75
9/28/2009 PREPARATION OF DOCUMENT OUTLINE. 6.00 a
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3/24/2010 REFINE DOCUMENT OUTLINE. 2.25 -a
3/25/2010 REFINE DOCUMENT OUTLINE. 2.00
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TOTAL HOURS - Kenneth R. Schauer 44.50 Q-
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DESCRIPTION OF SERVICES Eden Institute
08-994
Melissa Spies
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Date Description Hours
11/18/2008 GATHER PRELIMINARY SUBJECT DATA/MAPS.
0.50
TOTAL HOURS - Melissa Spies 0.50
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